Local and special acts and resolutions of the General Assembly of the state of Georgia 1981 [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 19810000 English

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1981 19810000 Compiled and Published by Authority of the State

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iv Bills and ResolutionsAct Number References xiii Acts and Resolutions of General Application 2A Resolutions Proposing Amendments to the Constitution 1908 Vetoes by the Governor, 1979 Session 1937 Map of Counties and Judicial Circuits 1948 Appellate CourtsPersonnel 1949 Superior CourtsPersonnel and Calendars 1950 IndexTabular 1959 IndexGeneral 1978 Population of Georgia CountiesAlphabetically 2043 Population of Georgia CountiesNumerically 2046 Georgia Senatorial Districts, Alphabetically by County 2048 Georgia Senators, Alphabetically by Name 2050 Georgia Senators, Numerically by District 2052 Georgia House Districts, Alphabetically by County 2054 Georgia Representatives, Alphabetically by Name 2056 Georgia Representatives, Numerically by District 2064 Status of Referendum Elections for the Years 1953-1980 2072 Proclamations Re: 1980 Proposed Constitutional Amendments 2150 VOLUME TWO Acts by NumbersPage References iv Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3003 County Home Rule Actions 4929 Municipal Home Rule Actions 5045 Vetoes by the Governor, 1979 Session 5162 Map of Counties and Judicial Circuits 5173 Appellate CourtsPersonnel 5174 Superior CourtsPersonnel and Calendars 5175 IndexTabular 5184 IndexGeneral 5203 Population of Georgia CountiesAlphabetically 5268 Population of Georgia CountiesNumerically 5271 Georgia Senatorial Districts, Alphabetically by County 5273 Georgia Senators, Alphabetically by Name 5275 Georgia Senators, Numerically by District 5277 Georgia House Districts, Alphabetically by County 5279 Georgia Representatives, Alphabetically by Name 5281 Georgia Representatives, Numerically by District 5289 Status of Referendum Elections for the Years 1953-1980 5297 Proclamations Re: 1980 Proposed Constitutional Amendments 5375

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Compiler's Note General Acts and Resolutions of the 1981 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 1908, 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 1980 are printed in Volume Two beginning on page 5045. Home Rule Actions by Counties filed in the office of the Secretary of State during 1980 are printed in Volume Two beginning on page 4929. There are no numbered pages between 2189 and 3001. The indexes are printed in each volume and covers the material in both volumes. The tabular index lists matters by broad categories; the general index is a detailed, alphabetical index by subject matter.

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ACTS BY NUMBERS, PAGE REFERENCES 1 3003 2 3 3 114 4 116 5 117 6 119 7 3006 8 3011 9 3013 10 3016 11 3018 12 3021 13 3023 14 3027 15 3030 16 3033 17 3038 18 120 19 121 20 133 21 139 22 144 23 147 24 149 25 168 26 3041 27 3043 28 3045 29 3047 30 3050 31 3053 32 3055 33 3058 34 3060 35 3063 36 178 37 3065 38 180 39 3077 40 3080 41 3082 42 3084 43 3087 44 184 45 380 46 3090 47 3092 48 383 49 384 50 3095 51 3097 52 3099 53 3101 54 388 55 3103 56 389 57 390 58 407 59 3104 60 409 61 3106 62 3110 63 3112 64 3115 65 3117 66 411 67 413 68 3120 69 423 70 425 71 429 72 430 73 3131 74 3133 75 3135 76 3138 77 3140 78 3142 79 3144 80 3152 81 436 82 444 83 3155 84 3158 85 3159 86 3162 87 3164 88 3166 89 3169 90 454 91 459 92 460

Page v

93 462 94 469 95 473 96 477 97 3171 98 480 99 486 100 3172 101 487 102 3174 103 3177 104 3179 105 3181 106 3184 107 490 108 3186 109 3189 110 3192 111 3196 112 3197 113 3199 114 3202 115 3212 116 3221 117 3223 118 3225 119 494 120 496 121 497 122 500 123 504 124 508 125 510 126 516 127 517 128 518 129 3227 130 521 131 527 132 3231 133 3243 134 3245 135 528 136 3247 137 3249 138 3251 139 3254 140 3257 141 3258 142 3259 143 3261 144 3262 145 3264 146 3267 147 529 148 3269 149 3278 150 3279 151 530 152 531 153 3280 154 532 155 3281 156 533 157 534 158 535 159 536 160 537 161 3282 162 538 163 3283 164 3284 165 539 166 3285 167 540 168 541 169 3286 170 3287 171 3298 172 3302 173 542 174 3304 175 3307 176 544 177 3308 178 545 179 3309 180 3310 181 546 182 547 183 3311 184 3325 185 3327 186 3343 187 3345 188 3348 189 3351 190 3354 191 3356 192 3359

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193 3363 194 3366 195 3369 196 3371 197 3374 198 3377 199 3379 200 3381 201 3383 202 3387 203 3418 204 3428 205 3442 206 3444 207 3446 208 3450 209 3452 210 3464 211 3467 212 3470 213 3472 214 3474 215 548 216 3477 217 3480 218 3482 219 3486 220 3489 221 3491 222 3501 223 3535 224 3537 225 3538 226 3544 227 3546 228 3549 229 3551 230 3553 231 3558 232 3569 233 3574 234 3575 235 3577 236 3580 237 3581 238 3583 239 3586 240 551 241 3591 242 3594 243 3597 244 3626 245 3630 246 3632 247 3635 248 3638 249 3643 250 3645 251 3656 252 3658 253 3661 254 3663 255 3666 256 3668 257 3673 258 3675 259 3677 260 3689 261 3691 262 3694 263 3696 264 552 265 3697 266 3700 267 3703 268 3708 269 3710 270 3713 271 553 272 3716 273 3719 274 3721 275 3724 276 3726 277 3728 278 3731 279 3733 280 3736 281 3739 282 3743 283 3746 284 3776 285 3779 286 3795 287 3796 288 3798 289 3802 290 3814 291 3816 292 3818

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293 3821 294 3825 295 3828 296 3831 297 3834 298 3846 299 3848 300 3850 301 3853 302 554 303 557 304 593 305 3857 306 3859 307 3862 308 3865 309 3868 310 3870 311 3873 312 3875 313 3877 314 3881 315 3883 316 3886 317 3894 318 3897 319 3899 320 3902 321 3904 322 3907 323 3911 324 594 325 3913 326 3915 327 3918 328 3920 329 3922 330 3925 331 3927 332 3930 333 3933 334 3935 335 3937 336 3941 337 3943 338 3945 339 3948 340 3950 341 3952 342 3955 343 595 344 3957 345 3960 346 3962 347 3964 348 3966 349 3969 350 3972 351 3977 352 3979 353 3982 354 3984 355 3987 356 3991 357 3993 358 3995 359 3997 360 3999 361 4001 362 4004 363 4006 364 4011 365 4014 366 4016 367 4018 368 4019 369 4021 370 4024 371 4027 372 4031 373 4041 374 4046 375 4059 376 4061 377 4064 378 4067 379 4069 380 4072 381 4075 382 4077 383 4079 384 4082 385 4084 386 4086 387 4088 388 4090 389 4092 390 4094 391 4098 392 4101

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393 4104 394 4106 395 4108 396 4111 397 4113 398 4117 399 4120 400 4122 401 4124 402 4126 403 4129 404 4131 405 4135 406 4137 407 4140 408 4143 409 4157 410 4161 411 4163 412 4166 413 4168 414 4172 415 4174 416 4176 417 4178 418 4181 419 4184 420 4186 421 4189 422 4191 423 4193 424 4196 425 4198 426 4201 427 4204 428 4206 429 4210 430 597 431 4212 432 4219 433 4221 434 4223 435 4226 436 4228 437 4230 438 4232 439 4234 440 4237 441 599 442 4238 443 601 444 4239 445 4241 446 602 447 4242 448 4243 449 4245 450 604 451 4247 452 4251 453 4253 454 4255 455 4257 456 4260 457 4262 458 4264 459 4267 460 4269 461 4272 462 4274 463 4277 464 4279 465 4282 466 4284 467 4287 468 608 469 610 470 611 471 615 472 617 473 619 474 621 475 622 476 623 477 624 478 625 479 626 480 633 481 634 482 636 483 637 484 638 485 639 486 640 487 643 488 644 489 649 490 652 491 4289 492 654

Page ix

493 655 494 656 495 657 496 660 497 662 498 663 499 667 500 668 501 672 502 673 503 676 504 677 505 681 506 682 507 683 508 684 509 685 510 687 511 688 512 690 513 692 514 693 515 694 516 696 517 698 518 699 519 700 520 702 521 703 522 704 523 705 524 706 525 4299 526 710 527 711 528 713 529 714 530 717 531 718 532 726 533 729 534 730 535 732 536 733 537 735 538 753 539 755 540 756 541 760 542 763 543 766 544 767 545 769 546 770 547 774 548 4301 549 775 550 777 551 778 552 781 553 782 554 784 555 785 556 787 557 789 558 791 559 792 560 796 561 798 562 804 563 805 564 806 565 808 566 809 567 812 568 814 569 817 570 818 571 819 572 822 573 823 574 825 575 828 576 829 577 831 578 833 579 834 580 836 581 838 582 840 583 842 584 844 585 845 586 846 587 848 586 849 589 851 590 852 591 854 592 855

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593 856 594 857 595 862 596 865 597 867 598 868 599 870 600 870 601 872 602 874 603 875 604 876 605 878 606 880 607 883 608 893 609 894 610 895 611 896 612 899 613 900 614 915 615 916 616 917 617 918 618 920 619 921 620 927 621 929 622 931 623 935 624 4302 625 936 626 946 627 947 628 951 629 953 630 955 631 959 632 960 633 962 634 965 635 973 636 976 637 977 638 980 639 983 640 4304 641 985 642 986 643 987 644 991 645 996 646 4331 647 4335 648 998 649 1003 650 4339 651 1004 652 1006 653 4342 654 4344 655 1008 656 1009 657 1010 658 1016 659 1017 660 1019 661 1020 662 1022 663 1024 664 1026 665 1027 666 4346 667 4350 668 4360 669 4362 670 1029 671 4364 672 4370 673 1034 674 1036 675 1232 676 4373 677 1235 678 1238 679 4376 680 4381 681 1241 682 1244 683 1254 684 1256 685 4386 686 4393 687 4404 688 4451 689 4454 690 4463 691 4470 692 4502

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693 1258 694 4531 695 1265 696 4535 697 4545 698 4576 699 4587 700 1266 701 4591 702 4594 703 4597 704 4609 705 4645 706 4670 707 4688 708 4697 709 4713 710 4719 711 4722 712 4734 713 4743 714 1267 715 4750 716 4756 717 4759 718 4763 719 4794 720 4807 721 4810 722 4815 723 4821 724 4829 725 4831 726 4843 727 4846 728 4860 729 4870 730 4872 731 4875 732 1269 733 1306 734 1311 735 1315 736 1318 737 1320 738 1325 739 1327 740 1329 741 1330 742 1331 743 1334 744 1336 745 1354 746 4885 747 1366 748 1377 749 1378 750 1380 751 1383 752 1385 753 1386 754 1390 755 1392 756 1393 757 1394 758 1396 759 1417 760 1419 761 1420 762 1421 763 1422 764 1425 765 1429 766 1430 767 1433 768 1434 769 1436 770 1439 771 1441 772 1445 773 1447 774 1450 775 1456 776 1457 777 1549 778 1550 779 1552 780 1554 781 1565 782 1566 783 1570 784 1576 785 1578 786 4914 787 1581 788 1583 789 1585 790 1587 791 1703 792 1716

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793 1718 794 1728 795 1739 796 1740 797 1741 798 1744 799 1758 800 1759 801 1779 802 1789 803 1795 804 1797 805 1798 806 1801 807 1802 808 1803 809 1808 810 1809 811 1814 812 1815 813 1826 814 1828 815 1853 816 1856 817 1857 818 1887 819 1888 820 1889 821 1892 822 1894 823 1898 824 1903 825 4918 826 1906 827 4922 RESOLUTIONS BY NUMBER 1 2A 2 134 3 136 4 137 5 421 6 1458 7 4890 8 1461 9 1469 10 1470 11 1472 12 1474 13 1477 14 1480 15 1481 16 1483 17 1485 18 1487 19 1489 20 1491 21 1492 22 1495 23 1496 24 1498 25 4891 26 4892 27 4893 28 1499 29 1502 30 1504 31 1508 32 1510 33 1512 34 4894 35 1515 36 1517 37 4895 38 1521 39 4896 40 4897 41 4899 42 4900 43 1525 44 1528 45 4901 46 1529 47 1532 48 4903 49 1533 50 1534 51 4904 52 1536 53 4905 54 4906

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55 4907 56 4908 57 4909 58 1538 59 1539 60 4910 61 1540 62 4911 63 1543 64 1545 65 4913 66 1547 67 1909 68 1911 69 1913 70 1914 71 1916 72 1917 73 1920 74 1921 75 1923 76 1926 77 1928 78 1931 79 1933 80 1934 81 1568 82 1849 83 1850 BILLS AND RESOLUTIONSACT NUMBER REFERENCES 3 817 4 732 5 208 6 209 8 787 15 818 16 4 17 18 18 733 23 788 26 468 29 469 30 470 32 5 34 55 35 21 39 471 40 472 41 1 42 45 47 473 50 474 51 210 53 475 54 779 57 211 58 Veto 5 59 94 63 217 64 476 67 477 68 734 69 218 70 219 72 478 77 220 80 479 87 780 93 480 101 481 102 482 103 483 104 484 109 485 114 6 121 56 122 24 123 735 124 486 126 487 128 488 129 489 130 Veto 6 131 789 132 95 136 790 139 38 143 673

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149 490 150 221 151 7 152 125 161 791 162 44 163 674 164 491 167 791 169 492 179 96 181 493 182 90 184 494 185 495 186 496 187 222 188 736 189 223 195 22 196 23 197 792 198 8 199 497 200 819 201 57 202 67 203 498 204 9 205 499 206 500 207 737 208 126 210 131 211 781 213 501 215 224 216 225 217 502 219 503 220 738 221 504 227 505 229 226 230 506 231 507 235 508 237 771 241 509 247 510 249 815 250 820 253 511 254 512 257 772 260 227 261 216 263 513 265 10 266 97 267 215 269 68 270 58 271 675 272 Veto 12 273 676 274 514 275 515 276 516 277 517 278 773 279 518 280 519 281 520 283 821 286 822 287 739 292 677 293 214 294 213 295 212 299 521 301 11 302 12 303 228 306 522 309 303 310 229 314 740 317 678 319 523 323 524 324 98 330 525 331 679 332 230 333 680 338 232 339 66 343 526

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345 741 346 36 348 233 349 236 351 237 359 527 360 528 362 529 369 235 372 530 374 234 377 Veto 7 378 531 383 532 385 239 395 99 396 91 397 533 402 127 403 534 405 793 406 794 410 795 411 796 413 797 414 535 415 536 416 537 420 681 421 682 422 782 423 538 424 539 426 69 427 540 428 541 429 542 431 238 432 Veto 8 433 543 439 240 441 241 446 544 447 242 448 243 449 244 450 100 452 245 453 545 457 683 459 546 461 246 462 247 465 13 466 14 467 15 468 248 469 547 470 249 472 250 473 231 474 548 475 549 476 550 478 551 479 59 481 552 483 101 486 553 488 554 489 555 490 556 491 73 492 74 493 16 494 17 495 251 496 557 497 252 498 253 499 254 500 255 502 742 508 256 509 257 510 258 511 259 515 558 517 260 518 261 519 262 520 46 521 684 523 263 525 559 527 264 528 60 531 560 536 685 537 92

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538 61 539 265 540 561 543 266 544 267 545 798 546 562 549 563 551 564 552 268 554 799 556 785 562 269 564 270 566 28 567 29 568 30 569 31 574 800 575 823 576 565 579 271 581 272 582 686 585 566 586 273 587 274 588 275 590 567 591 276 592 277 593 278 594 279 595 568 598 102 599 103 600 104 601 105 602 106 604 569 606 280 607 47 613 687 617 32 618 33 619 743 620 34 621 35 624 39 631 281 633 570 635 40 639 Veto 9 642 282 643 571 651 744 653 824 656 572 658 688 659 283 661 75 662 107 663 76 664 77 665 78 667 284 668 285 669 286 670 689 671 287 673 288 675 289 676 290 679 291 680 292 681 293 682 294 683 295 684 296 685 573 687 108 688 690 693 574 699 297 700 298 701 299 702 691 703 692 704 41 705 42 706 43 707 300 709 301 710 302 711 62 712 79 713 80 714 63 715 109 716 575

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718 745 719 304 721 37 725 305 726 306 727 307 729 308 730 693 734 801 736 309 738 576 740 577 741 578 744 579 745 93 746 580 749 310 750 110 751 81 752 313 753 314 754 311 755 312 756 315 757 316 758 581 759 317 760 318 761 319 762 320 763 321 764 694 765 322 766 323 771 695 772 746 775 324 776 325 777 64 778 696 785 326 786 327 787 697 788 698 790 328 791 329 792 65 793 825 794 330 798 331 799 332 800 333 801 334 804 335 805 336 806 337 808 338 809 339 810 699 811 340 812 700 815 701 816 82 818 341 820 342 821 111 822 747 825 343 827 344 828 345 829 346 830 347 831 348 832 826 834 582 835 349 836 702 837 350 838 112 839 351 840 353 841 352 850 83 851 583 852 584 859 354 860 355 861 356 862 357 863 358 864 359 865 360 866 361 867 362 868 363 869 364 872 365 873 366 874 367 875 113

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877 703 878 704 882 368 885 369 886 370 887 585 889 371 893 705 894 372 895 706 897 373 900 707 903 586 909 374 910 587 912 375 915 376 916 377 917 827 918 378 919 708 921 379 924 380 925 709 926 381 929 710 932 382 933 383 934 384 935 385 936 386 937 387 938 388 941 389 942 390 947 711 948 84 949 391 950 392 951 712 952 713 954 393 955 394 957 588 958 714 959 129 960 395 962 396 963 397 964 398 965 399 966 400 967 401 968 402 969 403 970 404 971 405 972 406 973 407 974 715 976 408 978 409 979 410 980 411 982 412 983 413 984 414 991 415 996 589 998 416 999 716 1000 417 1001 418 1002 85 1003 86 1004 87 1005 88 1006 89 1007 419 1010 420 1011 421 1012 717 1013 114 1014 423 1016 422 1017 424 1018 786 1019 425 1020 427 1021 Veto 10 1022 426 1023 428 1024 718 1025 429 1026 430 1029 719 1031 431 1032 432 1033 720 1035 721

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1036 722 1037 433 1038 723 1039 434 1040 435 1041 436 1042 437 1044 724 1045 438 1046 725 1053 439 1056 726 1057 440 1058 441 1059 443 1060 442 1061 444 1062 445 1063 Veto 11 1064 446 1065 447 1066 448 1067 727 1068 728 1069 449 1072 450 1076 729 1077 451 1078 730 1079 452 1080 453 1081 454 1082 455 1083 456 1084 457 1085 731 1088 458 1089 459 1090 460 1091 461 1092 462 1093 463 1094 464 1095 465 1096 466 1099 467 1 783 2 590 3 591 9 2 11 48 12 748 13 592 14 70 15 71 17 3 18 593 21 594 23 774 26 115 27 132 29 19 30 595 31 596 32 749 33 750 35 775 36 49 39 597 40 598 41 599 42 600 43 Veto 1 44 601 45 602 48 603 51 604 52 605 54 751 61 777 69 Veto 2 70 778 71 802 79 606 80 607 82 784 84 608 85 803 86 804 87 609 88 133 91 805 93 806 99 807 100 752 101 610 102 808

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105 611 108 816 114 809 115 753 116 612 118 613 120 134 122 614 126 615 127 135 128 50 129 51 130 52 131 136 136 754 138 616 141 617 145 618 146 137 148 810 149 619 151 138 152 620 154 621 155 622 157 Veto 3 159 623 160 124 161 139 164 624 183 625 185 755 189 626 192 140 193 141 196 142 198 627 200 628 202 629 203 630 204 143 205 631 206 632 209 144 210 116 211 145 213 756 214 146 215 757 217 128 218 117 220 633 222 634 223 635 225 636 229 637 231 147 232 118 234 638 237 639 238 758 240 811 241 148 242 20 245 812 246 640 249 25 252 641 257 759 258 149 259 150 260 151 261 152 264 153 265 154 266 155 267 156 268 157 269 158 270 159 271 160 272 161 273 162 274 163 275 164 276 165 277 166 278 167 279 168 280 169 288 813 289 760 290 761 292 119 295 120 298 814 300 170 301 762 302 171 303 172

Page xxi

304 173 305 642 307 643 309 763 314 174 316 121 319 644 323 776 324 72 328 645 330 646 331 647 332 175 333 176 334 177 335 178 336 179 337 180 338 181 339 54 340 182 341 764 345 183 347 648 348 649 350 184 351 185 352 765 353 Veto 4 354 26 355 27 356 186 357 187 358 188 359 189 360 650 361 190 362 191 363 192 369 651 370 652 371 193 373 654 374 653 375 194 376 53 377 195 381 655 382 656 383 766 385 657 388 658 392 122 393 196 395 659 397 660 401 661 404 197 405 198 407 662 409 767 411 663 412 768 416 769 419 664 420 665 421 199 423 200 424 666 425 201 426 123 427 202 428 203 436 667 437 770 438 668 441 669 444 670 447 671 450 130 452 204 453 672 454 205 455 206 456 207 13 25 21 26 22 27 31 28 42 1 45 29 56 30 59 31 60 2 61 3 62 4 64 32

Page xxii

65 33 80 34 93 35 108 36 110 37 111 68 CA 113 38 115 82 119 69 CA 141 39 142 70 CA 143 40 144 41 145 42 146 43 147 44 148 45 151 46 154 47 155 48 156 49 161 50 164 51 170 71 CA 192 52 206 72 CA 210 73 CA 213 74 CA 214 53 215 75 CA 216 54 227 83 229 55 230 56 231 57 232 58 245 59 248 60 249 61 251 62 271 76 CA 293 63 302 5 307 77 CA 308 64 329 65 338 78 CA 339 79 CA 356 80 CA 357 66 7 6 20 7 31 8 54 9 60 10 61 81 63 11 66 12 76 13 80 14 85 15 86 67 CA 95 16 106 17 109 18 111 19 119 20 121 21 125 22 129 23 135 24

Page 3001

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1981 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 1981 CITY OF CUMMING PUNISHMENT IMPOSED BY THE POLICE COURT. No. 1 (House Bill No. 41). 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, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3159), so as to change the punishment which can be imposed by the police court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. Laws 1935, p. 1001), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3159), is hereby amended by striking from the fourth undesignated paragraph of Section 21 thereof the words: two hundred dollars, and substituting in lieu thereof the following:

Page 3004

$500.00, and by striking from said paragraph the words: fifty days, and substituting in lieu thereof the words: six months, so that when so amended the fourth undesignated paragraph of Section 21 shall read as follows: 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. Said police court shall have power and authority to impose fines and to inflict punishments, after convictions, upon all violators of the laws, resolutions and ordinances of said city, by fines not exceeding $500.00 and by compulsory labor in the chain-gang upon the streets or public works of said city under the control and direction of the proper officers, not to exceed six months, 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. Section 2. Said Act is further amended by striking in its entirety the fifth undesignated paragraph of Section 21 thereof, which reads as follows: 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., 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 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.

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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 Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 General Assembly of the State of Georgia, a bill to amend the City Charter of the City of Cumming, Georgia, so as to provide for 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 decrease those fines for contempt of said Court, and to repeal all conflicting laws therewith. This the 4 day of December, 1980. /s/ Joe T. Wood Representative, 9th District, Post 1 /s/ Bobby Lawson Representative, 9th District, Post 2 /s/ Jerry Jackson Representative, 9th District, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following dates: December 10, 17, 23, 1980.

Page 3006

/s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 7th day of January, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved February 11, 1981. MERIWETHER COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 7 (House Bill No. 151). AN ACT To amend an Act creating and establishing a Small Claims Court in and for Meriwether County, approved February 23, 1979 (Ga. Laws 1979, p. 3031), so as to change the provisions relative to certain costs of the court; to change the provisions relative to the time for setting hearing dates; to change the provisions relative to the reimbursement to the judge of said court for the collection of deferred partial payments on judgments; to change the provisions relative to fees of the constable or sheriff; to provide that the judge of said court shall receive the same fees as provided justices of the peace by the general law, unless specifically provided otherwise; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 3007

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court in and for Meriwether County, approved February 23, 1979 (Ga. Laws 1979, p. 3031), is hereby amended by striking from subsection (d) of Section 6 the following: $5.00, and inserting in lieu thereof the following: $7.50, so that when so amended, subsection (d) of Section 6 shall read as follows: (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.50. The cost of service shall be advanced by the party demanding same, shall be included in the filing fee hereinafter provided, and shall be taxed as other costs. Section 2. Said Act is further amended by striking from subsection (f) of Section 6 the following: thirty, and inserting in lieu thereof the following: forty-five, so that when so amended, subsection (f) of Section 6 shall read as follows: (f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than forty-five days from the date of the service of said notice. All hearings shall be set for such regular location as the judge shall set by rule and at such regular day and time each month as the judge shall set by rule. Section 3. Said Act is further amended by striking from subsection (a) of Section 8 the first two sentences which read as follows:

Page 3008

The plaintiff, when he files his claim, shall deposit the sum of $15.00 with the court, which shall cover all costs of the proceeding, including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $15.00., and inserting in lieu thereof the following: The plaintiff, when he files his claim, shall deposit the sum of $20.00 with the court along with the sum of $7.50 for each additional defendant named in the claim, which shall cover all costs of the proceeding, including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $20.00., so that when so amended, subsection (a) of Section 8 shall read as follows: The plaintiff, when he files his claim, shall deposit the sum of $20.00 with the court along with the sum of $7.50 for each additional defendant named in the claim, which shall cover all costs of the proceeding, including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $20.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be taxed against the losing party. Section 4. Said Act is further amended by striking from subsection (b) of Section 8 the following: $7.50, and inserting in lieu thereof the following: $20.00, so that when so amended subsection (b) of Section 8 shall read as follows: (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims

Page 3009

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. Section 5. Said Act is further amended by striking from Section 12 the following: clerical and accounting, and inserting in lieu thereof the following: clerical, accounting, and time, so that when so amended, Section 12 shall 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, he may do so at the expense of the plaintiff for clerical, accounting, and time costs incurred thereby. Section 6. Said Act is further amended by striking Section 23 in its entirety and inserting a new Section 23 to read as follows: Section 23. The fees of the constable or sheriff for the execution of a fi. fa. shall be $15.00 plus a reasonable amount for all necessary costs incurred in the levy and sale of the property, which shall 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%) of any amount in excess of $250.00, with a minimum amount of $15.00. Section 7. Said Act is further amended by inserting a new section immediately following Section 23, to be designated Section 23A, to read as follows: Section 23A. The fees to be provided the judge of the Small Claims Court, unless specifically provided otherwise in this Act, shall be the same as now or hereafter provided for justices of the peace by the general law of this state.

Page 3010

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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing a small claims court in and for Meriwether County, approved February 23, 1979 (Ga. Laws 1979, p. 3031); and for other purposes. This 15th day of December, 1980. Claude A. Bray, Jr. Representative, 70th District Meriwether County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: December 19, 26, 31, 1980. /s/ Claude A. Bray, Jr. Representative, 70th District

Page 3011

Sworn to and subscribed before me, this 12th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981. TALBOT COUNTY COMPENSATION OF COUNTY COMMISSIONERS. No. 8 (House Bill No. 198). AN ACT To amend an Act changing the compensation of the members of the board of county commissioners of Talbot County, approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2188), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2153), so as to change the compensation of the members of the board of county commissioners of Talbot County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the members of the board of county commissioners of Talbot County, approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2188), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2153), is hereby amended by striking from Section 1 thereof the following:

Page 3012

twelve hundred ($1200.00) dollars per annum, and inserting in lieu thereof the following: $3,600.00 per annum, so that when so amended said Section 1 shall read as follows: Section 1. The members of the board of county commissioners of Talbot County shall be compensated in the amount of $3,600.00 per annum, to be paid from the general funds of Talbot County in equal monthly installments. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the members of the board of county commissioners of Talbot County, approved February, 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2188), as amended; and for other purposes. This 15th day of December, 1980. Claude A. Bray, Jr. Representative, 70th District Talbot County Commissioners Georgia, Fulton County.

Page 3013

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: December 18, 24, 31, 1980. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 13th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981. CLINCH COUNTY SHERIFF'S COMPENSATION, DEPUTY SHERIFFS. No. 9 (House Bill No. 204). AN ACT To amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. Laws 1965, p. 2897), as amended, particularly by an Act approved April 5, 1979 (Ga. Laws 1979, p. 3211), so as to change the compensation of the sheriff; to change the provisions

Page 3014

relating to the salaries of the deputy sheriffs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. Laws 1965, p. 2897), as amended, particularly by an Act approved April 5, 1979 (Ga. Laws 1979, p. 3211), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The sheriff shall receive an annual salary of not less than $15,500.00 and not more than $18,500.00, the exact amount thereof to be fixed and determined by the governing authority of Clinch County. Whenever the governing authority of Clinch County shall raise the annual salary of the sheriff to a figure which shall exceed $16,500.00 per annum, the governing authority shall publish a notice of its intention to do so in the official organ of Clinch County once a week for three weeks prior to such action taking place. The compensation of the sheriff shall be paid in equal monthly installments from the funds of Clinch County. Section 2. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. The sheriff is hereby authorized to appoint three deputy sheriffs and one part-time deputy sheriff to assist him in the performance of his duties, and such deputy sheriffs and part-time deputy sheriff shall serve at the pleasure of the sheriff. Each of the two deputy sheriffs shall receive a salary of not less than $10,800.00 per annum and not more than $15,600.00 per annum. The deputy sheriffs shall not be eligible to receive the maximum salary specified herein until they have completed the basic course of instruction offered by the Georgia Peace Officer Standards and Training Council. The part-time deputy sheriff shall receive a salary of not less than $1,200.00 per annum and not more than $2,400.00 per annum. The sheriff shall be authorized to fix the salaries of the deputy sheriffs and part-time deputy sheriff within said limits with the approval of the board of commissioners of Clinch County, and when so fixed by the sheriff said salaries shall be paid in equal monthly installments from the funds of Clinch County.

Page 3015

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 General Assembly of Georgia a bill to increase the salary of the Sheriff and Sheriff's Deputies of Clinch County; to repeal conflicting laws and for other purposes. This the 12th day of December, 1980. Tom Crosby Representative, 150th District Georgia, Clinch County. Personally appears before the undersigned officer authorized to administer oaths, Iverson H. Huxford, who on oath deposes and says that he is publisher of The Clinch County News, the official publication organ of Clinch County, Georgia, and that the below Notice of Intention to Introduce Local Legislation was duly published in said publication the issues of December 18, 1980, December 25, 1980, and January 1, 1981. /s/ Iverson H. Huxford Publisher

Page 3016

Sworn to and subscribed before me, this 13th day of January, 1981. /s/ Betty R. Williams Notary Public, Clinch County, Ga. (Seal). Approved February 27, 1981. STATE COURT OF WARE COUNTY SALARIES OF JUDGE AND SOLICITOR. No. 10 (House Bill No. 265). AN ACT To amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. Laws 1897, p. 510), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3118), so as to change the compensation of the judge and the solicitor of the court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. Laws 1897, p. 510), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3118), is hereby amended by striking from Section 4A the figures $6,200 and $5,300, and inserting in lieu thereof the figures $14,400 and $12,240, so that when so amended said section shall read as follows:

Page 3017

Section 4A. The Judge of the State Court of Ware County shall receive an annual salary of $14,400. The Solicitor of the State Court of Ware County shall receive an annual salary of $12,240. Said compensation shall be paid in equal monthly installments from the funds of Ware County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 Session of the Georgia General Assembly, a bill to increase the salary of the Judge and Solicitor of the State Court of Ware County. This 27 day of December, 1980. Harry D. Dixon Representative, 151st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon who, on oath, deposes and says that he/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: December 27, 1980, January 3, 10, 1981. /s/ Harry Dixon Representative, 151st District

Page 3018

Sworn to and subscribed before me, this 19th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981. MURRAY COUNTY COMPENSATION OF NAMED COUNTY OFFICIALS. No. 11 (House Bill No. 301). AN ACT To amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2509), as amended, so as to change the compensation of said officers; to provide for longevity increases; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2509), as amended, 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 $20,000.00. In addition thereto the clerk's salary shall be increased by 2 1/2 percent for each year in office served by the clerk

Page 3019

for any year beginning on or after January 1, 1980, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the clerk's salary on the day immediately previous to the day on which any such increase is to take effect. The clerk's salary shall be payable in monthly installments from the funds of Murray County. Section 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The sheriff shall receive an annual salary of $21,000.00. In addition thereto the sheriff's salary shall be increased by 2 1/2 percent for each year in office served by the sheriff for any year beginning on or after January 1, 1980, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the sheriff's salary on the day immediately previous to the day on which any such increase is to take effect. The sheriff's salary shall be payable in monthly installments from the funds of Murray County. Section 3. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The judge of the probate court shall receive an annual salary of $22,000.00. In addition thereto the judge's salary shall be increased by 2 1/2 percent for each year in office served by the judge for any year beginning on or after January 1, 1980, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the judge's salary on the day immediately previous to the day on which any such increase is to take effect. The judge's salary shall be payable in monthly installments from the funds of Murray County. Section 4. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. The tax commissioner shall receive an annual salary of $18,500.00. In addition thereto the tax commissioner's salary shall be increased by 2 1/2 percent for each year in office served by the tax commissioner for any year beginning on or after January 1, 1980, such

Page 3020

increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the tax commissioner's salary on the day immediately previous to the day on which any such increase is to take effect. The tax commissioner's salary shall be payable in monthly installments from the funds of Murray County. 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 1981 session of the General Assembly of Georgia, a bill to change the compensation of the probate judge, clerk of Superior Court, sheriff, and tax commissioner of Murray County; and for other purposes. This 22 day of December, 1980. Thomas P. Ramsey III 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: December 24, 31, 1980 and January 8, 1981.

Page 3021

/s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 19th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981. MURRAY COUNTY SALARY OF COUNTY COMMISSIONER. No. 12 (House Bill No. 302). AN ACT To amend an Act creating the commissioner of Murray County, approved March 20, 1939 (Ga. Laws 1939, p. 691), as amended, so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the commissioner of Murray County, approved March 20, 1939 (Ga. Laws 1939, p. 691), as amended, is hereby amended by striking Section 7A in its entirety and inserting in lieu thereof a new Section 7A to read as follows: Section 7A. The commissioner of Murray County shall receive an annual salary of $24,000.00, payable in equal monthly installments

Page 3022

from the funds of Murray County. In addition thereto the commissioner's salary shall be increased by 2 1/2 percent for each year in office served by the commissioner for any year beginning on or after January 1, 1980, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the commissioner's salary on the day immediately previous to the day on which any such increase is to take effect. In addition to his annual salary, he shall be reimbursed for his actual expenses incurred in the discharge of the officla duties of his office. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to change the compensation of the commissioner of Murray County; and for other purposes. This 22 day of December, 1980. Thomas P. Ramsey, III 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

Page 3023

organ of Murray County, on the following dates: December 24, 31, 1980 and January 8, 1981. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 19th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981. FLOYD COUNTY BOARD OF COUNTY COMMISSIONERS. No. 13 (House Bill No. 465). AN ACT To amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. Laws 1917, p. 351), as amended, so as to designate posts on the board; to provide qualifications for members of the board; to stagger terms of the members of the board; to provide for election of successors; to provide for vacancies; to change salary and expenses of 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:

Page 3024

Section 1. An Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. Laws 1917, p. 351), as amended, is hereby amended by striking in its entirety Sections 4 and 5 thereof and inserting in lieu thereof new Sections 4, 5, and 5A to read as follows: Section 4. (a) The Board of Commissioners of Floyd County composed of five members shall continue as the governing authority of Floyd County, but those members of the board in office on January 15, 1981, and their successors shall serve thereafter in designated posts. Two of the members of that board shall reside in Floyd County inside the corporate limits of the City of Rome and shall hereafter serve in Posts 1 and 2, with the post being held on January 15, 1981, by Mr. Charles Parker hereafter being designated as Post 1, and the post being held on January 15, 1981, by Ms. Anne Rigas hereafter being designated as Post 2. Three of the members of that board shall reside in Floyd County but outside the corporate limits of the City of Rome and shall hereafter serve in Posts 3, 4, and 5, with the post being held on January 15, 1981, by Mr. Glenn Johnson hereafter being designated as Post 3, the post being held on January 15, 1981, by Mr. C. T. (Buddy) Blankenship hereafter being designated as Post 4, and the post being held on January 15, 1981, by Mr. Howard Smith hereafter being designated as Post 5. The term of office of those members serving on the effective date of this section in Posts 1 and 3 shall expire on December 31, 1982, and upon the election and qualification of a successor. The term of office of those members serving in Posts 2, 4, and 5 shall expire on December 31, 1984, and upon the election and qualification of a successor. (b) Successors to fill any board term of office expiring on or after December 31, 1982, shall be elected at the November general election immediately preceding the expiration of that term, shall take office on the first day of January immediately following their election, and shall serve for terms of office of four years and until their successors are elected and qualified. Any person offering for election as a member of the Board of Commissioners of Floyd County after the effective date of this section shall designate, at the time of so offering, the post for which such person is offering and shall not offer for election for more than one post on that board. Section 5. Vacancies on the board shall be filled by the remaining members of the board appointing a successor to fill out the unexpired term of office and until a successor is elected and qualified pursuant to Section 4 of this Act.

Page 3025

Section 5A. Each member of the Board of Commissioners of Floyd County shall be entitled to a salary of $300.00 per month. In addition thereto the chairman of the board shall receive an expense allowance of $250.00 per month, the vice-chairman of the board shall receive an expense allowance of $225.00 per month, and each of the other three members of the board shall receive an expense allowance of $200.00 per month. No member of the board shall be entitled to receive any other sum or sums whatever other than those specified in this section unless it is necessary for the board or a committee of the board to go out of the county on official business for the county, and then they shall be paid their actual expenses after having rendered sworn itemized statements for the expenses incurred on such trip. Salary and expenses authorized by this section shall be paid from the funds of Floyd County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to amend an Act creating the Floyd County Board of Commissioners, approved July 28, 1917 (Ga. Laws 1971, p. 351), as amended; and for other purposes. This 6th day of January, 1981. E. M. (Buddy) Childers Representative, 15th District Dan Fincher Senator, 52nd District Ken Fuller Representative,
Page 3026

16th District John Adams Representative-Elect, 14th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers who, on oath, deposes and says that he/she is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 8, 15, 22, 1981. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 26th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981.

Page 3027

FLOYD COUNTY TAX COMMISSIONER'S COMPENSATION. No. 14 (House Bill No. 466). AN ACT To amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga. Laws 1950, p. 2749), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 3181), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga. Laws 1950, p. 2749), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 3181), is hereby amended by striking from Section 7 thereof the following: $14,000.00, and inserting in lieu thereof the following: $22,000.00, so that when so amended said Section 7 shall read as follows: Section 7. The county tax commissioner of Floyd County shall be paid a salary of $22,000.00 per annum, payable in equal monthly installments from the funds of Floyd County. The county tax commissioner shall be entitled to experience increases in salary of $500.00 per annum for each 4 year term of office completed for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling four or more years. 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 commissions

Page 3028

on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. The base salary provided herein is the authorized minimum with the salary to be set by the Board of Commissioners of Floyd County at its discretion. The increases for experience are the authorized minimums with the actual amount for experience to be determined by the Board of Commissioners. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga. Laws 1950, p. 2749), as amended, particularly by an Act approved March 27, 1972, (Ga. Laws 1972, p. 3181); and for other purposes. This 6th day of January, 1981. E. M. (Buddy) Childers Representative, 15th District Dan H. Fincher Senator, 52nd District Ken Fuller Representative, 16th District John Adams Representative-Elect, 14th District

Page 3029

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers who, on oath, deposes and says that he/she is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 8, 15, 22, 1981. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 26th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981.

Page 3030

FLOYD COUNTY SALARIES OF CLERK OF SUPERIOR COURT AND JUDGE OF PROBATE COURT. No. 15 (House Bill No. 467). AN ACT To amend an Act establishing compensation and allowances for the Clerk of the Superior Court of Floyd County and the Judge of the Probate Court of Floyd County, approved March 27, 1972 (Ga. Laws 1972, p. 3184), so as to change the salary of said 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 establishing compensation and allowances for the Clerk of the Superior Court of Floyd County and the Judge of the Probate Court of Floyd County, approved March 27, 1972 (Ga. Laws 1972, p. 3184), is hereby amended by striking from Section 2 thereof the following: $14,000.00, and inserting in lieu thereof the following: $21,500.00, so that when so amended said Section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Floyd County shall be paid a salary of $21,500.00 per annum, payable in equal monthly installments from the funds of Floyd County. The clerk of the superior court shall be entitled to experience increases in salary of $500.00 per annum for each four-year term of office completed for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling four or more years. Section 2. Said Act is further amended by striking from Section 3 thereof the following:

Page 3031

$14,000.00, and inserting in lieu thereof the following: $25,000.00, so that when so amended said Section 3 shall read as follows: Section 3. The Judge of the Probate Court of Floyd County shall be paid a salary of $25,000.00 per annum, payable in equal monthly installments from the funds of Floyd County. The judge of the probate court shall be entitled to experience increases in salary of $500.00 per annum for each four-year term of office completed for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling four or more years. Section 3. This Act shall become effective on the first day 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 1981 Session of the General Assembly of Georgia a bill to amend an Act establishing compensation and allowances for the Clerk of the Superior Court of Floyd County and the Ordinary of Floyd County, approved March 27, 1972 (Ga. Laws 1972, p. 3184); and for other purposes. This 6th day of January, 1981. E. M. (Buddy) Childers Representative, 15th District Dan H. Fincher Senator,
Page 3032

52nd District Ken Fuller Representative, 16th District John Adams Representative-Elect, 14th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers who, on oath, deposes and says that he/she is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 8, 15, 22, 1981. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 26th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981.

Page 3033

STATE COURT OF GWINNETT COUNTY JURY TRIALS, SALARIES, ETC. No. 16 (House Bill No. 493). AN ACT To amend an Act establishing the State Court of Gwinnett County, approved March 23, 1977 (Ga. Laws 1977, p. 3331), as amended by an Act approved February 16, 1979 (Ga. Laws 1979, p. 3010), so as to strike certain provisions relating to demand for trial; to provide that the procedure for a demand for trial in the State Court of Gwinnett County shall conform to the general law of the state; to provide terms of court; to provide compensation of the judge and solicitor of the State Court of Gwinnett County; to provide for the appointment of an assistant solicitor of such court; to provide for qualifications, duties, and compensation of such assistant solicitor; to prohibit the assistant solicitor from engaging in the active practice of law; to provide for the appointment of an assistant solicitor as the chief assistant solicitor; to provide for the duties of the chief assistant solicitor; to provide for all 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. An Act establishing the State Court of Gwinnett County, approved March 23, 1977 (Ga. Laws 1977, p. 3331), as amended by an Act approved February 16, 1979 (Ga. Laws 1979, p. 3010), is hereby amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Jurisdiction; request for jury trial; demand for trial. (a) The State Court of Gwinnett County shall have jurisdiction to entertain, hear, try, and determine all civil and criminal cases concurrent with the Gwinnett Superior Court except such civil and criminal cases, the jurisdiction of which is vested exclusively in the superior court. The jurisdiction herein conferred shall include cases involving title to personalty trover and attachment and garnishment proceedings, distress warrants and possessory warrants. Said court shall have jurisdiction as the superior court of appeals from the justice's courts of said county.

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(b) In all criminal cases, the judge of said court shall be the judge of both questions of fact and of law unless the person subject to be tried shall, before pleading to the charge against him at arraignment, or the state shall, request a jury trial in lieu of a bench trial, it being the purpose hereof to eliminate trial by jury unless requested by the person charged or by the state. Furthermore, it being the purpose hereof that any request for jury trial in lieu of a bench trial is not to be construed as a demand for speedy trial under any applicable speedy trial statute. Said request shall be in a manner and form prescribed by the court. Upon either such timely request being made, such person shall be tried by jury, as is hereinafter provided. (c) Any person against whom an accusation has been filed in the State Court of Gwinnett County may demand at either the term when said accusation was filed, or at the next succeeding term of the court thereafter, a trial; or, by special permission of the court, such person may at any subsequent term of said court thereafter, demand a trial. In either case the demand for trial shall be placed upon the minutes of the court and a copy served upon the solicitor of the court. If such person shall not be tried at the term when the demand is made, or within the next two succeeding regular terms thereafter, provided that at both terms of said court there were juries impaneled and qualified to try such person, such persons shall be absolutely discharged and acquitted of the offense charged in the accusation. However, it being the purpose hereof that any request for jury trial in lieu of a bench trial as set forth in subsection (b) herein, shall not be construed to be a demand for trial under any applicable speedy trial statute. (d) In all civil cases the judge shall be the judge of all questions of fact and of law unless either party to such proceeding shall file a written request for jury trial in lieu of a bench trial. Upon such request being filed, the case shall be tried by a jury as hereinafter provided unless such request for jury trial in lieu of a bench trial is withdrawn before the call of the case for trial. When a request for jury trial is filed, the same shall not be withdrawn without the consent of the opposite party. Section 2 . 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. Terms of court. The terms of court for the State Court of Gwinnett County shall be as follows: first Mondays in January,

Page 3035

March, May, July; second Monday in September; and first Monday in November, said terms shall be held in Lawrenceville in said county and such terms shall remain open for the transaction of business until the next succeeding term. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court. Section 3 . Said Act is further amended by striking in its entirety subsection (c) of Section 13 and inserting in lieu thereof a new subsection to read as follows: (c) The judge shall be paid a salary of $38,000.00 per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judge shall be an expense of said court. Said salary shall be increased by 3 percent on January 1, 1982, and by an additional 3 percent of the previous year's salary on January 1 of each year thereafter. Section 4 . Said Act is further amended by striking subsection (c) of Section 14 and inserting in its place a new subsection to read as follows: (c) The solicitor shall be paid an annual salary of $30,000.00, payable in equal monthly installments from Gwinnett County funds. The salary of the solicitor shall be an expense of the court. Said salary shall be increased by 3 percent on January 1, 1982, and by an additional 3 percent of the previous year's salary on January 1 of each year thereafter. Section 5 . Said Act is further amended by adding a new section, to be known as Section 14.1, to read as follows: Section 14.1. Assistant solicitor; appointment; qualifications; prohibition on practice of law. (a) The solicitor of the State Court of Gwinnett County may appoint as many assistant solicitors as there are state court judges, not including emeritus judges, who shall serve at the pleasure of the solicitor. (b) Any assistant solicitor employed by the solicitor shall be a member of the State Bar of Georgia admitted to practice before the appellate courts of this state and shall serve at the pleasure of the

Page 3036

solicitor and shall have such authority, powers, and duties as may be assigned by the solicitor. (c) The solicitor shall fix the salary to be paid any assistant solicitor, subject to approval of the Gwinnett County board of commissioners, and such salary shall be payable monthly out of the treasury of said county by the office of the county authorized to pay out such funds. The salary of said assistant solicitor shall be an expenses of said court. (d) Any assistant solicitor employed by the solicitor who is compensated in whole or in part by county funds shall not engage in the private practice of law. Section 6. Said Act is further amended by adding a new Section 14.2 to read as follows: Section 14.2. Chief assistant solicitor. (a) The solicitor may designate in writing an assistant solicitor as the chief assistant solicitor. In addition to the duties as an assistant solicitor, the chief assistant solicitor shall have such administrative and supervisory duties as may be assigned by the solicitor. (b) In the event of the absence or disability of the solicitor, the chief assistant solicitor shall have the same powers, duties, and responsibilities as the solicitor. (c) Upon the death or resignation of the solicitor, the chief assistant solicitor, or if there is no chief assistant solicitor then the assistant solicitor senior in time of service, shall perform the duties of the deceased or resigned solicitor in his name until his successor is appointed or elected and qualified. Section 7. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Page 3037

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 Session of the General Assembly of Georgia, a bill to amend an act continuing and recreating the State Court of Gwinnett County approved March 23, 1977 (Ga. Laws 1977, p. 3331), as amended, so as to change the compensation of the Judge of said court; and the terms of said court; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall who, on oath, deposes and says that he/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: December 17, 24, 31, 1980. /s/ Vinson Wall Representative, 61st District

Page 3038

Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981. GWINNETT COUNTY JUDGE'S TERM, SOLICITOR. No. 17 (House Bill No. 494). 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), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3437), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3539), so as to change the length of the term of the judge of the recorder's court; to provide for employment of a solicitor of that court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. Laws 1972, p. 3125), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3780), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3437), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3539), is hereby amended by striking from the second sentence of Section 5 of said Act the following:

Page 3039

one year, and inserting in lieu thereof the following: four years, so that when so amended, Section 5 of said Act shall read as follows: Section 5. Judge; Election; Term; Vacancies. The judge of said recorder's court shall be appointed by the senior Judge of the Superior Court of Gwinnett County and the Judge of the State Court of Gwinnett County, and the first judge so appointed shall serve for a term ending December 31, 1972, and until his successor is appointed and qualified. All judges appointed for terms following the first as hereinabove prescribed shall be appointed by said judges for terms of four years and until their successors are elected and qualified. All vacancies occurring in such office shall be filled in like manner, for the remainder of the unexpired term. Section 2. Said Act is further amended by adding thereto immediately following Section 6 a new section, to be designated Section 6A, to read as follows: Section 6A. Appointment of solicitor, duties, qualifications, and compensation. The judge of said court is hereby authorized to employ a solicitor on part-time basis, to serve at the pleasure of the judge. The solicitor shall interview, subpoena, witness, and produce evidence to the court. The solicitor shall be an active member of the State Bar of Georgia, shall have a minimum experience of 12 months in the general practice of law, and shall be at least 25 years of age. The solicitor's salary shall be fixed and paid by the board of commissioners of Gwinnett 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.

Page 3040

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1981, 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 change the term of office of the Judge of that Court, to Authorize Employment of a Solicitor of said Court; and for other purposes. /s/ John F. Lester JUDGE RECORDER'S COURT, GWINNETT COUNTY 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 9, 16, 23, 1981. /s/ Vinson Wall Representative, 61st District

Page 3041

Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 27, 1981. CAMDEN COUNTY SALARIES OF NAMED COUNTY OFFICERS. No. 26 (Senate Bill No. 354). AN ACT To amend an Act placing certain county officials of Camden County upon an annual salary, approved March 5, 1957 (Ga. Laws 1957, p. 2307), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3282), so as to authorize the Board of Commissioners of Camden County to supplement the salary of certain county officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain county officials of Camden County upon an annual salary, approved March 5, 1957 (Ga. Laws 1957, p. 2307), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3282), is hereby amended by adding immediately following subsection (b) of Section 6a of said Act a new subsection to read as follows:

Page 3042

(c) The Board of Commissioners of Camden County is authorized to supplement the salaries of the Sheriff, the Judge of the Probate Court, or the Clerk of the Superior Court of Camden County. Any supplement shall be in addition to the salary provided in Sections 2, 3, or 4 and subsections (a) and (b) of Section 6a of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 session of the General Assembly of Georgia a bill to amend an Act placing certain county officials of Camden County upon an annual salary, approved March 5, 1957 (Ga. Laws 1957, p. 2307), as amended; and for other purposes. This the 22 day of January, 1981. /s/ 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 Camden County Tribune which is the official organ of Camden County, on the following dates: January 22, 29, and February 5, 1981. /s/ Bill Littlefield Senator, 6th District

Page 3043

Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981. CAMDEN COUNTY TAX COMMISSIONER'S SALARY. No. 27 (Senate Bill No. 355). AN ACT To amend an Act creating the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. Laws 1970, p. 3278), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3285), so as to authorize the Board of Commissioners of Camden County to supplement the salary of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. Laws 1970, p. 3278), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3285), is hereby amended by adding immediately following subsection (c) of Section 3 of said Act a new subsection to read as follows: (d) The Board of Commissioners of Camden County is authorized to supplement the salary of the Tax Commissioner of Camden County. Any supplement shall be in addition to the salary provided in subsections (a), (b), and (c) of Section 3 of this Act.

Page 3044

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 1981 session of the General Assembly of Georgia a bill to amend an Act creating the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. Laws 1970, p. 3278), as amended; and for other purposes. This the 15th day of January, 1981. 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 Camden County Tribune which is the official organ of Camden County, on the following dates: January 15, 22, 29, 1981. /s/ Bill Littlefield Senator, 6th District

Page 3045

Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981. DAWSON COUNTY TAX COMMISSIONER'S COMPENSATION. No. 28 (House Bill No. 566). AN ACT To amend an Act creating the office of tax commissioner of Dawson County, approved February 11, 1943 (Ga. Laws 1943, p. 925), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3408), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Dawson County, approved February 11, 1943 (Ga. Laws 1943, p. 925), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3408), is hereby amended by striking in its entirety Section 7 thereof and inserting in lieu thereof a new Section 7 to read as follows:

Page 3046

Section 7. The tax commissioner of Dawson County shall receive an annual salary of $7,500.00, payable in equal monthly installments from the funds of Dawson County. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all taxes collected in excess of 90 percent of the total taxes due according to the tax net digest, including but not limited to such commissions on public utility taxes and on intangibles, except the intangible recording tax, and shall also be entitled to all the fees and commissions allowed tax commissioners as tag agents. All other commissions and fees due said tax commissioner for any and all taxes not hereinabove specifically mentioned shall be paid into the county treasury. Section 2. This Act shall become effective on July 31, 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 1981 session of the General Assembly of Georgia a bill to increase the annual salary of the Commissioner of Dawson County, the Clerk of the Superior Court of Dawson County, the Sheriff of Dawson County, the Tax Commissioner of Dawson County, the Probate Judge of Dawson County; and for other purposes. This the 19th day of January, 1981. Local 8th District Delegation. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. 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

Page 3047

Legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following dates: January 19, 26, and February 2, 1981. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981. DAWSON COUNTY COMMISSIONER'S COMPENSATION. No. 29 (House Bill No. 567). AN ACT To amend an Act creating the office of commissioner of Dawson County, approved February 5, 1952 (Ga. Laws 1952, p. 2068), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3405), so as to change the compensation of said commissioner; to provide for the purchase of an automobile; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3048

Section 1. An Act creating the office of commissioner of Dawson County, approved February 5, 1952 (Ga. Laws 1952, p. 2068), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3405), is hereby amended by striking from subsection (a) of Section 5 the following: $9,500, and inserting in lieu thereof the following: $16,000, by striking from said subsection (a) the following: 2 1/2%, and inserting in lieu thereof the following: 3%, by striking from subsection (b) thereof the following: a truck, and inserting in lieu thereof the following: an automobile, and by striking from subsection (b) thereof the following: said truck, and inserting in lieu thereof the following: said automobile, so that when so amended said Section 5 shall read as follows: Section 5. (a) The county commissioner of Dawson County shall devote his full time to the business and interest of said county in the performance and discharge of his duties, and shall receive as compensation the sum of $16,000 per annum. Said sum shall be increased by 3% on the 1st day of January of each year. This compensation shall

Page 3049

be paid in equal monthly installments out of the general funds of the county. (b) The county commissioner shall have and maintain an office for the transaction of business at the courthouse in Dawson County, provided there is an available room in said courthouse; otherwise at some convenient place near the courthouse. The office of said county commissioner shall remain open during the regular hours of business on all days except Sundays and holidays. The county commissioner is hereby authorized to purchase for the county, to be paid for from the general funds of the county, an automobile to be used by said county commissioner but only in the performance of his official duties. The county shall pay for the operation, upkeep and maintenance of said automobile. 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 1981 session of the General Assembly of Georgia a bill to increase the annual salary of the Commissioner of Dawson County, the Clerk of the Superior Court of Dawson County, the Sheriff of Dawson County, the Tax Commissioner of Dawson County, the Probate Judge of Dawson County; and for other purposes. This the 19th day of January, 1981. Local 8th District Delegation. Georgia, Fulton County.

Page 3050

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Hasty, Sr. who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following dates: January 19, 26, February 2, 1981. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 6th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981. DAWSON COUNTY SHERIFF'S COMPENSATION. No. 30 (House Bill No. 568). AN ACT To amend an Act placing the Sheriff of Dawson County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2258), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3527), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3051

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Dawson County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2258), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3527), is hereby amended by striking from Section 2 thereof the following: $12,000, and inserting in lieu thereof the following: $15,000, and by striking therefrom the following: 21/2%, and inserting in lieu thereof the following: 3%, so that when so amended said Section 2 shall read as follows: Section 2. The Sheriff of Dawson County shall receive a salary of $15,000 per annum, payable in equal monthly installments from the funds of Dawson County. Said sum shall be increased 3% on the 1st day of January of each year. 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 1981 session of the General Assembly of Georgia a bill to increase the annual salary of the Commissioner of Dawson County, the Clerk of the Superior Court of Dawson County, the Sheriff of Dawson County,

Page 3052

the Tax Commissioner of Dawson County, the Probate Judge of Dawson County; and for other purposes. This the 19th day of January, 1981. Local 8th District Delegation. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Hasty, Sr. who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following dates: January 19,26,February 2, 1981. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 6th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981.

Page 3053

DAWSON COUNTY COMPENSATION OF CLERK OF SUPERIOR COURT AND PROBATE COURT JUDGE. No. 31 (House Bill No. 569). AN ACT To amend an Act placing the Clerk of the Superior Court of Dawson County and the Judge of the Probate Court of Dawson County upon an annual salary, approved February 27, 1969 (Ga. Laws 1969, p. 2110), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2433) and an Act approved March 7, 1978 (Ga. Laws 1978, p. 3078), so as to change the compensation of said clerk and 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 of Dawson County and the Judge of the Probate Court of Dawson County upon an annual salary, approved February 27, 1969 (Ga. Laws 1969, p. 2110), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2433) and an Act approved March 7, 1978 (Ga. Laws 1978, p. 3078), is hereby amended by striking from Section 2 thereof the following: $5,500.00, and inserting in lieu thereof the following: $12,500.00, and by adding at the end thereof the following: Said sum shall be increased 3 percent on the first day of January of each year., so that when so amended said Section 2 shall read as follows: Section 2. The clerk of the superior court shall receive an annual salary of $12,500.00, payable in equal monthly installments from the funds of Dawson County. Said sum shall be increased 3 percent on the first day of January of each year.

Page 3054

Section 2. Said Act is further amended by designating the second paragraph of Section 3 as Section 3A and by striking in its entirety the first paragraph of Section 3 which reads as follows: Section 3. The Judge of the Probate Court shall receive an annual salary of $6,000.00 payable in equal monthly installments from the funds of Dawson County., and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The Judge of the Probate Court shall receive an annual salary of $10,200.00 and in addition shall receive $600.00 per year for holding and conducting elections and $1,200.00 per year for being responsible for traffic cases under any general or local law. Said compensation shall be payable in equal monthly installments from the funds of Dawson County and shall be increased 3 percent on he first day of January of each year. 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 1981 session of the General Assembly of Georgia a bill to increase the annual salary of the Commissioner of Dawson County, the Clerk of the Superior Court of Dawson County, the Sheriff of Dawson County, the Tax Commissioner of Dawson County, the Probate Judge of Dawson County; and for other purposes. This the 19th day of January, 1981. Local 8th District Delegation.

Page 3055

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Hasty, Sr. who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following dates: January 19, 26, February 2, 1981. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 6th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981. BUTTS COUNTY SHERIFF'S COMPENSATION. No. 32 (House Bill No. 617). AN ACT To amend an Act placing the Sheriff of Butts County upon an annual salary in lieu of the fee system of compensation, approved January 27, 1961 (Ga. Laws 1961, p. 2022), as amended, so as to

Page 3056

change the compensation for such officer; to provide for a supplement; to provide 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 Butts County upon an annual salary in lieu of the fee system of compensation, approved January 27, 1961 (Ga. Laws 1961, p. 2022), as amended, is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof the following: Section 1. (a) The present method of compensation for the Sheriff of Butts County, Georgia, is hereby changed from the fee system to the salary system and the Sheriff of Butts County shall hereafter be paid on a salary basis. (b) (1) The sheriff shall receive an annual base salary of $18,500.00 payable in equal monthly installments from the funds of Butts County. (2) In addition to the base salary provided for in paragraph (1), such officer shall receive a supplemental salary which shall be an amount equal to 2 percent of the base salary multiplied by the number of years such officer has been in office. (3) In no event shall the base salary and the supplemental salary, when combined, exceed $25,000.00 per annum. (c) In addition to the salary provided in subsection (b), the sheriff shall receive a contingent expense allowance of $600.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Butts County. Such salary and contingent expense allowance shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the Sheriff of Butts County after the effective date of this Act and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of Butts County or for any department or official of the State of Georgia.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to a Resolution adopted by the Board of Commissioners of Butts County on January 9, 1981, notice is hereby given that there will be introduced in the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Butts County upon an annual salary, approved January 27, 1961 (Ga. Laws 1961, p. 2022), as amended; and for other purposes. This the 19th day of January, 1981. Bill Jones Representative, 78th District Janice Horton Senator, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Bailey Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 21, 28, and February 4, 1981. /s/ W. B. Jones Representative, 78th District

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Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981. BUTTS COUNTY COMPENSATION OF CLERK OF SUPERIOR COURT. No. 33 (House Bill No. 618). AN ACT To amend an Act abolishing the present method of compensating the Clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. Laws 1979, p. 4162), so as to change the compensation for said officer; to provide for a supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present method of compensating the Clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. Laws 1979, p. 4162), is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof the following: Section 2. (a) The clerk of the superior court shall receive an annual base salary of $18,500.00 payable in equal monthly installments from the funds of Butts County.

Page 3059

(b) In addition to the base salary provided in subsection (a), such officer shall receive a supplemental salary which shall be an amount equal to 2 percent of the base salary multiplied by the number of years such officer has been in office. The supplemental salary shall be payable in equal monthly installments from the funds of Butts County. (c) In no event shall the base salary and the supplemental salary, when combined, exceed $25,000.00 per annum. 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. Pursuant to a Resolution adopted by the Board of Commissioners of Butts County on January 9, 1981, notice is hereby given that there will be introduced in the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Clerk of the Superior Court of Butts County upon an annual salary, approved April 11, 1979 (Ga. Laws 1979, p. 4162); and for other purposes. This 19th day of January, 1981. Bill Jones Representative, 78th District Janice Horton Senator, 17th District Georgia, Fulton County.

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Bailey Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 21, 28, and February 4, 1981. /s/ W. B. Jones Representative, 78th District Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981. BUTTS COUNTY TAX COMMISSIONER'S SALARY. No. 34 (House Bill No. 620). AN ACT To amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary for said officer, approved April 11, 1979 (Ga. Laws 1979, p. 4159), so as to change the compensation for said officer; to provide for a supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3061

Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary for said officer, approved April 11, 1979 (Ga. Laws 1979, p. 4159), is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof the following: Section 1. (a) The present method of compensating the Tax Commissioner of Butts County is hereby abolished. Said officer shall receive for his services as such an annual base salary of $18,500.00 payable in equal monthly installments from the funds of Butts County. (b) In addition to the base salary provided in subsection (a), such officer shall receive a supplemental salary which shall be an amount equal to 2 percent of the base salary multiplied by the number of years such officer has been in office. The supplemental salary shall be payable in equal monthly installments from the funds of Butts County. (c) In no event shall the base salary and the supplemental salary, when combined, exceed $25,000.00 per annum. Section 2. 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. Pursuant to a Resolution adopted by the Board of Commissioners of Butts County on January 9, 1981, notice is hereby given that there will be introduced in the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Tax Commissioner of Butts County upon an annual salary, approved April 11, 1979 (Ga. Laws 1979, p. 4159); and for other purposes.

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This the 19th day of January, 1981. Bill Jones Representative, 78th District Janice Horton Senator, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Bailey Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 21, 28, and February 4, 1981. /s/ W. B. Jones Representative, 78th District Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981.

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BUTTS COUNTY SALARY OF JUDGE OF PROBATE COURT. No. 35 (House Bill No. 621). AN ACT To amend an Act placing the Judge of the Probate Court of Butts County upon an annual salary, approved January 27, 1961 (Ga. Laws 1961, p. 2018), as amended, so as to change the compensation for said officer; to provide for a supplement; to provide 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 Butts County upon an annual salary, approved January 27, 1961 (Ga. Laws 1961, p. 2018), as amended, is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof the following: Section 2. (a) The judge of the probate court shall receive an annual base salary of $18,500.00 payable in equal monthly installments from the funds of Butts County. (b) In addition to the base salary provided in subsection (a), such officer shall receive a supplemental salary which shall be an amount equal to 2 percent of the base salary multiplied by the number of years such officer has been in office. The supplemental salary shall be paid in equal monthly installments from the funds of Butts County. (c) In no event shall the base salary and the supplemental salary, when combined, exceed $25,000.00 per annum. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Pursuant to a Resolution adopted by the Board of Commissioners of Butts County on January 9, 1981, notice is hereby given that there will be introduced in the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Judge of the Probate Court of Butts County upon an annual salary, approved January 27, 1961 (Ga. Laws 1961, p. 2018), as amended; and for other purposes. This the 19th day of January, 1981. Bill Jones Representative, 78th District Janice Horton Senator, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Bailey Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 21, 28, and February 4, 1981. /s/ W. B. Jones Representative, 78th District

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Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981. ATHENS-CLARKE COUNTY CHARTER COMMISSION. No. 37 (House Bill No. 721). AN ACT To create the Athens-Clarke County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of the charter commission; to provide for the organizational meeting of the charter commission and for the election of a permanent chairman; to provide for the powers and duties of the charter commission; to provide that the charter commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter commission and for the payment of those expenses by the governing authorities of the City of Athens and of Clarke County; to provide that the charter commission shall be authorized to study all matters relating to the governments of the City of Athens and of Clarke County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Clarke County; to provide for the powers of the charter commission relating to drafting a proposed county-wide government charter; to provide for a budget for the new county-wide government; to provide for the submission of such proposed county-wide government charter

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to the qualified voters of Clarke County for approval or rejection; to provide the manner in which such charter shall be submitted to those voters; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and matters connected with the foregoing; to provide for severability; to repeal specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Athens-Clarke County Charter Commission Act. This Act is pursuant to the authority granted by an amendment to the Constitution of the State of Georgia proposed by a resolution of the General Assembly, approved March 4, 1966 (Ga. Laws 1966, p. 1050), and ratified at the November general election on November 8, 1966. Section 2. As used in this Act the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise: (1) Charter commission or commission shall mean the Athens-Clarke County Charter Commission provided for in this Act. (2) Governing authority of Clarke County shall mean the board of commissioners of Clarke County. (3) Governing authority of the City of Athens shall mean the mayor and council of the City of Athens. Section 3. (a) There is hereby created the Athens-Clarke County Charter Commission, which shall consist of 16 members to be appointed as hereinafter provided. The mayor of the City of Athens and the chairman of the board of commissioners of Clarke County shall serve on the charter commission ex officio. The governing authority of the City of Athens shall appoint seven members to the charter commission with two of those members to be members of the mayor and council of the City of Athens and five of those members to be citizens at large. The governing authority of Clarke County shall appoint seven members to the charter commission with two of those members to be members of the board of commissioners and five of those members to be citizens at large. None of the members who are citizens at large shall hold elected or appointed public office.

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(b) The members of the charter commission shall be representative of the entire community of Athens and Clarke County and may reside anywhere within the territorial limits of Clarke County. If a member of the charter commission becomes unable to serve for any reason, the governing authority that appointed that member shall appoint a successor promptly. Except for the election of a permanent chairman, as provided in subsection (a) of Section 4, nine members of the charter commission shall constitute a quorum for the transaction of business. Section 4. (a) The charter commission shall hold an organizational meeting within 21 days after this Act becomes effective. The mayor of the City of Athens and the chairman of the board of commissioners of Clarke County shall call the organizational meeting and shall designate one of the members of the charter commission as temporary chairman for the purpose of presiding at the organizational meeting. The first order of business at the organizational meeting shall be the election of a permanent chairman who shall be elected by majority vote of all members of the charter commission. In calling the organizational meeting, the mayor of the City of Athens and the chairman of the board of commissioners of Clarke County shall designate the date, time, and place that the organizational meeting shall be held. (b) After organization and election of a permanent chairman, the charter commission shall be authorized to elect a secretary who need not be a member and such other officers from the charter commission as it shall deem necessary. The charter commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Athens and Clarke County and in drafting a charter. The charter commission shall not employ any person to assist it who holds any elective public office. (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. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Athens and the governing authority of Clarke 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 the governing authorities shall initially

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appropriate not less than $5,000.00 for the charter commission and the treasurer or other fiscal authority of each of those governing authorities shall honor vouchers or warrants signed by the chairman of the charter commission. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter commission. Such additional expenditures shall be first approved by both 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, except for information that is confidential or privileged by law. Section 5 . The commission shall be authorized to study all matters relating to the governments of the City of Athens and Clarke County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Clarke County. The charter commission shall draft a charter creating a single county-wide government, which government may supersede and replace the existing governments of the City of Athens and Clarke County and may also supersede and replace any public authorities and special service districts located and operating within Clarke County. Section 6 . (a) The charter so drafted shall be submitted to the qualified voters of Athens and Clarke County as hereinafter provided. (b) The General Assembly hereby delegates its powers to the charter commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, of the matters listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory. (1) The charter shall provide for the abolishment of the existing governments of the City of Athens and Clarke County and for the creation of a new single government having all powers formerly exercised by the City of Athens and Clarke County and such other powers as may be necessary or desirable. The new single government may be given such rights, powers, duties, and liabilities as are now or hereafter vested in municipalities or counties, or both, or combinations thereof, by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide.

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(2) The charter may authorize the new government to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent as any municipality or county of the State of Georgia. (3) The charter may provide for the abolishment of any courts presently existing in the City of Athens and Clarke County, except the superior court and probate court, and for the creation of one or more new courts having jurisdiction and powers of the former courts. (4) The charter may provide for the abolishment of any public authorities and special service districts located within Clarke County, however created, and for the transfer of all powers, duties, and obligations of such authorities and districts to the new county-wide government. (5) The charter may provide for the abolishment of any one or more public offices, including coroner, county surveyor, or positions of public employment of the City of Athens and Clarke County. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter commission shall deem necessary for the efficient functioning of the new county-wide government. (6) The charter shall provide for the creation of the governing authority of the new single county-wide government, including the number of members of the governing authority and their powers, duties, terms of office, manner and time of election or appointment, compensation, and method of removal. The charter shall provide for the name or names of the new county-wide government and governing authority. (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and all other matters necessary or incidental thereto. (8) The charter shall provide for the creation and selection of a personnel board of five members and provide for their duties and terms of office. It shall also be mandatory for the charter to

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provide for a merit system of personnel administration for the employees of the county-wide governing authority. The provisions and rules of the merit system shall be established by the adoption of an ordinance by the new county-wide governing authority. (9) The charter may provide for the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by the new county-wide government in accordance with the kind, character, type, and degree of services provided by the government within those taxing districts. The rate and manner of taxation may vary in any one district from that in another or other districts. The charter may provide that the powers, authority, duties, liabilities, and functions of the new governing authority may vary from district to district. The charter shall provide that any taxing districts established shall reflect the services received and that the governing authority of the new county-wide government shall continue to revise districts as conditions may require in its judgment. (10) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are consolidated by the charter and may provide a method by which the new county-wide government shall assume the payment of any obligations issued under the Revenue Bond Law or other similar legislation. (11) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which have consolidated or merged with the new county-wide government. (12) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such new county-wide government or any agency thereof. (13) The charter shall provide that it may be amended by the General Assembly; and the General Assembly hereby expressly reserves the right to amend by local law any charter adopted pursuant to this Act. The charter may provide for an

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additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws. The charter shall provide for the repeal of conflicting laws. (14) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Athens and Clarke County and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter commission and any successor county-wide government created by a charter drafted by the commission: (1) The charter commission is authorized to contract with any public or private institution or body for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to it by the respective governing authorities. (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Athens and Clarke County and any authorities or special services districts merged into the new government. (3) The charter commission shall develop a budget for the first year of operation of the new county-wide government that shall not exceed the total of the budget of the City of Athens for its fiscal year 1981 and the budget of Clarke County for its fiscal year 1982, plus the amount of 10 percent of the total of those budgets as an allowance for the increased costs of goods and services due to inflation. A copy of this budget shall be attached to and incorporated in the proposed charter. If the charter is approved, any expenditure by the new government during its first fiscal year in excess of said budget shall be unlawful. (d) Neither this Act or the charter shall be construed to limit or remove the existing power of the General Assembly to abolish or modify the form of any municipality in Clarke County:

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Section 7. The charter commission shall be required to hold at least four public hearings to determine the sentiment of the citizens of Athens and Clarke County regarding the work of the charter commission. The charter commission shall cause the date, time, and place of such hearings to be advertised in the official organ of Clarke County once a week for the two weeks immediately preceding the week during which the public hearings are held. The charter commission shall be authorized to hold more than four public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided herein. Section 8. (a) The charter commission shall complete its studies and shall prepare, complete, and file the charter within six months after the date of its initial meeting. However, the above-described time period may be extended for such additional periods of time as may be provided by resolutions duly adopted by the governing authorities of the City of Athens and the governing authority of Clarke County. (b) Certified copies of the charter shall be filed by the charter commission with the clerks of the governing authorities of the City of Athens and Clarke County and shall be authenticated by the signature of the chairman of the charter commission. Those copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter commission shall also make available a copy of the charter to every daily or weekly newspaper published in Clarke County and to each radio station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter commission shall also cause summaries of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter commission is hereby authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. Section 9. (a) certified copy of the proposed charter shall be submitted to the Clarke County Board of Elections; and it shall be the duty of that board to call and hold a special referendum election for

Page 3073

ratification or rejection of the proposed charter as provided in Section 10. (b) The charter commission shall be abolished by a resolution being duly adopted by the governing authorities of the City of Athens and Clarke County. Section 10. (a) Not less than 30 days nor more than 90 days after receipt of the certified copy of the proposed charter, it shall be the duty of the Clarke County Board of Elections to call a special election for approval or rejection of the proposed charter. The board shall set the date of the election for a day not less than 30 days nor more than 60 days after the issuance of the call. The board shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Clarke County. The ballot shall have written or printed thereon the following: [] YES [] NO Shall the charter consolidating the governments of the City of Athens and Clarke County and creating a single county-wide government to supersede and replace those governments be approved? (b) All persons desiring to vote for approval of the charter shall vote YES, and those persons desiring to vote for rejection of the charter shall vote NO. The votes cast on such question by the qualified voters of Clarke County residing within the corporate limits of the City of Athens and the votes cast on such question by the qualified voters of Clarke County residing outside the corporate limits of the City of Athens shall be counted separately. If more than one half of the votes cast by the qualified voters of Clarke County residing within the corporate limits of the City of Athens are for approval of the charter and if more than one half of the votes cast by the qualified voters of Clarke County residing outside the corporate limits of the City of Athens are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Athens and Clarke County. (c) The special election shall be conducted pursuant to the Georgia Election Code, except to the extent specifically provided otherwise by this Act.

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(d) A qualified voter, as used herein, shall mean a voter of Clarke County qualified to vote for members of the General Assembly of Georgia. However, any voter who resides within the corporate limits of the City of Athens and who is qualified to vote in city elections shall also be a qualified voter for the purpose of voting at the election provided for in this section. The board shall certify the returns to the Secretary of State. The board shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Athens who shall attach the same to the copy of the charter previously certified to him. One copy of the proclamation shall be delivered to the clerk of the governing authority of Clarke County who shall attach the same to the copy of the charter previously certified to him. (e) Whenever a charter for the consolidation of the governments of the City of Athens and Clarke County has been adopted, the above certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Athens and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Clarke County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is hereby authorized to issue certified copies of the charter on file with him, and copies so certified by him shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. Section 11. In the event the proposed single county-wide government charter is approved by voters as provided in Section 10, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county-wide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of

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Athens and Clarke County shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government. Section 12. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 13. The Acts creating Athens-Clarke County Charter Commissions, approved March 14, 1967 (Ga. Laws 1967, p. 2102), and March 12, 1971 (Ga. Laws 1971, p. 2042), are hereby repealed in their entirety. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced at the 1981 Session of the General Assembly of Georgia, as authorized by a constitutional amendment proposed by a resolution of the General Assembly of Georgia, approved March 4, 1966 (Ga. Laws 1966, p. 1050) and ratified on November 8, 1966, to create an Athens-Clarke County Charter Commission to study all matters relating to the consolidation of the governments of the City of Athens, Georgia and of Clarke County, Georgia; to provide for the drafting of a proposed charter by that commission for the establishment of a single consolidated government; to provide for all matters pertaining to that commission, to that charter and to consolidation; to provide for all other matters authorized in the constitutional amendment referred to above; and for other purposes.

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This 15th day of January, 1981. Mayor and Council of the City of Athens, Georgia Board of Commissioners of Clarke County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Argo who, on oath, deposes and says that he/she is Representative from the 63rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following dates: January 15, 22, 29, 1981. /s/ Bob Argo Representative, 63rd District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981.

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STATE COURT OF BULLOCH COUNTYTERMS OF COURT. No. 39 (House Bill No. 624). 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 March 21, 1958 (Ga. Laws 1958, p. 2750), so as to change the terms 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 Bulloch County, approved August 10, 1903 (Ga. Laws 1903, p. 153), as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 2750), is hereby amended by striking in its entirety Section 11 of said Act which reads as follows: Section 11. Be it further enacted by the authority aforesaid; That the terms of said city court shall be monthly for the trial and disposition of criminal business and all civil business of whatever amount. The time for holding said court shall be on the second Monday in each month. The terms of such court shall be held at the court house in the City of Statesboro in said County of Bulloch, and shall last until the business is disposed of, unless sooner adjourned for good cause. Juries shall be drawn as hereinafter directed for the terms of said court held in January, April, July and October, and at such other times as may be necessary. The judge of said city court shall, in his discretion, hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interests of the State, and accused, and may also hold adjourned terms for the regular terms of said city court, for which he may draw new juries or require the attendance of the same as in his sound legal discretion may seem best. Said city court judge may also in his discretion set cases for trial at convenient times, and the same may be tried as of the terms, whether court has been held from day to day until said time or not. Said City Court of Statesboro shall be operated under the same rules of pleading, practice and procedure as are applicable to the Superior Courts of this State.,

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and substituting in lieu thereof the following: Section 11. Be it further enacted by the authority aforesaid, that the terms of said state court shall be monthly for the trial and disposition of criminal business and all civil business of whatever amount. The time for holding said court shall be on the third Monday in each month. The terms of such court shall be held at the courthouse in the City of Statesboro in said County of Bulloch, and shall last until the business is disposed of, unless sooner adjourned for good cause. Juries shall be drawn as hereinafter directed for the terms of said court held in January, April, July and October, and at such other times as may be necessary. The judge of said court shall, in his discretion, hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interests of the State, and accused, and may also hold adjourned terms for the regular terms of said state court, for which he may draw new juries or require the attendance of the same as in his sound legal discretion may seem best. Said state court judge may also in his discretion set cases for trial at convenient times, and the same may be tried as of the terms, whether court has been held from day to day until said time or not. The State Court of Bulloch County shall be operated under the same rules of pleading, practice and procedure as are applicable to the Superior Courts of this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 regular session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. Laws 1903, p. 153), as amended, so as to change the terms of said court; and for other purposes. This 31st day of December, 1980.

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Francis W. Allen, Judge State Court of Bulloch County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob 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 3, January 10, and January 17, 1981. /s/ Bob Lane Representative, 81st District Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 9, 1981.

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SCREVEN COUNTYSALARY OF CLERK OF SUPERIOR COURT, ASSISTANTS. No. 40 (House Bill No. 635). AN ACT To amend an Act providing for a salary for the clerk of the Superior Court of Screven County in lieu of the fee system, approved February 10, 1960 (Ga. Laws 1960, p. 2048), so as to change the compensation of said clerk; 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 providing for a salary for the clerk of the Superior Court of Screven County in lieu of the fee system, approved February 10, 1960 (Ga. Laws 1960, p. 2048), is hereby amended by striking Sections 2 and 3 in their entirety and substituting in lieu thereof new Sections 2 and 3 to read as follows: Section 2. The clerk of the Superior Court of Screven County shall receive an annual salary of $16,000.00 to be paid in equal monthly installments from the funds of Screven County. Section 3. (a) The clerk of the Superior Court of Screven County shall have the authority to appoint such deputies, clerks, assistants, and other personnel as the clerk deems necessary to discharge the official duties of the clerk's office efficiently and effectively. The clerk shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the clerk's 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 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 the clerk's sole discretion.

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(b) The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Screven County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981, session of the General Assembly of Georgia, a bill to increase the salary of the Clerk Superior Court of Screven County, Georgia. Result of Resolution from Screven County Board of Commissioners. This 5th day of January, 1981. /s/ Bob Lane /s/ John F. Godbee Representatives, Districts 81 and 82 respectively Georgia, Fulton County.

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvania Telephone which is the official organ of Screven County, on the following dates: January 8, 15 and 22, 1981. /s/ Robert E. Lane Representative, 81st District Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 9, 1981. HABERSHAM COUNTY CORONER'S COMPENSATION. No. 41 (House Bill No. 704). AN ACT To amend an Act placing the coroner of Habersham County on an annual salary, approved April 17, 1973 (Ga. Laws 1973, p. 3150), as amended, so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the coroner of Habersham County on an annual salary, approved April 17, 1973 (Ga. Laws 1973, p. 3150), as amended, is hereby amended by striking from Section 2 the figure $1,200.00 and inserting in its place the figure $3,000.00 so that when so amended Section 2 shall read as follows: Section 2. The coroner shall receive an annual salary of $3,000.00, payable in equal monthly installments from the funds of Habersham County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the 1981 session of the Georgia General Assembly a bill to increase the salary of the Habersham County Coroner. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Dover who, on oath, deposes and says that he/she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: January 8, 15, 22, 1981. /s/ William Dover Representative, 11th District

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Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 9, 1981. STATE COURT OF HABERSHAM COUNTY SOLICITOR'S SECRETARY. No. 42 (House Bill No. 705). AN ACT To amend an Act entitled An Act to provide for a secretary for the Solicitor of the State Court of Habersham County; to fix the compensation for such secretary and provide for payment of same; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 13, 1973 (Ga. Laws 1973, p. 2709), as amended by an Act approved 31, 1976 (Ga. Laws 1976, p. 3654), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3608), and an Act approved February 23, 1979 (Ga. Laws 1979, p. 3029), so as to change the compensation of the secretary of the solicitor of the State Court of Habersham County; to provide for a minimum of said compensation; to provide that said compensation be fixed and approved by said solicitor with the board of commissioners of roads and revenue for Habersham County to have authority to disallow any part or all of such compensation in excess of said minimum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act entitled An Act to provide for a secretary for the Solicitor of the State Court of Habersham County; to fix the compensation for such secretary and provide for payment of same; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 13, 1973 (Ga. Laws 1973, p. 2709), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3654), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3608), and an Act approved February 23, 1979 (Ga. Laws 1979, p. 3029), is hereby amended by striking the first sentence from Section 1 of said Act and substituting in lieu thereof the following sentence: The solicitor of the State Court of Habersham County shall be authorized to employ a secretary at a salary of not less than $400.00 per month, to be fixed and approved by the said solicitor and to be paid monthly from the funds in the county treasury, provided that that part of any salary in excess of $400.00 per month which may be fixed and approved by the solicitor to be paid to said secretary may be disallowed in whole or in part by the board of commissioners of roads and revenue for Habersham County., so that when so amended Section 1 shall read as follows: Section 1. The solicitor of the State Court of Habersham County shall be authorized to employ a secretary at a salary of not less than $400.00 per month, to be fixed and approved by the said solicitor and to be paid monthly from the funds in the county treasury, provided that that part of any salary in excess of $400.00 per month which may be fixed and approved by the solicitor to be paid to said secretary may be disallowed in whole or in part by the board of commissioners of roads and revenue for Habersham County. Said solicitor shall have the sole right to select the secretaries employed hereunder, who shall serve at the pleasure of said solicitor, and who shall perform such duties and services as prescribed by the solicitor. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act providing for a secretary for the Solicitor of the State Court of Habersham County approved April 13, 1973 (Ga. Laws 1973, p. 2709), as amended, relative to compensation for the Secretary of the Solicitor of said court; to repeal conflicting laws; and for other purposes. Georgia, Habersham County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amilee C. Graves, who, on oath, deposes and says that she is Publisher of the Tri-County Advertiser, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: January 8, 15, and 22, 1981. /s/ Amilee C. Graves Publisher Tri-County Advertiser Sworn to and subscribed before me, this 22nd day of January, 1981. /s/ Linda M. Freeman Notary Public. (Seal). Approved March 9, 1981.

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STATE COURT OF HABERSHAM COUNTY COMPENSATION OF JUDGE AND SOLICITOR. No. 43 (House Bill No. 706). AN ACT To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), and an Act approved February 23, 1979 (Ga. L. 1979, p. 3025), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County) approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), and an Act approved February 23, 1979 (Ga. L. 1979, p. 3025), is hereby amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said State Court, who shall be appointed and commissioned by the Governor, by and with the consent and advise of

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the Senate, who shall hold his office until December 31, 1944, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said State Court shall hold his office by virtue of an election by the qualified voters of Habersham County, and shall hold his office for a term of four years, beginning on the first day of January, 1945. At the regular election of county officers of Habersham County, in the year 1944 there shall be elected by the qualified voters of said County of Habersham a judge of said State Court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said State Court shall receive an annual salary of fourteen thousand dollars payable in equal monthly installments from the funds of Habersham County. Said salary shall be paid by the Judge of the Probate Court or other person or persons who are now or may hereafter be charged by law with the paying out of the money of Habersham County. The judge of the State Court shall be furnished an office in the courthouse as other county officers, and it shall be the duty of the governing authority of said county to make provision annually in levying taxes for this purpose. The said judge of the State Court shall receive no other compensation. He shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Georgia. Section 2. Said Act is further amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14, to read as follows: Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said State Court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the 31st day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the superior court, and his fees for all other services rendered shall be the same as are those of a District Attorney in the superior court; but all such fees shall be paid

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into the county treasury by the said solicitor as collected, and in lieu thereof he shall receive an annual salary of fourteen thousand dollars payable in equal monthly installments from the funds of Habersham County. Said salary shall be paid by the Judge of the Probate Court or other person or persons who are now or may hereafter be charged by law with the paying out of the money of Habersham County. The said solicitor shall receive no other fees or compensation for his services. He shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Habersham County, Georgia. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend the Act creating the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, relative to compensation for the Judge and Solicitor of said court; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Dover who, on oath, deposes and says that he/she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 25, 1980, January 1, 8, 1981.

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/s/ William Dover Representative, 11th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 9, 1981. ACT CREATING BOARDS OF ELECTIONS IN CERTAIN COUNTIES AMENDED (11,340-11,390). No. 46 (House Bill No. 520). AN ACT To amend an Act providing for a board of elections in certain counties, approved February 1, 1980 (Ga. Laws 1980, p. 3003), so as to transfer the powers and duties of the board of registrars in such counties to the board of elections; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a board of elections in certain counties, approved February 1, 1980 (Ga. Laws 1980, p. 3003), is hereby amended by adding after the phrase primaries and elections in Section 1 of said Act the following:

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and over the registration of electors, so that when so amended Section 1 of said Act shall read as follows: 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 and over the registration of electors in such county. Section 2. Said Act is further amended by adding at the end of Section 8 a new subsection, to be designated subsection (c), to read as follows: (c) With regard to the registration of electors, succeed to all the powers and duties granted to the board of registrars by Code Title 34, known as the `Georgia Election Code,' as now or hereafter amended., so that when so amended Section 8 of said Act shall read as follows: 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. (c) With regard to the registration of electors, succeed to all the powers and duties granted to the board of registrars by Code Title 34, known as the `Georgia Election Code,' as now or hereafter amended. Section 3. Said Act is further amended by adding a new section following Section 10, to be designated Section 10A, to read as follows: Section 10A. The board of registrars shall be relieved of all powers and duties to which the board of elections succeeds by the

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provisions of this Act and shall deliver to the chairman of the board of elections, 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 4. This Act shall become effective July 1, 1981. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1981. FAYETTE COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 47 (House Bill No. 607). 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, so as to change the fees for filing actions therein; 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, 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 plaintiff, when he files his claim, shall deposit with the court the sum of $12.00, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, that the cost for filing a claim in all cases in which the demand or

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value of property involved exceeds $1,000.00 shall be $15.00; provided, further, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant shall be $15.00; and provided further, that in any other matters not mentioned specifically or provided for herein the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $12.00, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court and, unless the claimant, at the time he files his claim affidavit, makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court, and the judge shall be entitled to $12.00 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding. Section 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 1981 session of the General Assembly of Georgia a local act amending an act creating and establishing the Small Claims Court of Fayette County to change the fees for filing actions therein, to repeal conflicting laws and for other purposes. Georgia, Fayette County. This is to certify that a Notice of Intention to Introduce Local Legislation re: an act or acts to: amending an act creating Small Claims Court of Fayette County to change the fees for filing actions therein, to repeal conflicting laws and for other purposes, as shown in attached newspaper cutting, was published in The Fayette County News January 14, 21, 28, February 4, 1981. /s/ Q. Melton, III Publisher Sworn to and subscribed before me, this 6th day of February, 1981. /s/ Helen S. Teague Notary Public. (Seal). Approved March 11, 1981.

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BALDWIN COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 50 (Senate Bill No. 128). AN ACT To amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. Laws 1967, p. 2006), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2788), so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. Laws 1967, p. 2006), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2788), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. After the effective date of this Act, the present method of compensating the judge of the Probate Court of Baldwin County, known as the fee system, is hereby abolished; and, in lieu thereof, the judge of the probate court shall receive an annual salary as provided in this section. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites heretofore allowed as compensation to the judge of the probate court, regardless of in what capacity services were rendered. The judge of the probate court shall receive an annual salary of $21,900.00, payable in equal monthly installments from the funds of Baldwin 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 1981 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. Laws 1967, p. 2006), as amended; and for other purposes. This 22 day of Dec., 1980. Culver Kidd Senator, 25th District State of Georgia County of Baldwin 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: Notice to introduce local legislation Probate Judge Salary was inserted in space of legal advertisement as follows: December 26; January 2, 9. /s/ Roger W. Coover, Publisher

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Subscribed and sworn before me, this 9th day of January, 1981. /s/ Nancy D. Veal Notary Public. My Commission expires August 15, 1982. Approved March 16, 1981. BALDWIN COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 51 (Senate Bill No. 129). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, approved March 21, 1975 (Ga. Laws 1975, p. 2774), so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, approved March 21, 1975 (Ga. Laws 1975, p. 2774), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The tax commissioner of Baldwin County shall receive an annual salary of $21,900.00, payable in equal monthly installments from the funds of Baldwin County.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, approved March 21, 1975 (Ga. Laws 1975, p. 2774), as amended; and for other purposes. This 22 day of Dec., 1980. Culver Kidd Senator, 25th District State of Georgia County of Baldwin 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: Notice to introduce Local legislation Offices of tax receiver and tax collector was inserted in space of legal advertisement as follows: December 26; January 2, 9. /s/ Roger W. Coover, Publisher

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Subscribed and sworn before me, this 9th day of January, 1981. /s/ Nancy D. Veal Notary Public. My Commission expires August 15, 1982. Approved March 16, 1981. BALDWIN COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 52 (Senate Bill No. 130). AN ACT To amend an Act placing the clerk of the Superior Court of Baldwin County on an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3317), so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court of Baldwin County on an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3317), is hereby amended by striking Section 2 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 Baldwin County shall receive an annual salary of $21,900.00, payable in equal monthly installments from the funds of Baldwin County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court of Baldwin County on an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3317), as amended; and for other purposes. This 22 day of Dec., 1980. Culver Kidd Senator, 25th District State of Georgia County of Baldwin 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: Notice to introduce local legislation Clerk Superior Court was inserted in space of legal advertisement as follows: December 26; January 2, 9. /s/ Roger W. Coover, Publisher

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Subscribed and sworn before me, this 9th day of January, 1981. /s/ Nancy D. Veal Notary Public. My Commission expires August 15, 1982. Approved March 16, 1981. SAVANNAH TRANSIT AUTHORITYMEMBERS. No. 53 (Senate Bill No. 376). AN ACT To amend an Act providing for the creation of the Savannah Transit Authority, approved March 17, 1960 (Ga. Laws 1960, p. 2620), as amended, so as to provide for appointment of members of the authority and their terms of office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the creation of the Savannah Transit Authority, approved March 17, 1960 (Ga. Laws 1960, p. 2620), as amended, is hereby amended by striking Section 3-4 in its entirety and inserting in lieu thereof a new Section 3-4 to read as follows: Section 3-4. The authority is composed of five members. Each member now serving shall serve for the term for which he is appointed and until his successor has been appointed and qualified. Members shall be eligible for reappointment. Beginning with the first appointment made due to expiration of a member's term, successors shall be

Page 3102

appointed by the mayor and confirmed by the city council of the City of Savannah to serve for terms of five years. Vacancies by resignation, or for other cause, shall be filled in the same manner by appointment for the unexpired term. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to amend the act creating the Savannah Transit Authority Ga. Laws 1960, Page 2620, as amended and for other purposes. James B. Blackburn, City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Coleman who, on oath, deposes and says that he/she is Senator from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 2, 9, 16, 1981. /s/ J. Tom Coleman, Jr. Senator, 1st District

Page 3103

Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1981. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (13,160-13,200). No. 55 (House Bill No. 34). AN ACT To repeal an Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 13,160 and not more than 13,200 according to the U. S. Decennial Census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to validate acts and proceedings therein; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 2, 1966 (Ga. Laws 1966, p. 2838), as amended by an Act approved March 20, 1972 (Ga. Laws 1972, p. 2327), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2635); to provide an effective date; to provide conditions for the 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 entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 13,160 and not more than 13,200 according to the U. S. Decennial Census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to validate acts and proceedings therein; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 2, 1966 (Ga. Laws 1966, p. 2838), as amended by an Act approved March 20, 1972 (Ga. Laws 1972, p. 2327), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2635), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Macon County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1981. DOUGLAS COUNTYCORONER'S COMPENSATION. No. 59 (House Bill No. 479). AN ACT To amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. Laws 1961, p. 2511), as amended, particularly by an Act

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approved April 17, 1973 (Ga. Laws 1973, p. 3529), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. Laws 1961, p. 2511), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3529), is hereby amended by striking from Section 1 of said Act the following: two hundred ($200.00) dollars, and substituting in lieu thereof the following: $400.00, so that when so amended Section 1 of said Act shall read as follows: 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 Douglas County is hereby placed on a salary of $400.00 per month. Section 2. This Act shall become effective on July 1, 1981. 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 in the 1981 regular session of the General Assembly of Georgia a bill to amend an act placing the Coroner of Douglas County on a salary basis in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. Laws 1961, p. 2511), as amended; and for other purposes. Thomas M. Kilgore, Representative, District 65

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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 8, 15 and 22, 1981. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 16, 1981. CITY OF LaGRANGECORPORATE LIMITS. No. 61 (House Bill No. 538). 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 extend and increase the corporate limits of

Page 3107

the City of LaGrange; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended, is hereby further amended by adding a new subparagraph (15) after subparagraph (14) of Paragraph (a) of Appendix I, Boundaries of the City of LaGrange, Georgia, as follows: (15) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property: All that tract or parcel of land, containing 243.3 acres, more or less, situate, lying and being in Land Lots 49 and 80 of the 6th Land District and Land Lots 13, 14, 19, and 20 of the 5th Land District, Troup County, Georgia, more particularly described as follows: Starting at a point, said point being at the intersection of the Southern boundary of Cameron Mill Road and the existing City Limits of LaGrange, run thence in a generally Westerly direction along the Southern margin of the existing Cameron Mill Road for a distance of 4000 feet, more or less, to a point, said point being on the South margin of Cameron Mill Road in line with and 50 feet South of the Southwest corner of Lot 1, Wildwood Subdivision, Section One, as recorded in Plat Book 10, pages 256-257, Troup County records; thence North 01 54' West 50 feet to the Southwest corner of Lot 1, Wildwood Subdivision; thence along the Western margin of Lots 1 and 2 North 01 54' West a distance of 611.13 feet to a point; thence South 88 08' West 427.19 feet to a point on the Eastern margin of proposed access to Jackson Creek Recreation Area, (100 foot right-of-way), said point being the Southwest corner of Lot No. 4, Section II, Wildwood Subdivision, recorded in Plat Book 20, page 18, Troup County records; thence Northerly along the Western margin of Lots 4 and 6, and along the arc of a curve having a chord bearing of North 14 20' East, a chord distance of 180.72 feet, and an arc distance of 182.60 feet to a point; thence North 00 08' East a distance of 620.03 feet to a point, said point being the Northwest corner of Lot 6, Section 2, Wildwood Subdivision; thence North 89 35' East 420.00 feet to the Northwest corner of Lot 5, Section One, Wildwood Subdivision;

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thence along the Northern line of Lot 5 North 74 54' East 181.39 feet to a point on the Western line of Lot 11; thence North 31 50' West and along the Western line of Lots 10 and 11 for a distance of 385.00 feet to the Northwest corner of Lot No. 10, Section One, Wildwood Subdivision, said point is also the Southwest corner of Tract Two as per plat recorded in Plat Book 14, page 99, Troup County records; thence along the Western line of Tract Two and along the Eastern line of Tract One North 03 42' East 306.59 feet to corner number 553300 Corps of Engineer Survey of West Point Reservoir, said point is also the Northeast corner of Tract One; thence North 89 34' West 482.07 feet to a point located on the Eastern margin of proposed access road to Jackson Creek Public Recreation Area (100 foot right of way); thence Southerly along the Eastern margin of proposed road along the arc of a curve having a chord bearing of South 15 08' East, a chord distance of 83.47 feet, an arc distance of 83.64 feet to a point; thence in a Westerly direction 550 feet, more or less, across the proposed access road and through the property of Callaway to a point on the Eastern line of William L. Hutchinson property at a break in said Eastern property line of Hutchinson, as per plat recorded in Plat Book 6, page 112, said break being 1200 feet, more or less, North of the centerline of Cameron Mill Road; thence Northeasterly along the Hutchinson property line 1225 feet, more or less, to a point on the U. S. Government acquisition line (West Point Reservoir); thence South 89 59' East 50.0 feet, more or less, to corner No. 553100, having Georgia Plane Co-ordinates N-1,117,988.50, E-220,961.24; thence North 45 07' 20 East 2012.79 feet to a point in the low pool of West Point Reservoir having Co-ordinates of N-1,119,408.72, E-222,387.53, said point being on the existing city limits of LaGrange; thence Southerly along the existing city limits South 17 19' 39 East 3024.76 feet to a point in the low pool of West Point Reservoir having Georgia Plane Co-ordinates N1,116,521.23 E223,288.40; thence South 45 05' 39 East 2917.66 feet to a point on the existing city limits of LaGrange, and in the low pool of West Point Reservoir; thence South 10 28' West 390 feet, more or less, along the existing city limits to the Point of Beginning. 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 1981 Session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of LaGrange approved 8 March 1968 (Georgia Laws 1968, page 2191, as amended); the purpose of said amendment being the annexation of the following described property into the corporate city limits of the City of LaGrange, to-wit: All that tract or parcel of land containing 243.3 acres, more or less, situate, lying and being in Land Lots 49 and 80 of the Sixth Land District of Troup County, Georgia, and Land Lots 13, 14, 19 and 20 of the Fifth Land District, Troup County, Georgia. This 22nd day of January, 1981. John W. Bell Clerk-Treasurer City of LaGrange Georgia, Troup County. 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, the newspaper in which Sheriff's advertisements of Troup County, Georgia are published; that the advertisement Notice of Intention to Introduce Local Legislation which is hereinafter set forth, was duly published in said newspaper on the dates of January 23, 1981, January 30, 1981 and February 6, 1981. /s/ Glen O. Long Publisher, LaGrange Daily News

Page 3110

Sworn to and subscribed before me, on this the 6th day of February, 1981. /s/ Katherine M. Nelson Notary Public, Troup County, Georgia. My Commission Expires March 2, 1981. (Seal). Approved March 16, 1981. CITY OF WADLEYRECORDER. No. 62 (House Bill No. 711). AN ACT To amend an Act creating a new charter for the City of Wadley, approved March 28, 1974 (Ga. Laws 1974, p. 3576), so as to change certain provisions relating to eligibility to serve as and service as 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 creating a new charter for the City of Wadley, approved March 28, 1974 (Ga. Laws 1974, p. 3576), is hereby amended by striking from subsection (1) of Section 6-2 the following: qualified to vote in Jefferson County, and inserting in lieu thereof the following: a resident of the Middle Judicial Circuit of Georgia,

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so that when so amended said subsection (1) of Section 6-2 shall read as follows: Section 6-2. Recorder. (1) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years, shall not have been convicted of a crime involving moral turpitude and shall be a resident of the Middle Judicial Circuit of Georgia. Until such time that the mayor and council shall appoint a recorder to serve at their discretion, the mayor, or in his absence the mayor pro tem, shall act as recorder. The compensation of the recorder shall be fixed by the mayor and council. 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 1981 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Wadley so as to make provisions relative to the position of Judge of Recorder's Court and for other purposes. This 26th day of January, 1981. E. E. Bargeron State 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

Page 3112

Legislation was published in the News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: January 29, February 5, 12, 1981. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1981. HOUSTON COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 63 (House Bill No. 714). AN ACT To amend an Act creating a board of commissioners of Houston County, approved August 5, 1922 (Ga. Laws 1922, p. 372), as amended, particularly by an Act approved March 14, 1973 (Ga. Laws 1973, p. 2091), so as to change the compensation of the board members; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating a board of commissioners of Houston County, approved August 5, 1922 (Ga. Laws 1922, p. 372), as amended, particularly by an Act approved March 14, 1973 (Ga. Laws 1973, p. 2091), is hereby amended by striking from subsection (a) of Section 3 the following: three hundred and fifty ($350.00) dollars, and inserting in lieu thereof the following: $450.00, so that when so amended said Section 3 shall read as follows: Section 3. (a) The members of the board of commissioners of Houston County shall receive a salary of $450.00 per month from the funds of Houston County. (b) A monthly contingent expense allowance for the chairman of the board of commissioners of Houston County shall be and the same is hereby fixed in the sum of one hundred and fifty ($150.00) dollars, which shall be in addition to any other compensation provided for said chairman. (c) A monthly contingent expense allowance for the members of the board of commissioners of Houston County, other than the chairman, shall be and the same is hereby fixed in the sum of fifty ($50.00) dollars, which shall be in addition to any other compensation provided for said members other than the chairman. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia a bill to amend an

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Act creating the Board of Commissioners for Houston County, approved August 15, 1922 (Ga. Laws 1922, p. 372), as amended, so as to increase the compensation of each member of the board of commissioners by $100.00 a month, and for other purposes. This 16th day of January, 1981. Ted W. Waddle Representative, 113th District Larry Walker Representative, 115th District Roy H. Watson, Jr. Representative, 114th District Ed Barker Senator, 18th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he/she is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: January 22, 29, and February 5, 1981. /s/ Larry Walker Representative, 115th District

Page 3115

Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1981. GWINNETT COUNTYOWNERSHIP, ETC. OF PINBALL MACHINES. No. 64 (House Bill No. 777). AN ACT To repeal an Act providing that it shall be unlawful to own, possess, use, maintain, or operate pinball machines or similar machines in Gwinnett County, approved February 27, 1962 (Ga. Laws 1962, p. 2364); to provide 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 that it shall be unlawful to own, possess, use, maintain, or operate pinball machines or similar machines in Gwinnett County, approved February 27, 1962 (Ga. Laws 1962, p. 2364), is hereby repealed in its entirety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3116

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to repeal Ga. Laws 1962, p. 2364, relating to the ownership, possession, use, maintenance and operation of pinball machines or similar machines in Gwinnett County, so as to repeal said law in its entirety; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1981. /s/ Herbert T. Jenkins Herbert T. Jenkins Solicitor, State Court of Gwinnett County 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: February 6, 13, 20, 1981. /s/ Vinson Wall Representative, 61st District

Page 3117

Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1981. CITY OF FOREST PARKCORPORATE LIMITS. No. 65 (House Bill No. 792). AN ACT To amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, approved April 19, 1973 (Ga. Laws 1973, p. 3701), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, approved April 19, 1973 (Ga. Laws 1973, p. 3701), is hereby amended by adding at the end of Section 1.02 the following: The corporate limits of the City of Forest Park shall also include the following tracts or parcels of property:

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PARCEL 1 All that tract or parcel of land located partly in Land Lot 111 and partly in Land Lot 113 of the 13th District of Clayton County and described as follows: To arrive at the point of beginning, begin at the northeast intersection of the right of way of Morrow Road and Ash Street; and running north along the east right of way of Ash Street, 273 feet to a point; thence running N 8900'00 E, 313.60 feet to a point, said point being the point of beginning; thence running N 8900'00 E, 138.99 feet to a point, thence running S 100'14 E, 310.39 feet to a point on the north right of way of Morrow Road; thence running N 7823'18 W, along the north right of way of Morrow Road, 144.94 feet to a point; thence running N 030'00 W, 278.75 feet to the point of beginning. PARCEL 2 All that tract or parcel of land lying and being in Land Lot 52 of the 13th District of Clayton County, Georgia, being the parcel of land described in the Warranty Deed from T. J. Barnett to Van L. Beasley, dated June 13, 1950, recorded in Deed Book 77, page 353 of Clayton County records, and more particularly described, according to a plat of Survey made for Compton Trucking, Inc., by John E. Chapman, Jr., Registered Land Surveyor, dated November 12, 1979, as follows: BEGINNING at an iron pin at the intersection formed by the North line of the 50-foot right-of-way of Barnett Road with the West line of said Land Lot 52 and running thence along said land lot line on a bearing of North 0-degrees 10-minutes West 688.5 feet to an iron pin; thence South 88-degrees 26-minutes East 229.8 feet to an iron pin at the northwest corner of lands now or formerly owned by B. W. Anderson; thence along the West line of said Anderson tract, which is marked by a line fence on a bearing of South 1-degree 26-minutes West 687.6 feet to an iron pin on the North side of Barnett Road; thence along the North side of Barnett Road on a bearing of North 88-degrees 26-minutes West 210.5 feet, more or less, to the point of beginning.

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PARCEL 3 All that tract or parcel of land located in Land Lot 52 of the 13th District of Clayton County and described as follows: To arrive at the point of beginning, begin at the intersection of the north right of way of Barnett Road and the west land lot line of Land Lot 52; thence running in an easterly direction along the north right of way of Barnett Road, 201.73 feet to the point of beginning; thence running in an easterly direction along the north right of way of Barnett Road, 100 feet to a point; thence running north 3 degrees 10 minutes 29 seconds west, 685.2 feet to a point; thence running south 86 degrees 54 minutes 29 seconds west, 100 feet to a point; thence running south 3 degrees 10 minutes 29 seconds east, 685.2 feet to a point on the north right of way of Barnett Road said point being to 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 1981 session of the General Assembly of Georgia, a bill to change the corporate limits of the City of Forest Park, Georgia; and for other purposes. This 26th day of January 1981. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News/Daily which is the official organ of Clayton County, on the following dates: February 3, 10, 17, 1981.

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/s/ Rudolph Johnson Representative, 72nd District Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1981. MACON COUNTYSMALL CLAIMS COURT CREATED. No. 68 (House Bill No. 269). AN ACT To create and establish a Small Claims Court of Macon County; to provide for the initial judge; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to validate acts and proceedings therein; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide for conditions for an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Macon County. Such court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $3,000.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in Macon County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) The judge of the small claims court in Macon County who is serving on the effective date of this Act shall serve until the expiration of his current term of office and until his successor is appointed and qualified under subsection (b). (b) Thereafter the Governor shall appoint a citizen of Macon County to be judge of the small claims court for a term of four years and until his successor is appointed and qualified. 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 Macon County or any judge of a city court located in Macon County on application of any party or the said judge of the Small Claims Court who is unable to act, shall perform such duties and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid of the judge unable to act. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge as herein authorized shall be retained by him as his sole remuneration. Section 6. (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

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form herein provided, or its equivalent, and shall affix his signature hereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in Macon County by any official or person authorized by law to serve process in circuit courts; or by registered or certified mail with return receipt, or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (c) When notice is to be served by registered or certified mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned or marked refused by U. S. Postal Authorities, the clerk shall attach the same to the original statement of claim, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service.

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Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. The plaintiff, when he files his claim, shall deposit with the court $21.50 in those cases which do not exceed $750.00, or the sum of $25.00 in those cases from $750.00 to $3,000.00, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be $16.50; and in other matters not specifically mentioned here the cost 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, 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 cases 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. Section 9. (a) On the day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedures shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement or setoff to be filed, or same may be

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waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay executions, 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 superior court presiding in Macon County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. (a) The judge of such 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 Macon County, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to

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secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Section 14. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 15. Appeals may be had from judgments returned in a Small Claims Court, to the superior court, or the city court of Macon County, and the same provisions now provided for by law for appeals from probate courts to the superior court, shall be applicable to appeals from the small claims court to the superior court, or the city court of Macon County. Section 16. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court.

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Section 17. All acts performed by the judge or the clerk of the Small Claims Court of Macon County and all proceedings before the court are hereby validated. Section 18. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the Macon County commissioners. Section 19. (a) Such Small Claims Court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and, also designate the times when attachments and executions are returnable and, also designate the time when each answer to a summoms of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. (b) A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is

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evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. postal authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 20. The judge of a Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the Macon County treasury or depository for county purposes. Section 21. The fee of bailiff for the execution of a fi. fa. shall be $7.50, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) on the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of $7.50. Section 22. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Macon County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Macon County which is created by this Act. Section 23. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Macon County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Macon County as created by an Act approved March 2, 1966 (Ga. Laws 1966 p. 2838), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981.

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Section 24. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 25. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act creating a Small Claims Court in each county in this State having a population of not less than 13,160 and not more than 13,200 according to the U. S. Decennial Census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to validate acts and proceedings therein; to provide an effective date; to repeal conflicting laws; and for other purposes.', approved March 2, 1966 (Ga. Laws 1966, p. 2838), as amended by an Act approved March 20, 1972 (Ga. Laws 1972, p. 2327), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2635); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Macon County; to provide for other matters relative thereto; and for other purposes.

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This the 10th day of December, 1980. Larry Walker Representative, 115th District Bryant Culpepper Representative, 98th District Ed Barker Senator, 18th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he/she is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen Georgian which is the official organ of Macon County, on the following dates: December 10, 17, 24, 1980. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 19th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1981.

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CHEHAW PARK AUTHORITYMEETINGS. No. 73 (House Bill No. 491). AN ACT To amend an Act creating the Chehaw Park Authority, approved April 11, 1979 (Ga. Laws 1979, p. 4515), so as to change the provisions respecting meetings of the 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 Chehaw Park Authority, approved April 11, 1979 (Ga. Laws 1979, p. 4515), is hereby amended by striking in its entirety subsection (c) of Section 4 thereof, which reads as follows: (c) The members of the Authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The Authority shall meet at such times and places as it shall determine, but in any event, the Authority shall meet not less often than one time each calendar month., and inserting in lieu thereof a new subsection (c) to read as follows: (c) The Authority shall meet at such times and places as it shall determine, but in any event the Authority shall meet not less often than quarterly. The Authority shall also meet at any time that a meeting is called by the Chairman, or by any two members of the Authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 Session of the General Assembly of Georgia a bill to amend the legislation creating Chehaw Park Authority so as to change the provisions of said Act respecting meetings of the Authority. James V. Davis City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless 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 16, 23, 30, 1981. /s/ Tommy Chambless Representative, 131st District Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981.

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ALBANY DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY. No. 74 (House Bill No. 492). AN ACT To amend an Act creating the Albany Dougherty Payroll Development Authority, approved March 28, 1958 (Ga. Laws 1958, p. 2870), as amended by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2778), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3172), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3639), so as to authorize the Authority to issue revenue bonds with such rates of interest as are authorized by the board of directors of the Authority; to provide for related 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. An Act creating the Albany Dougherty Payroll Development Authority, approved March 28, 1958 (Ga. Laws 1958, p. 2870), as amended by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2778), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3172), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3639), is hereby amended by adding at the end of Section 6 a new subsection (m), describing an additional power of the Authority, to read as follows: (m) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the `Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as now or hereafter amended. However, the interest rates of any such revenue bonds shall be fixed by the board of directors of the Authority and any limitations with respect to interest rates contained in said `Revenue Bond Law' shall not apply to revenue bonds issued under this subsection. The usury laws of the State of Georgia shall not apply to revenue bonds issued under this subsection. This authority shall be in addition to any other power of the Authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Albany Dougherty Payroll Development Authority, approved March 28, 1958 (Ga. Laws 1958, p. 2870), as amended, so as to authorize the authority to issue revenue bonds with such rates of interest as are authorized by the board of directors of the authority; to provide for related matters; and for other purposes. This 9th day of January, 1981. Tommy Chambless Representative, District 131 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless 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 10, 17, 24, 1981. /s/ Tommy Chambless Representative, 131st District

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Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981. GWINNETT COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 75 (House Bill No. 661). AN ACT To amend an Act creating a Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. Laws 1968, p. 2003), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2646), so as to change the compensation and expense allowance of the members of said board and to change the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. Laws 1968, p. 2003), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2646), is hereby amended by striking subsection (a) of Section 9 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as

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same, a base salary of $6,600.00 each per annum to be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year; provided that the total compensation of each such commissioner shall not exceed $7,600.00 per annum. The members of the commission, other than the chairman, shall also be entitled to receive an expense allowance of $250.00 per month to be paid from the funds of Gwinnett County. Section 2. Said Act is further amended by striking in its entirety subsection (b) of Section 9 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The chairman shall receive as his compensation a salary of $35,000.00 per annum. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be furnished an automobile by the county with the expenses of the operation thereof and the expenses incurred by said chairman to be paid by the county. Section 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 1981 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. Laws 1968, p. 2003), as amended; to repeal conflicting laws; and for other purposes.

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This 12th day of Jan., 1981. /s/ James A. Henderson James A. Henderson Attorney for Board of Commissioners of Gwinnett County 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981.

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GWINNETT COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 76 (House Bill No. 663). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. Laws 1956, p. 2502), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4486), so as to change the provisions relative to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. Laws 1956, p. 2502), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4486), is hereby amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The tax commissioner shall receive a salary of $26,700.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year. All fees, commissions, costs, or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. Laws 1956, p. 2502), as amended; to repeal conflicting laws; and for other purposes. This 12th day of Jan., 1981. /s/ James A. Henderson James A. Henderson Attorney for Board of Commissioners of Gwinnett County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Martin who, on oath, deposes and says that he/she is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981. /s/ Charles Martin Representative, 60th District

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Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981. GWINNETT COUNTYSHERIFF'S COMPENSATION. No. 77 (House Bill No. 664). AN ACT To amend an Act placing certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. Laws 1956, p. 2535), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4488), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. Laws 1956, p. 2535), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4488), is hereby amended by striking subsection (a) of Section 2 in its entirety and inserting in its place a new subsection to read as follows: (a) The Sheriff of Gwinnett County shall receive an annual salary of $30,000.00, payable in equal monthly installments from Gwinnett County funds. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1

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of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legal Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill amending an Act placing the sheriff, the clerk of superior court, and the judge of probate court on a salary basis of compensation, approved February 23, 1956 (Ga. Laws 1956, p. 2539), as amended; to repeal conflicting laws; and for other purposes. This 12th day of Jan., 1981. /s/ James A. Henderson James A. Henderson Attorney for Board of Commissioners of Gwinnett County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Martin who, on oath, deposes and says that he/she is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981.

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/s/ Charles Martin Representative, 60th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981. GWINNETT COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT AND PROBATE COURT JUDGE. No. 78 (House Bill No. 665). AN ACT To amend an Act placing certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. Laws 1956, p. 2535), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4488), so as to change the compensation of the clerk of superior court 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 certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. Laws 1956, p. 2535), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4488), is hereby amended by striking subsections (b) and (c) of Section 2 in their entirety and inserting in their place new subsections to read as follows:

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(b) The Clerk of Superior Court of Gwinnett County shall receive an annual salary of $26,700.00, payable in equal monthly installments from Gwinnett County funds. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year. (c) The Judge of the Probate Court of Gwinnett County shall receive an annual salary of $26,700.00, payable in equal monthly installments from Gwinnett County funds. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legal Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill amending an Act placing the sheriff, the clerk of superior court, and the judge of probate court on a salary basis of compensation, approved February 23, 1956 (Ga. Laws 1956, p. 2539), as amended; to repeal conflicting laws; and for other purposes. This 12th day of Jan., 1981. /s/ James A. Henderson James A. Henderson Attorney for Board of Commissioners of Gwinnett County

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Martin who, on oath, deposes and says that he/she is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981. /s/ Charles Martin Representative, 60th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981. ELECTION BOARDS CREATED IN CERTAIN COUNTIES (18,150 - 18,250). No. 79 (House Bill No. 712). AN ACT To provide for a board of registrations and elections in certain counties; to provide for the powers and duties of the board; to provide

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for the appointment, election, qualifications, resignation, and removal of initial and subsequent members; to provide for filling vacancies; to provide an administrative office for elections and registrations; to staff such office with an elections supervisor, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in each county of this state having a population of not less than 18,150 and not more than 18,250 according to the United States decennial census of 1970 or any future such census a board of registrations and elections which shall have jurisidction over the conduct of primaries and elections and the registration of electors in such counties, in accordance with the provisions of this Act. Section 2. (a) The initial board shall be composed of five members, each of whom shall be an elector and a resident of the county and who shall be selected in the following manner: (1) Two members shall be appointed by the chairman of the county executive committees of the political party whose candidates, at the last preceding regular general election held for the election of all members of the General Assembly, received the largest number of votes in this state for members of the General Assembly; and two members shall be appointed by the chairman of the county executive committee of the political party whose candidates received the next largest number of votes at such election; provided, however, each of the appointments shall have been ratified by a majority of the members of each of the respective executive committees voting at a regularly scheduled meeting of the executive committee or a meeting duly called and held for such purposes. In the event the appointments are not ratified by a majority of the members of the executive committees at least 45 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds majority of the membership of the executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members

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at least 30 days preceding the date on which such members are to take office then such members shall be appointed in accordance with the provisions of Section 4 of this Act. (2) The fifth member of the board shall be appointed by a majority vote of the other four members of the board. Said fifth member shall be appointed within 30 days of the party appointed members taking office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appointment of the member at large shall not be governed by the provisions of Section 4 of this Act. (b) Each subsequent board shall be composed of three members, each of whom shall be an elector and a resident of the county and who shall be selected in the following manner: (1) One member shall be appointed by the chairman of the county executive committees of the political party whose candidates, at the last preceding regular general election held for the election of all members of the General Assembly, received the largest number of votes in this state for members of the General Assembly; and one member shall be appointed by the chairman of the county executive committee of the political party whose candidates received the next largest number of votes at such election; provided, however, each of the appointments shall have been ratified by a majority of the members of each of the respective executive committees voting at a regularly scheduled meeting of the executive committee or a meeting duly called and held for such purposes. In the event the appointments are not ratified by a majority of the members of the executive committees at least 45 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect a member by a two-thirds majority of the membership of the executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office then such members shall be appointed in accordance with the provisions of Section 4 of this Act.

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(2) The third member of the board shall be appointed by the other two members of the board. Said third member shall be appointed within 30 days of the party appointed members taking office. The third member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appointment of the member at large shall not be governed by the provisions of Section 4 of this Act. Section 3. (a) The appointment or election of each appointed or elected member shall be made by the respective appointing or electing authority. Said appointing or electing authority shall file an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, which states the name and residential address of the person appointed or elected and certifies that such member has been duly appointed or elected as provided in this Act. (b) The appointment of the member at large shall be made by the other members of the board. Said members of the board shall file an affidavit with the clerk of the superior court, no later than 15 days preceding the date at which such member is to take office, which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. (c) The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed or elected member to the Secretary of State and provide for the issuance of appropriate commissions to the members, as provided by law for registrars. Section 4. In the event any appointing or electing authority fails (1) to make a regular appointment or election within the times specified in Section 2 or Section 3; or (2) to make an interim appointment or election to fill a vacancy within 60 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of said county. This section shall not apply to the selection process of the member at large. Section 5. Each appointed or elected member of the board shall (1) serve for a term of two years and until his successor is appointed or

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elected and qualified, except in the event of resignation or removal as hereinafter provided; (2) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing or electing authority and to the clerk of the superior court; and (3) be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars. Section 6. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of his term by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members. Section 7. No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such elective office; and the position of membership of any member shall be deemed vacant upon such member qualifying as a candidate for said elective public office. The elections supervisor shall not be eligible to serve as a member of the board, nor shall he be appointed or elected to serve as a member of the board. Section 8. (a) (1) The initial members of the board shall take office on June 1, 1981, for the sole purpose of selecting the member at large. (2) The initial members of the board shall take office on July 1, 1981, so long as the member at large has been certified to the clerk of the superior court by such date. The board shall take no official action until the member at large has been certified to the clerk of the superior court. (3) The terms of office of each of the five members of the initial board shall expire on June 30, 1983. (b) (1) Subsequent boards shall be composed of three members who shall be appointed in accordance with the provisions of subsection (b) of Section 2 of this Act. The members of each subsequent board shall take office on the first day of June in each

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odd-numbered year for the sole purpose of selecting the member at large. (2) Subsequent members of the board shall take office on the first day of July in each odd-numbered year, so long as the member at large has been certified to the clerk of the superior court by such date. The board shall take no official action until the member at large has been certified to the clerk of the superior court. (c) The members of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 9. (a) The board shall: (1) With regard to the preparation for and conduct of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court by Code Title 34, known as the Georgia Election Code, as now or hereafter amended, of whatever nature and kind, and any other provision of law with respect thereto. (2) 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, known as the Georgia Election Code, as now or hereafter amended, of whatever nature and kind, and any other provision of law with respect thereto. (3) With regard to the registration of electors, succeed to and exercise all powers, duties, and responsibilities conferred upon and incumbent upon the board of registrars pursuant to Code Title 34, known as the Georgia Election Code, as now or hereafter amended, or any other provision of law. (b) The board of registrations and elections shall have the authority to contract with any municipality located within the county for the holding of any primary or election to be conducted within the municipality. Section 10. Any rule or regulation promulgated by a county executive committee under the provisions of subsection (c) of Code

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Section 34-902, relating to the conduct of conventions and other party affairs, as now or hereafter amended, shall be null and void if in conflict with a valid rule or regulation of the board of registrations and elections. Section 11. Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. Section 12. With the consent of the governing authority, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct adequately electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern. Section 13. (a) The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board. Section 14. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse. Any special called meetings held pursuant to the bylaws adopted by the board shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.

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Section 15. The board shall be responsible for the selection and appointment of the administrative director, herein to be known as the elections supervisor, to administer and supervise conduct of elections, primaries, and registration of electors for the county. The board shall act within 60 days of its members taking office under this Act to appoint an elections supervisor who shall be hired by the board from a job description drawn by said board. Compensation shall be determined in accordance with the salary schedule for department heads established by the governing authority of the county. Compensation for the elections supervisor shall be paid by the governing authority wholly from county funds. Section 16. The governing authority of the county shall expend public funds to provide the elections supervisor with such proper and suitable administrative offices and with such clerical assistants and other employees, approved by the board, as the governing authority shall deem appropriate. Compensation for such administrative personnel shall be paid by the governing authority wholly from county funds. Section 17. In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in Section 15 of this Act, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed forthwith by the governing authority to serve until the board fills the vacancy as provided in this Act. Section 18. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practical, from lists provided by the county executive committees of the two major political parties appointing members to the board of registrations and elections. Section 19. Compensation for the members on the board shall be set at $25.00 per meeting for a maximum of four paid meetings a month from June 1, 1981, to June 1, 1982. Thereafter, compensation shall be $50.00 a month. Section 20. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 34-103, relating to definitions, as now or hereafter amended, unless otherwise clearly apparent from the text of this Act.

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Section 21. Upon the effective date of this Act, July 1, 1981, the judge of the probate court and the county board of registrars shall be relieved from all powers and duties to which the board of registrations and 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. Also, at such time, the board of registrars and the office of chief registrar shall be abolished. However, the judge of the probate court shall swear in all persons elected to public office as done prior to the effective date of this Act. Section 22. This Act shall become effective on July 1, 1981, except for the provisions of subsection (a) of Section 8 which shall become effective June 1, 1981. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1981. ROCKDALE COUNTYCOUNTY COMMISSION VACANCIES. No. 80 (House Bill No. 713). 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, so as to change the method of filling vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), as amended, is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) Except as set forth in Section 3, all elections for members of the board of commissioners created by this Act shall be held and conducted in accordance with the provisions of Code Title 34, known as the Georgia Election Code, as now or hereafter amended. (b) In the event of a vacancy in the office of chairman of the board of commissioners or of a commissioner or commissioners, either of whose unexpired term equals or exceeds 210 days, it shall be the duty of the judge of the Probate Court of Rockdale County to call a special election for the filling of such vacancy or vacancies, which election shall be governed by the provisions of said Georgia Election Code relative to special elections for the filling of vacancies. Such special election shall be held within 60 days of the date of the creation of the vacancy; provided, however, that it shall be the further duty of the judge of the Probate Court of Rockdale County to appoint within ten days following the vacancy or vacancies an interim chairman or commissioner or commissioners as appropriate to serve pending the election of a new chairman or commissioner or commissioners. Said interim appointee(s) shall be subject to the same qualifications, oath, and bond as a duly elected or permanently appointed chairman or commissioner or commissioners. (c) In the event of a vacancy in the office of chairman of the board of commissioners or of a commissioner or commissioners, either of whose unexpired term does not equal or exceed 210 days, it shall be the duty of the remaining elected member or members of the commission to fill vacancies by permanent appointment. The said appointment or appointments shall be made within 20 days following the occurrence of the vacancy or vacancies. If only one elected commissioner remains at that point in time, he shall make both appointments for less than 210 days. If, however, there are two remaining elected members of the commission and they cannot unanimously agree on a suitable appointee, then, after the 20 days aforesaid have passed, both remaining elected commissioners shall submit an appointee's name to the judge of the Probate Court of Rockdale County, whose duty it shall then be to select one name or the other within 24 hours after submission.

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(d) If all seats on the commission shall become vacant concurrently and if any unexpired term is for less than 210 days, the judge of the Probate Court of Rockdale County shall proceed to fill such vacancy or vacancies by appointment. All remaining vacancies for which the unexpired term equals or exceeds 210 days shall then be filled by following the procedure set out in subsection (b) hereinabove. (e) All persons elected or appointed to fill vacancies pursuant to the provisions of this section, except interim appointees, shall serve for the remainder of the unexpired term of any such office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 2nd day of Jan., 1981. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence 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 2, 9, 16, 1981.

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/s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981. FORSYTH COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 83 (House Bill No. 850). AN ACT To amend an Act creating a Board of Commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 2, 1972 (Ga. Laws 1972, p. 2065) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3484), so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for

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Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 2, 1972 (Ga. Laws 1972, p. 2065) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3484), is hereby amended by striking Section 7 of said Act in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. (a) The chairman of the board of commissioners shall receive a salary of $150.00 per month, payable out of the funds of Forsyth County. The compensation of the other members of the board shall be $100.00 per month, payable out of the funds of Forsyth County. (b) The chairman and each member of the board shall receive the sum of $44.00 as an expense allowance for each day's actual attendance at a meeting of the board or any meeting of any other governmental or public board, council, committee, authority, or commission at which said member is representing the board of commissioners of Forsyth County or a political subdivision of Forsyth County, but shall receive the same for not more than four days per month. Said expense allowance shall be payable out of the funds of Forsyth County. (c) The chairman and other members of the board shall also be entitled to actual expenses incurred while on business outside of the county, to be payable from the funds of Forsyth 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners for Forsyth County approved June 30, 1964 (Ga. Laws 1964, p. 2225) as amended, so as to change the compensation of the members of the Board of Commissioners of said county; and for other purposes.

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This 19th day of January, 1981. Joe T. Wood Representative, 9th District Jerry D. Jackson Representative, 9th District Bobby Lawson Representative, 9th District 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: January 28, February 4, 11, 1981. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981.

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ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (32,300 - 32,700). No. 84 (House Bill No. 948). AN ACT To repeal an Act entitled 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., approved March 26, 1980 (Ga. Laws 1980, p. 4045); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to 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

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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., approved March 26, 1980 (Ga. Laws 1980, p. 4045), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Coweta County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1981. BULLOCH COUNTYCOMPENSATION OF EMPLOYEES OF CLERK OF SUPERIOR COURT. No. 85 (House Bill No. 1002). 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 18, 1980 (Ga. Laws 1980, p. 3400), 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:

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Section 1. An Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2763), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3400), is hereby amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof the following: 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 $9,000.00 per annum, and a docket clerk and to fix his compensation at a figure not to exceed $8,300.00 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 $7,700.00 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. The public is notified that there will be introduced in the 1981 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain Bulloch 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 20, 1981.

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Robert Emory Lane Georgia House of Representatives District 81 John F. Godbee Georgia House of Representatives District 82 Joseph E.Kennedy Georgia State Senate District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 22, 29, 1981 and February 5, 1981. /s/ John F. Godbee Representative, 82nd District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved March 19, 1981.

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BULLOCH COUNTYCOMPENSATION OF SHERIFF'S EMPLOYEES. No. 86 (House Bill No. 1003). 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 18, 1980 (Ga. Laws 1980, p. 3392), 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. 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 18, 1980 (Ga. Laws 1980, p. 3392), is hereby amended by striking subsection (a) of Section 3 of said Act in its entirety and substituting in lieu thereof the following: (a) The Sheriff of Bulloch County shall be authorized to employ one chief deputy who shall be compensated in the amount of $12,600.00 per annum, one junior deputy who shall be compensated in the amount of $11,400.00 per annum, and one office clerk who shall be compensated in the amount of $8,300.00 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.

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Notice to the Public. The public is notified that there will be introduced in the 1981 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain Bulloch 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 20, 1981. Robert Emory Lane Georgia House of Representatives District 81 John F. Godbee Georgia House of Representatives District 82 Joseph E.Kennedy Georgia State Senate District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 22, 29, 1981 and February 5, 1981.

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/s/ John F. Godbee Representative, 82nd District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved March 19, 1981. BULLOCH COUNTYCOMPENSATION OF CLERICAL ASSISTANTS OF BOARD OF COMMISSIONERS. No. 87 (House Bill No. 1004). 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 18, 1980 (Ga. Laws 1980, p. 3395), so as to change the provisions relative to the compensation of the clerks; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 18, 1980 (Ga. Laws 1980, p. 3395), is hereby amended by striking subsection (b) of Section 2 of said Act in its entirety and substituting in lieu thereof the following:

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(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 $10,400.00 per annum, and an additional clerical assistant, who may be compensated in an amount not to exceed $9,000.00 per annum. The compensation of such personnel shall be paid in equal monthly installments from the funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. The public is notified that there will be introduced in the 1981 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain Bulloch 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 20, 1981. Robert Emory Lane Georgia House of Representatives District 81 John F. Godbee Georgia House of Representatives District 82 Joseph E.Kennedy Georgia State Senate District 4

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 22, 29, 1981 and February 5, 1981. /s/ John F. Godbee Representative, 82nd District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved March 19, 1981. BULLOCH COUNTYCOMPENSATION OF CLERICAL ASSISTANT OF PROBATE COURT JUDGE. No. 88 (House Bill No. 1005). 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

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1960, p. 2590), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3398), so as to change the compensation of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the 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 18, 1980 (Ga. Laws 1980, p. 3398), is hereby amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof the following: Section 3. The judge of the probate court may appoint a clerical assistant to be compensated in an amount not to exceed $8,300.00 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. Notice to the Public. The public is notified that there will be introduced in the 1981 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain Bulloch 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 20, 1981.

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Robert Emory Lane Georgia House of Representatives District 81 John F. Godbee Georgia House of Representatives District 82 Joseph E.Kennedy Georgia State Senate District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 22, 29, 1981 and February 5, 1981. /s/ John F. Godbee Representative, 82nd District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved March 19, 1981.

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BULLOCH COUNTYCOMPENSATION OF TAX COMMISSIONER'S ASSISTANTS. No. 89 (House Bill No. 1006). 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 18, 1980 (Ga. Laws 1980, p. 3403), 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 18, 1980 (Ga. Laws 1980, p. 3403), is hereby amended by striking Section 8A of said Act in its entirety and substituting in lieu thereof the following: Section 8A. The tax commissioner is hereby authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $9,000.00 per annum, the second such assistant shall receive a salary not to exceed $8,300.00 per annum, and the third such assistant shall receive a salary not to exceed $7,700.00 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. The public is notified that there will be introduced in the 1981 Session of the General Assembly of Georgia a bill to provide for

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changes in compensation of personnel in certain Bulloch 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 20, 1981. Robert Emory Lane Georgia House of Representatives District 81 John F. Godbee Georgia House of Representatives District 82 Joseph E.Kennedy Georgia State Senate District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 22, 29, 1981 and February 5, 1981. /s/ John F. Godbee Representative, 82nd District

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Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved March 19, 1981. COMPENSATION OF SHERIFFS IN CERTAIN COUNTIES (500,000 OR MORE) (550,000 OR MORE). No. 97 (House Bill No. 266). AN ACT To amend an Act providing for the compensation of sheriffs of all counties of this state having a population of 500,000 or more according to the United States decennial census of 1970 or any future such census, approved March 23, 1977 (Ga. Laws 1977, p. 3274), so as to change the provisions relative to population; to change the compensation of such sheriffs; to provide the 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 providing for the compensation of sheriffs of all counties of this state having a population of 500,000 or more according to the United States decennial census of 1970 or any future such census, approved March 23, 1977 (Ga. Laws 1977, p. 3274), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

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Section 1. (a) The annual salary of the sheriffs of all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census shall annually be set by the board of commissioners of such county and shall be not less than $37,500.00 per year. Said salary shall be payable in equal monthly installments out of the treasuries of such counties. (b) No provision of this Act shall modify any budget law in effect for such counties for any year subsequent to 1981. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981. MERIWETHER COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 100 (House Bill No. 450). AN ACT To amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. Laws 1949, p. 1947), as amended, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. Laws 1949, p. 1947), as

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amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The compensation of the chairman of the board of commissioners of Meriwether County shall be fixed by the board of commissioners at not more than $450.00 per month. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The compensation of the members, other than the chairman, of the board of commissioners of Meriwether County shall be fixed by the board of commissioners at not more than $250.00 per month. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. Laws 1949, p. 1947), as amended; and for other purposes. This 15th day of December, 1980. Claude A. Bray, Jr. Representative, 70th District Meriwether County Commissioners

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: December 19, 24, 31, 1980. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 28th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981. HEARD COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 102 (House Bill No. 598). AN ACT To amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of the fee system of compensation,

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approved March 29, 1973 (Ga. Laws 1973, p. 2452), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2856) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3251), so as to change the compensation of the judge of the probate court of Heard County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the judge of the probate court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. Laws 1973, p. 2452), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2856) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3251), is hereby amended by striking from Section 2 the following: $10,050, and inserting in lieu thereof the following: $12,850, so that when so amended, Section 2 shall read as follows: Section 2. The judge of the probate court shall receive an annual salary of $12,850 and, in addition thereto, shall receive $50 per month for holding and conducting elections and $100 per month for handling traffic cases. The compensation of the judge of the probate court shall be payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to change the

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compensation of the Judge of Probate Court of Heard County, Georgia; to provide for other matters relative thereto; and for other purposes. /s/ Barbara Rivers, Clerk of Commissioner, Heard County, Georgia Georgia, Heard County. Before me personally appeared B. T. McCutchen, who being duly sworn deposes and says that he is the publisher of the News and Banner and that the same is a public gazette published in the City of Franklin in Heard County, Georgia. It is the newspaper in which the sheriff's sales of said county are published. Deponent further says that the following legal advertisement has been published in said News and Banner on January 21, 1981; January 28, 1981; and February 4, 1981; being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cindy A. Hines Notary Public, State of Georgia. My Commission Expires 3/10/81. (Seal). Approved March 24, 1981.

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HEARD COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 103 (House Bill No. 599). AN ACT To amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, approved April 17, 1929 (Ga. Laws 1929, p. 638), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2459), an Act approved March 5, 1976 (Ga. Laws 1976, p. 2852), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3239), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, approved April 17, 1929 (Ga. Laws 1929, p. 638), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2459), an Act approved March 5, 1976 (Ga. Laws 1976, p. 2852), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3239), is hereby amended by striking from subsection (a) of Section 10 of said Act the following: $11,800, and inserting in lieu thereof the following: $14,200, so that when so amended, subsection (a) of Section 10 of said Act shall read as follows: (a) The tax commissioner shall receive an annual salary of $14,200, payable in equal monthly installments from the funds of Heard County. Except as otherwise provided in subsection (c), any clerical personnel which may be necessary for the tax commissioner to perform the duties of his office shall be paid by the tax commissioner out of his annual salary.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to change the compensation of the Tax Commissioner of Heard County, Georgia; to provide for other matters relative thereto; and for other purposes. /s/ Barbara Rivers, Clerk of Commissioner, Heard County, Georgia Georgia, Heard County. Before me personally appeared B. T. McCutchen, who being duly sworn deposes and says that he is the publisher of the News and Banner and that the same is a public gazette published in the City of Franklin in Heard County, Georgia. It is the newspaper in which the sheriff's sales of said county are published. Deponent further says that the following legal advertisement has been published in said News and Banner on January 21, 1981; January 28, 1981; and February 4, 1981; being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen

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Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cindy A. Hines Notary Public, State of Georgia. My Commission Expires 3/10/81. (Seal). Approved March 24, 1981. HEARD COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 104 (House Bill No. 600). AN ACT To amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. Laws 1973, p. 2449), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2858), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3255), so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. Laws 1973, p. 2449), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2858), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3255), is hereby amended by striking from Section 2 the following: $12,000.00,

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and inserting in lieu thereof the following: $14,400.00, 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 $14,400.00, 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 regular 1981 session of the General Assembly of Georgia a bill to change the compensation of the Clerk of Superior Court of Heard County, Georgia; to provide for other matters relative thereto; and for other purposes. /s/ Barbara Rivers, Clerk of Commissioner, Heard County, Georgia Georgia, Heard County. Before me personally appeared B. T. McCutchen, who being duly sworn deposes and says that he is the publisher of the News and Banner and that the same is a public gazette published in the City of Franklin in Heard County, Georgia. It is the newspaper in which the sheriff's sales of said county are published. Deponent further says that the following legal advertisement has been published in said News and Banner on January 21, 1981;

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January 28, 1981; and February 4, 1981; being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cindy A. Hines Notary Public, State of Georgia. My Commission Expires 3/10/81. (Seal). Approved March 24, 1981. HEARD COUNTYCOMPENSATION OF SHERIFF. No. 105 (House Bill No. 601). AN ACT To amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. Laws 1965, p. 2020), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2457), an Act approved March 5, 1976 (Ga. Laws 1976, p. 2854), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3242), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved

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February 9, 1965 (Ga. Laws 1965, p. 2020), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2457), an Act approved March 5, 1976 (Ga. Laws 1976, p. 2854), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3242), is hereby amended by striking from Section 1 the following: $14,500.00, and inserting in lieu thereof the following: $17,100.00, so that when so amended, Section 1 shall read as follows: Section 1. The present method of compensation for the Sheriff of Heard County, Georgia, is hereby changed from the fee system to the salary system, and the Sheriff of Heard County shall hereafter be paid on a salary basis. The sheriff shall be compensated in the amount of $17,100.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Heard County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the Sheriff of Heard County after the effective date of this Act, and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of Heard County or for any department or official of the State of Georgia. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to change the compensation of the Sheriff of Heard County, Georgia; to provide for other matters relative thereto; and for other purposes. /s/ Barbara Rivers, Clerk of Commissioner, Heard County, Georgia Georgia, Heard County. Before me personally appeared B. T. McCutchen, who being duly sworn deposes and says that he is the publisher of the News and Banner and that the same is a public gazette published in the City of Franklin in Heard County, Georgia. It is the newspaper in which the sheriff's sales of said county are published. Deponent further says that the following legal advertisement has been published in said News and Banner on January 21, 1981; January 28, 1981; and February 4, 1981; being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cindy A. Hines Notary Public, State of Georgia. My Commission Expires 3/10/81. (Seal). Approved March 24, 1981.

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HEARD COUNTYCOMPENSATION OF COUNTY COMMISSIONER. No. 106 (House Bill No. 602). AN ACT To amend an Act to create the office of Commissioner of Heard County, approved April 17, 1975 (Ga. Laws 1975, p. 4433), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3244), so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create the office of Commissioner of Heard County, approved April 17, 1975 (Ga. Laws 1975, p. 4433), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3244), is hereby amended by striking from Section 8 thereof the following: $14,500.00, and inserting in lieu thereof the following: $17,400.00, so that when so amended Section 8 shall read as follows: Section 8. The commissioner shall devote his full time to the office of Commissioner of Heard County, Georgia, and shall faithfully, honestly and diligently apply himself to conducting the business and financial affairs of Heard County for which he shall be compensated in the amount of $17,400.00 per year, such sum to be paid in equal monthly installments from the funds of Heard County. A vehicle belonging to the county shall be furnished to the commissioner, such vehicle to be used for county governmental purposes only, and the cost of gas, oil, repairs and maintenance shall be paid from the funds of Heard County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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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 1981 session of the General Assembly of Georgia a bill to change the compensation of the Commissioner of Heard County, Georgia; to provide for other matters relative thereto; and for other purposes. /s/ Barbara Rivers, Clerk of Commissioner, Heard County, Georgia Georgia, Heard County. Before me personally appeared B. T. McCutchen, who being duly sworn deposes and says that he is the publisher of the News and Banner and that the same is a public gazette published in the City of Franklin in Heard County, Georgia. It is the newspaper in which the sheriff's sales of said county are published. Deponent further says that the following legal advertisement has been published in said News and Banner on January 21, 1981; January 28, 1981; and February 4, 1981; being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cindy A. Hines Notary Public, State of Georgia. My Commission Expires 3/10/81. (Seal). Approved March 24, 1981.

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STEPHENS COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 108 (House Bill No. 687). AN ACT To amend an Act creating a Small Claims Court in and for Stephens County, approved February 29, 1980 (Ga. Laws 1980, p. 3063), so as to remove the minimum jurisdictional amount; to increase certain 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 and for Stephens County, approved February 29, 1980 (Ga. Laws 1980, p. 3063), is hereby amended by striking from subsection (a) of Section 1 of said Act the following: is greater than $200.00 but less than $3,500.00, and substituting in lieu thereof the following: does not exceed $3,500.00, so that when so amended subsection (a) of Section 1 of said Act shall read as follows: (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 does not exceed $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,

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in addition to the powers herein specifically granted, all the powers granted to justices of the peace in civil cases by the laws of the State of Georgia. Section 2. Said Act is further amended by striking from subsection (a) of Section 15 of said Act the following: $7.50, and substituting in lieu thereof the following: $8.50, and by striking from subsection (b) of Section 15 of said Act, where it first appears, the following: $5.00, and substituting in lieu thereof the following: $6.00, so that when so amended Section 15 of said Act shall read as follows: 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 $ 8.50 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 $ 6.00 (to be paid from the fee paid for service) 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%) percent of the first $250.00 and five (5%) percent on all sums over that amount, with the minimum of $5.00

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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 1981 Session of the General Assembly of Georgia a Bill to amend an Act creating the Small Claims Court of Stephens County (Georgia Laws 1980, Pages 3063 et seq.) to remove the minimum jurisdictional amount, to increase the fee for service of Notice of Hearing or Summons, and to increase the amount the bailiffs receive for serving Notice of Hearing or Summons. This 6th day of January, 1981. Stephens County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin, who, on oath, deposes and says that he is Representative from the 10th District, and that the aforesaid copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following dates: January 8, January 15, and January 22, 1981.

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/s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981. MERIWETHER COUNTYCOMPENSATION OF CORONER, CLERK OF SUPERIOR COURT, ETC. No. 109 (House Bill No. 715). AN ACT To amend an Act placing the sheriff, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended, particularly by an Act approved February 23, 1979 (Ga. Laws 1979, p. 3041), so as to change the compensation of the clerk of the superior court and the clerical help of the clerk of the superior court; to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether

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County on a salary basis in lieu of the fee system of compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended, particularly by an Act approved February 23, 1979 (Ga. Laws 1979, p. 3041), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The clerk of the Superior Court of Meriwether County shall be compensated in the amount of $15,700.00 per annum, to be paid in equal monthly installments from the funds of Meriwether County. The clerk is hereby authorized to appoint a deputy clerk whose compensation shall be determined by the board of commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County, but not to exceed $950.00 and not to be less than $700.00 per month. The clerk is hereby authorized to appoint a second deputy clerk whose compensation shall be determined by the board of commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County, but not to exceed $850.00 and not to be less than $625.00 per month. The clerk may employ such other clerks or secretarial help as he deems necessary, said employment and compensation of each to be as approved and determined by the board of commissioners of Meriwether County, to be paid from the funds of Meriwether County. Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The coroner of Meriwether County shall be compensated in the amount of $100.00 per month plus $35.00 for each investigation and $50.00 for summoning an inquest on a dead body and returning an inquisition, but the coroner shall not receive out of the county treasury more than $300.00 per month for his services. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an

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Act placing the sheriff, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended; and for other purposes. This 15th day of December, 1980. Claude A. Bray, Jr. Representative, 70th District Meriwether County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: December 19, 24, 31, 1980. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981.

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COLUMBUS, GEORGIACHARTER AMENDED. No. 110 (House Bill No. 750). 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, and as amended particularly by Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158; to declare the intent of the General Assembly; to provide for the Columbus Industrial and Port Development Commission; to amend the membership of the Columbus Industrial and Port Development Commission; to provide for the taxation of property financed with the proceeds of revenue bonds issued by the Columbus Industrial and Port Development Commission; to ratify, confirm, approve and validate actions of the Columbus Industrial and Port Development Commission; to repeal conflicting laws; to provide for an effective date; 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, and as amended particularly by Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158, is hereby amended as follows: Section 1. That it is the intent of the General Assembly of Georgia by enacting this Act to reinsert Section 4-623 of the Charter of Columbus, Georgia as if said Section had never been deleted from said Charter pursuant to Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158, to revise the composition of the membership of the Columbus Industrial and Port Development Commission, to ratify certain acts of the Columbus Industrial and Port Development Commission and to provide for the taxation of certain property financed with the proceeds

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of revenue bonds issued by the Columbus Industrial and Port Development Commission. Section 2. That all references to Section 4-623 of the Charter of Columbus, Georgia contained in Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158 are hereby deleted. Section 3. That Section 4-623 of the Charter of Columbus, Georgia is hereby reinserted in said Charter and shall read as follows: (1) There is hereby created for Columbus, Georgia, an agency to be known as the `Columbus Industrial and Port Development Commission.' Said Commission shall be a separate public entity and a public corporation. (2) The Commission shall consist of seven members who shall be appointed by the Council of Columbus, Georgia, and they shall serve for a term of five years and may be reappointed. Vacancies shall be filled for the unexpired term by the said Council. A majority of the members shall constitute a quorum, and a majority may act for the Commission in any matter. No vacancy shall impair the power of the Commission to act. (3) On the effective date of this Charter, the Muscogee County Industrial Development Authority, created by an amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945, as amended, and as ratified at the general election held on November 5, 1968 (Ga. L. 1967, p. 947), shall stand abolished. Thereupon, the Columbus Industrial and Port Development Authority created by this Section shall succeed, replace, and have the powers and duties in every respect and shall perform every function as were formerly possessed and performed by the Muscogee County Industrial Development Authority and all rights, privileges, obligations and powers heretofore vested therein by said constitutional amendment (Ga. L. 1967, p. 947) are hereby transferred to and vested in the Columbus Industrial and Port Development Commission and to such extent said constitutional amendment is continued in unimpaired force and effect. (4) On the effective date of this Charter, the Muscogee County Port Development Commission, created pursuant to an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia of 1945, as amended, and as ratified at the general

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election held on November 8, 1966 (Ga. L. 1965, p. 702), shall stand abolished. Thereupon the Columbus Industrial and Port Development Commission created by this Section shall succeed, replace, and have the powers and duties in every respect and shall perform every function as were formerly possessed and performed by the Muscogee County Port Development Commission, and all rights, privileges, obligations and powers heretofore vested therein by said constitutional amendment (Ga. L. 1965, p. 702) are hereby transferred to and vested in the Columbus Industrial and Port Development Commission and to such extent said constitutional amendment is continued in unimpaired force and effect. (5) Property, real or personal, acquired, constructed, equipped or installed from the proceeds of any revenue bonds issued by the Commission shall not be exempt from ad valorem property taxation without the approval of the Council, and in the event such property shall be owned by the Commission, the person, firm or corporation leasing such property from the Commission shall make payments to Columbus, Georgia, in lieu of ad valorem property taxes which would have been owed had the property been owned by such person, firm or corporation, unless such payment shall be waived by the Council. The revenue bonds of the Commission, their transfer and the income therefore shall at all times be exempt from taxation within the State of Georgia. Section 4. All actions of the Columbus Industrial and Port Development Commission, including, but not limited to, resolutions indicating an intention to issue bonds, taken since the effective dates of Ga. L. 1980, p. 3918 and Ga. L. 1980, p. 4158, are hereby ratified, confirmed, validated and approved. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 6. That this Act shall be effective as of January 1, 1981. Section 7. That all laws and parts of laws in conflict herewith are hereby repealed. Section 8. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the Certificates of the President and Publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are 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, 1981, for the passage of an Act Amending the Charter of Columbus, Ga., so as to create a Columbus Industrial and Port Development Commission. Lennie F. Davis City Attorney Columbus, Ga. 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 Publisher 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 9, 1981, January 16, 1981 and January 23, 1981. /s/ Glenn Vaughn, Jr.

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Sworn to and subscribed before me, this the 27th day of January, 1981. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 24, 1981. LEASE OF RECREATIONAL PROPERTY BY CERTAIN MUNICIPAL CORPORATIONS (300,000 OR MORE). No. 111 (House Bill No. 821). AN ACT To amend an Act approved April 11, 1967 (Ga. Laws 1967, p. 3022), as amended, which authorized certain municipal corporations to lease out property used for recreational purposes, and for other purposes, so as to provide for the lease of certain property formerly used for regional fairs for terms of not more than 50 years; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 11, 1967 (Ga. Laws 1967, p. 3022), as amended, which authorized municipal corporations with a population of more than 300,000 according to the 1960 or any future United States decennial census to lease recreational property for a term of four years, and for other purposes, is hereby amended by adding at the end of Section 3 the following: Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipal corporation to one or more private entities for

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terms of not more than 50 years each for development and use as motion picture and television production, processing and related facilities together with all such support and service facilities as are necessary or convenient to such use. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981. MAGISTRATE'S COURT OF CLARKE COUNTYJUDGE'S SALARY. No. 112 (House Bill No. 838). AN ACT To amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, into one court, approved March 30, 1977 (Ga. Laws 1977, p. 4450), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3375), so as to change the provisions regarding the salary of the judge of that 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 for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, into one court, approved March 30, 1977 (Ga. Laws 1977, p. 4450), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3375), is hereby further amended by striking from Section 11 of that Act the following:

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twenty-five thousand dollars ($25,000.00), and inserting in lieu thereof the following: $32,500.00, so that when so amended Section 11 of that Act shall read as follows: Section 11. The judge of this court shall receive a salary in the amount of not less than $32,500.00 per annum which shall be paid monthly and which shall not be decreased during his term of office except to apply to a subsequent term and which shall be paid monthly out of the treasury of the County of Clarke. This salary may be increased at any time upon the agreement of the Board of Commissioners of Clarke County, Georgia, and the Mayor and Council of the City of Athens, Georgia. The Mayor and Council of the City of Athens shall pay to the Board of Commissioners of Clarke County each year twenty-nine percent (29%) of the judge's salary. 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 local legislation will be introduced in the 1981 Session of the General Assembly of Georgia to amend an Act combining the Magistrate's Court of Clarke County Georgia and the Recorder's Court of the City of Athens, Georgia, (Ga. Law 1977, p. 4450), as amended, and for other purposes. This 24th day of December, 1980. Board of Commissioners of Clarke County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Argo who, on oath, deposes and says that he/she is Representative from the 63rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following dates: January 8, 15, 22, 1981. /s/ Bob Argo Representative, 63rd District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981. TOWN OF PINE MOUNTAINTOWN CLERK. No. 113 (House Bill No. 875). AN ACT To amend an Act entitled An Act to incorporate the Town of Chipley, in the County of Harris, and for other purposes, approved December 9, 1882 (Ga. Laws 1882-83, p. 265), as amended, particularly by an Act to change the name of the Town of Chipley to the

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Town of Pine Mountain, approved February 14, 1958 (Ga. Laws 1958, p. 2101), so as to provide for the office of town clerk; to abolish the office of recorder; to provide for the transfer of all powers, duties, and functions of the office of recorder to the office of town 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 entitled An Act to incorporate the Town of Chipley, in the County of Harris, and for other purposes, approved December 9, 1882 (Ga. Laws 1882-83, p. 265), as amended, particularly by an Act to change the name of the Town of Chipley to the Town of Pine Mountain, approved February 14, 1958 (Ga. Laws 1958, p. 2101), is hereby amended by inserting in Section IX of said Act after the word and symbol marshal, the following: town clerk,, so that when so amended, Section IX of said Act shall read as follows: Sec. IX. Be it further enacted by the authority aforesaid, That said mayor and council and recorder shall have authority to appoint a treasurer, marshal, town clerk, and such other officers as they may deem necessary and proper; and to regulate the time and mode by which they will elect said officers, fix their fees and salaries, to take their bonds, to prescribe their duties and oaths, and remove them from office for sufficient cause at their discretion. Section 2. Said Act is further amended by adding at the end thereof a new section following Section XVIII, to be designated Section XIX, to read as follows: Sec. XIX. On April 1, 1981, the office of recorder shall stand abolished and all powers, duties, and functions of the office of recorder shall be transferred to the office of town clerk. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. Notice is hereby given that local legislation amending the Charter of the Town of Pine Mountain will be introduced in the 1981 Session of the General Assembly of Georgia to abolish the office of Recorder and establish and transfer its functions to the office of City Clerk, and for other purposes, effective April 1, 1981. Town of Pine Mountain Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says that he/she is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: February 5, 12, 19, 1981. /s/ W. Randolph Phillips Representative, 91st District Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981.

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GILMER COUNTYSMALL CLAIMS COURT CREATED. No. 114 (House Bill No. 1013). AN ACT To create and establish a Small Claims Court of Gilmer County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal, and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms, and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Gilmer County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) In order to serve as judge of the small claims court created by this act, a person must be a resident of Gilmer 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.

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(b) The judge of said court shall meet the certification training requirements of justices of the peace in Georgia as now provided in The Georgia Justice Courts Training Council Act, approved March 14, 1978 (Ga. Laws 1978, p. 894), as now or hereafter amended. (c) 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 disqualified or unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, any judge of the Superior Court of Gilmer 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, 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, with the consent of the chief judge of the superior court, the clerk of the superior court to assume the duties of small claims court clerk. 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

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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 $12.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $12.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge; and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality.

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All attachment proceedings shall be tried by the judge and without a jury. (c) In all matters performed by the judge under the powers granted to justices of the peace in Georgia and not specifically provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace. Section 9. (a) The trial shall be conducted on the day set for a 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. (d) Upon the filing of a demand for jury trial by either party to a proceeding, the judge shall assess costs accrued to date and order the case transferred to the Superior Court of Gilmer County or to the State Court of Gilmer County. 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 may inquire

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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, not to exceed 10 percent of each payment. Section 13. The chief judge of the Superior Court of Gilmer 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

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judgmnent 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 61, to the superior court, shall be applicable to appeals from the small claims court to the superior court, the same to be a de novo appeal. All costs shall be paid prior to the filing of said 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 Gilmer County Ellija, Georgia 30540

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Page 3209

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

Page 3210

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 $15.00 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. 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. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly a bill to create a small claims court for Gilmer County; to provide for any matters relative thereto; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Courier which is the official organ of Gilmer County, on the following dates: January 29, February 5, 12, 1981. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981.

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QUITMAN COUNTYSMALL CLAIMS COURT CREATED. No. 115 (Senate Bill No. 26). AN ACT To create and establish a Small Claims Court in and for Quitman County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the duties, powers and compensation of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Quitman County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) The judge of the Probate Court of Quitman County shall serve ex officio as the judge of the Small Claims Court of Quitman County. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county.

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Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Quitman County, on application of said judge of the Small Claims Court who is unable to act, if such application is meritorious, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Provided, however, that after judgment is rendered in any case by a superior court judge, any further action with reference to collection shall be referred back to the Small Claims Court to be handled as provided herein. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration, except in those cases heard by the superior court judge such fees should go into the county treasury. 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 registered or certified mail with return receipt requested, 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. When notice is to be served by registered or certified mail, the clerk or the judge shall

Page 3214

enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice. Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $20.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $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

Page 3215

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 $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. 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.

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Section 11 . When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, 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 Quitman 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

Page 3217

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 Quitman County

Page 3218

Page 3219

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

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Section 22 . 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 $10.00. Section 23 . In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 24 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create and establish a Small Claims Court in and for Quitman County; and for other purposes. This 15th day of December, 1980. Robert A. Ellis, Probate Judge Georgetown, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on oath, deposes and says that he/she is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Quitman County, on the following dates: December 15, 22, 29, 1980. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 12th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981. FULTON COUNTYCIVIL SERVICE BOARD ACT AMENDED. No. 116 (Senate Bill No. 210). AN ACT To amend an Act creating a Civil Service Board in Fulton County, approved March 15, 1943 (Ga. Laws 1943, p. 971), as amended,

Page 3222

particularly by an Act approved March 6, 1945 (Ga. Laws 1945, p. 850), so as to provide for the position of law clerk for the Superior, State or Juvenile Court of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Civil Service Board in Fulton County, approved March 15, 1943 (Ga. Laws 1943, p. 971), as amended, particularly by an Act approved March 6, 1945 (Ga. Laws 1945, p. 850), is hereby amended by striking paragraph (n) of subsection (1) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (n) to read as follows: (n) The personal secretary or special bailiff or law clerk, not to exceed two employees in all, of any Judge of the Superior, State, or Juvenile Court of Fulton County; and the official court reporters thereof. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an act establishing a Civil Service Board of Fulton County, approved March 15, 1943, (Ga. L. 1943, p. 971); and for other purposes. This 10th day of December, 1980. John Tye Ferguson Associate County Attorney

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Coverdell who, on oath, deposes and says that he/she is Senator 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: Dec. 19, 26, 1980 and Jan. 2, 1981. /s/ Paul D. Coverdell Senator, 40th District Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981. SMALL CLAIMS COURTS ABOLISHED IN CERTAIN COUNTIES (6,825 - 6,925). No. 117 (Senate Bill No. 218). AN ACT To repeal an Act entitled An Act creating a Small Claims Court in each county in this state having a population of not less than 6,825

Page 3224

and not more than 6,925, according to the U. S. Decennial Census of 1960, or any future such census: providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of process therein; providing for a clerk and prescribing his remuneration; providing for a bailiff and prescribing his duties and his compensation; validating acts and proceedings therein; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes., approved March 10, 1966 (Ga. Laws 1966, p. 3372), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3179), and an Act approved February 18, 1977 (Ga. Laws 1977, p. 2649); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act creating a Small Claims Court in each county in this state having a population of not less than 6,825 and not more than 6,925, according to the U. S. Decennial Census of 1960, or any future such census: providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of process therein; providing for a clerk and prescribing his remuneration; providing for a bailiff and prescribing his duties and his compensation; validating acts and proceedings therein; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes., approved March 10, 1966 (Ga. Laws 1966, p. 3372), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3179), and an Act approved February 18, 1977 (Ga. Laws 1977, p. 2649), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Miller County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981. JONES COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 118 (Senate Bill No. 232). 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 provide 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: fifty dollars ($50.00), and inserting in lieu thereof the following: one hundred twenty-five dollars ($125.00), 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

Page 3226

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 one hundred twenty-five dollars ($125.00), payable out of the funds of Jones 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 1981 session of the General Assembly of Georgia a bill to amend an Act creating a new board of commissioners of Jones County, approved March 5, 1971 (Ga. Laws 1974, p. 2162), as amended; and for other purposes. This 2nd day of January, 1981. Culver Kidd Senator, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: January 1, 8, 15, 1981.

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/s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 23rd day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 24, 1981. SALARIES, ETC. OF OFFICERS IN CERTAIN COUNTIES (15,300 - 15,800). No. 129 (House Bill No. 959). AN ACT To amend an Act fixing the salary of certain county officers in each county in this state having a population of not less than 15,300 and not more than 15,800 according to the United States decennial census of 1970 or any future such census, approved March 30, 1977 (Ga. Laws 1977, p. 4268), as amended, so as to change the provisions relating to personnel in the office of the sheriff and the judge of the probate court; to provide compensation for the personnel of such offices; to provide for a monthly expense allowance for the sheriff, the clerk of the superior court, and the judge of the probate court; to change the expense allowance of the county commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act fixing the salary of certain county officers in each county in this state having a population of not less than 15,300 and not more than 15,800 according to the United States decennial census of 1970 or any future such census, approved March 30, 1977 (Ga. Laws 1977, p. 4268), 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. Notwithstanding any other provisions of law to the contrary, in each county of this state having a population of not less than 15,300 and not more than 15,800 according to the United States decennial census of 1970 or any future such census, the clerk of the superior court and the tax commissioner are each authorized to employ, with the approval of the county governing authority, all personnel necessary for the operation of their respective offices and for the performance of their respective duties. In such counties, each county officer listed in this section, with the approval of the county governing authority, shall set a base salary for each classification of employee hired by such county officer. Once a base salary has been fixed, it shall not be changed until notice of such change has been posted in an appropriate place in the courthouse for a period of three weeks immediately prior to the effective date of such change. Each employee of such county officer shall receive the base salary established for the employee's job classification plus the longevity pay authorized by Section 4. Section 2. Said Act is further amended by adding between Sections 2 and 3 new Sections 2A and 2B to read as follows: Section 2A. (a) Notwithstanding any other provisions of law to the contrary, in each county in this state having a population of not less than 15,300 and not more than 15,800 according to the United States decennial census of 1970 or any future such census, the sheriff is authorized to employ the following personnel at the following salaries: (1) One chief deputy at a base salary of $1,200.00 per month plus any longevity increases received by the person serving as chief deputy pursuant to Section 4 prior to the effective date of this section; (2) One investigator at a base salary of $1,050.00 per month plus any longevity increases received by the person serving as the

Page 3229

investigator pursuant to Section 4 prior to the effective date of this section; (3) Not less than five deputy sheriffs, each at a base salary of $975.00 per month plus any longevity increases received by the person serving as a deputy pursuant to Section 4 prior to the effective date of this section; and (4) Not less than four radio operators, each at a base salary to be fixed by the governing authority of the county upon the recommendation of the sheriff plus any longevity increases received pursuant to Section 4 prior to the effective date of this section. If the sheriff and the governing authority of the county cannot agree as to the base salary of such radio operators, the salary shall remain the same as the then current base salary. (b) The base salaries provided for in this section may be increased by the governing authority of the county upon posting notice of such change in an appropriate place in the courthouse for a period of three weeks immediately prior to the effective date of such change. (c) It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall serve as personnel in his office, to prescribe their duties and assignments, and to remove or replace such personnel at will and within his sole discretion. Section 2B. (a) Notwithstanding any other provisions of law to the contrary, in each county in this state having a population of not less than 15,300 and not more than 15,800 according to the United States decennial census of 1970 or any future such census, the judge of the probate court is authorized to employ two clerks in his office. Such clerks shall receive a base salary to be fixed by the governing authority of the county upon the recommendation of the probate judge plus any longevity increases received by a person serving as clerk pursuant to Section 4 prior to the effective date of this section. If the probate judge and the governing authority of the county cannot agree as to the base salary of such clerks, the salary shall remain the same as the then current base salary. (b) The base salaries provided for in this section may be increased by the governing authority of the county upon posting

Page 3230

notice of such change in an appropriate place in the courthouse for a period of three weeks immediately prior to the effective date of such change. (c) It shall be within the sole power and authority of the probate judge, during his term of office, to designate and name the persons who shall serve as clerks in his office, to prescribe their duties and assignments, and to remove or replace such personnel at will and within his sole discretion. Section 3. Said Act is further amended by designating the first sentence of Section 4 as subsection (a) and adding a new subsection (b) to read as follows: (b) In addition to the base salary provided for an employee of a county officer listed in Section 2A or Section 2B, each employee shall receive longevity pay set by such county officer in an amount of not less than 2 1/2 percent of the base salary for each year of service completed after the effective date of this section as an employee of such officer., so that when so amended Section 4 shall read as follows: Section 4. (a) In addition to the base salary provided for an employee of a county officer listed in Section 2, each employee shall receive longevity pay set by such county officer in an amount of not less than 2 1/2 percent of the base salary for each year of service completed after the effective date of this Act as an employee of such officer. (b) In addition to the base salary provided for an employee of a county officer listed in Section 2A or Section 2B, each employee shall receive longevity pay set by such county officer in an amount of not less than 2 1/2 percent of the base salary for each year of service completed after the effective date of this section as an employee of such officer. Section 4. Said Act is further amended by adding between Sections 4 and 5 a new section, to be designated Section 4A, to read as follows: Section 4A. Notwithstanding any other provisions of law to the contrary, in each county in this state having a population of not less

Page 3231

than 15,300 and not more than 15,800 according to the United States decennial census of 1970 or any future such census, the following county officers shall receive monthly expense allowances paid from county funds as follows: (1) County commissioner - $200.00; (2) Sheriff - $100.00; (3) Clerk of the superior court - $100.00; and (4) Judge of the probate court - $100.00. The $200.00 monthly expense allowance provided for the county commissioner in this section is in addition to the $100.00 expense allowance for such officer provided in Section 1. Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1981. MILLER COUNTYSMALL CLAIMS COURT. No. 132 (Senate Bill No. 27). AN ACT To create and establish a Small Claims Court of Miller County; to provide for the initial judge; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of Small Claims Court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a

Page 3232

clerk and prescribe his remuneration; to provide for a bailiff and prescribe his duties and his compensation; to validate acts and proceedings therein; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide for an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (Create, jurisdiction). There is hereby created and established a Small Claims Court of Miller County. Said court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court now or hereafter established in Miller County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (Judge). (a) The judge of the small claims court in Miller County who is serving on the effective date of this Act shall serve until the expiration of his current term of office and until his successor is appointed and qualified under subsection (b). (b) Thereafter the Governor shall appoint a citizen of Miller County to be judge of the small claims court for a term of four years and until his successor is appointed and qualified. Section 3. (Judge Pro Hac Vice). Whenever the judge of 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 Miller County or any judge of a state court located in Miller County, on application of any part or the said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. (Clerk). Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized.

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Section 5. (Fees). All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Section 6. (Actions). (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in Miller County by any official or person authorized by law to serve process in circuit courts; or by registered mail or certified mail, with return receipt, or by Small Claims Court Bailiff; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by U. S. postage authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a U. S. Post Office employee or U. S. 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 above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party

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demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of service of said notice; provided, however, that where service is made by registered mail or certified mail, the date of mailing shall be the date of service. Section 7. (Docket). A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. (Costs). The plaintiff, when he files his claim, shall deposit with the court the sum of fifteen dollars ($15.00), which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendant; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant, shall be ten dollars ($10.00); and in other matters (not specifically mentioned here) the costs shall be the same as provided for justices of the peace; and in claim cases and illegalities, instituted by a third party after levy, the costs shall be ten dollars ($10.00) to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of the court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. Section 9. (Claims). Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court, and the judge shall be entitled to ten dollars ($10.00) for every such claim case. The same practice and procedure

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shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such case, including the costs of a jury trial, shall be finally taxed against the party cost in said proceeding. Section 10. (Settlements). (a) On the day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their difference without a trial, he shall proceed with the hearing of the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 11. (Setoff). If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 12. (Judgments). When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts,

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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. (Rules). The judge of the superior court presiding in Miller County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Section 14. (Bailiffs). 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 Miller County, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued for or by said Small Claims Court, with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Section 15. (Jury trials). Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Section 16. (Liens). Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the Clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county.

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Section 17. (Appeals). Appeals may be had from judgments returned in a small claims court, to the Superior Court, and the same provisions now provided for by the law for appeals from probate courts to the Superior Court, shall be applicable to appeals from the small claims court to the Superior Court. Section 18. (Forms). Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent forms and shall be in lieu of any form now employed and of any form of summons now provided by law: Small Claims Court

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Page 3239

Section 19 . (Validation). All acts performed by the judge or clerk and all proceedings before the small claims court are hereby validated. Section 20. (Supplies). All forms, docket books, file jackets, filing cabinets and the like, required by this act shall be furnished by the Miller County Commissioners. Section 21. (Hearings). Such small claims court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and, also designate the times when attachments and executions are returnable and, also designate the time when each answer to summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 22. (Summons of Garnishment). A summons of garnishment may be served by the Sheriff or his deputies, or by a lawful constable or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. postal authorities marked refused giving the date of refusal and be signed or initialed

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by a U. S. Post Office employee or U. S. mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 23. (Fines). The judge of a Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty four hours any person guilty of contempt of court, such fines to be paid into the Miller County treasury or Miller County depository for county purposes. Section 24. (Fees). The fee of bailiff for the execution of a fi. fa. shall be four dollars, 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 per cent (10%) of the first $250.00 and five per cent (5%) on all sums over that amount, with a minimum of three dollars ($3.00). Section 25. (Processes, Actions, etc.) All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Miller County as it exists on the effective date of the Act shall be continued and shall be the same in the Small Claims Court of Miller County which is created by this Act. Section 26. (Intent). It is the intent of the General Assembly of Georgia to create a Small Claims Court of Miller County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Miller County as created by an Act approved March 10, 1966 (Ga. Laws 1966, p. 3372), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 27. (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

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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 28. (Effective Date). This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act To repeal an Act entitled `An Act creating a Small Claims Court in each county in this state having a population of not less than 6,825 and not more than 6,925, according to the U. S. Decennial Census of 1960, or any future such census: providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of process therein; providing for a clerk and prescribing his remuneration; providing for a bailiff and prescribing his duties and his compensation; validating acts and proceedings therein; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes.', approved March 10, 1966 (Ga. Laws 1966, p. 3372), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3179), and an Act approved February 18, 1977 (Ga. Laws 1977, p. 2649); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Miller County; to provide for other matters relative thereto; and for other purposes. This the 18th day of December, 1980.

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J. H. Timmons State Senator, District 11 Ralph J. Balkcom State Representative, District 140 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on oath, deposes and says that he/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 18, 25, 1980, January 1, 1981. /s/ Jimmy Hodge Timmons Senator, 11 District Sworn to and subscribed before me, this 12th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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COMPENSATION OF NAMED OFFICIALS OF CERTAIN COUNTIES (145,000 - 165,000). No. 133 (Senate Bill No. 88). 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, particularly by an Act approved March 21, 1980 (Ga. Laws 1980, p. 3723), so as to change the salaries of certain officials in said counties; to prohibit certain officials from engaging in the private practice of law; to provide for an automatic repeal of certain provisions; to provide for the applicability of other laws; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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, particularly by an Act approved March 21, 1980 (Ga. Laws 1980, p. 3723), is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) (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 $1,967.70 judge of probate court $2,358.40 tax commissioner $2,225.22 judge of state court $3,208.33 solicitor of state court $1,495.20 coroner $1,200.00 judge of civil court $2,416.66 associate judge of civil court $2,250.00 chairman, board of commissioners $ 783.33 county commissioners $ 583.33 district attorney $ 657.30 judges of the superior court $ 890.65 sheriff $2,575.65.

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Provided, however, that the judge of the state court and the associate judge of the civil court shall not be permitted to engage in the private practice of law. (2) Effective April 1, 1981, paragraph (1) of this subsection shall be null and void and shall stand repealed in its entirety. (b) Effective April 1, 1981, in all counties of this state having a population of not less than 171,000 nor more than 191,000 according to the 1980 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 $1,967.70 judge of probate court $2,358.40 tax commissioner $2,225.22 judge of state court $3,208.33 solicitor of state court $1,495.20 coroner $1,200.00 judge of civil court $2,416.66 associate judge of civil court $2,250.00 chairman, board of commissioners $ 783.33 county commissioners $ 583.33 district attorney $ 657.30 judges of the superior court $ 890.65 sheriff $2,575.65.

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Provided, however, that the judge of the state court and the associate judge of the civil court shall not be permitted to 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. Approved April 6, 1981. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (11,000 - 11,300). No. 134 (Senate Bill No. 120). AN ACT To repeal an Act entitled An Act to create and establish a Small Claims Court in and for certain counties; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to

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provide for validating the acts of said court and the proceedings therein; to provide for a referendum; to provide for severability; to repeal conflicting laws; and for other purposes., approved April 3, 1972 (Ga. Laws 1972, p. 3770); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create and establish a Small Claims Court in and for certain counties; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for a referendum; to provide for severability; to repeal conflicting laws; and for other purposes., approved April 3, 1972 (Ga. Laws 1972, p. 3770), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Camden County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. STATE COURT OF BALDWIN COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 136 (Senate Bill No. 131). AN ACT To amend an Act creating county courts in certain designated counties of this state, approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3314), so as to change the compensation provisions relating to the judge and the solicitor of the State Court of Baldwin 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 county courts in certain designated counties of this state, approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3314), is hereby amended by striking Section 1B in its entirety and inserting in lieu thereof a new Section 1B to read as follows: Section 1B. (a) The judge and the solicitor of the State Court of Baldwin County shall each receive an annual salary of $15,000.00, payable in equal monthly installments out of the funds of Baldwin County. (b) Beginning January 1, 1982, and continuing thereafter, the governing authority of Baldwin County shall be authorized, in its discretion, to supplement the salaries of the judge and the solicitor in

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an amount not to exceed $5,000.00 annually for each such officer, said supplements to be paid in equal monthly installments from county funds. 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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating county courts in certain designated counties of this state, approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended, so as to change the compensation of the judge and solicitor of said court; to provide for all other matters relative thereto; and for other purposes. This 22 day of Dec., 1980. Culver Kidd Senator, 25th District State of Georgia County of Baldwin. 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: Notice to introduce local legislation County Courts was inserted in space of legal advertisement as follows: December 26; January 2,9.

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/s/ Roger W. Coover, Publisher Subscribed and sworn before me, this 9th day of January, 1981. /s/ Nancy D. Veal Notary Public My Commission Expires: August 15, 1982. Approved April 6, 1981. BALDWIN COUNTYCOMPENSATION OF SHERIFF. No. 137 (Senate Bill No. 146). AN ACT To amend an Act placing the sheriff of Baldwin County on an annual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as amended, particularly by an Act approved February 13, 1970 (Ga. Laws 1970, p. 2036), so as to change the provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Baldwin County on an annual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as amended, particularly by an Act approved February 13, 1970 (Ga. Laws 1970, p. 2036), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

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Section 2. The sheriff of Baldwin County shall receive an annual salary of $24,500.00, payable in equal monthly installments from the funds of Baldwin 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 1981 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Baldwin County on an annual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as amended; and for other purposes. This 22 day of Dec., 1980. 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 Union-Recorder which is the official organ of Baldwin County, on the following dates: December 26, 1980 and January 2, 9, 1981.

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/s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 20th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. SEMINOLE COUNTYTAX COMMISSIONER'S COMPENSATION. No. 138 (Senate Bill No. 151). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector and creating the office of Tax Commissioner of Seminole County, approved February 25, 1949 (Ga. Laws 1949, p. 1238), as amended by an Act approved February 19, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2433), so as to change the compensation of the tax commissioner; to provide for an interim compensation; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector and creating the office of Tax Commissioner of Seminole County, approved February 25, 1949 (Ga. Laws 1949, p. 1238), as

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amended by an Act approved February 19, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2433), is hereby amended by striking in its entirety Section 3 of said Act which reads as follows: Section 3. That the salary of said Tax Commissioner shall be $3,600.00 per annum, to be paid from funds in the county treasury., and substituting in lieu thereof the following: Section 3. (a) The Tax Commissioner of Seminole County shall receive an annual salary of not less than $17,500.00 and not more than $22,500.00, the exact amount to be determined by the county commissioners. Said salary shall be paid in equal monthly installments from the funds of Seminole County. (b) The County Commissioners of Seminole County shall, in December of each year, determine the exact salary of the tax commissioner, and such salary shall become effective on January 1 of the year next following such determination. Section 2. Within seven days from the effective date of this Act, the County Commissioners of Seminole County shall set the salary of the Tax Commissioner of Seminole County at not less than $17,500.00 and not more than $22,500.00. This salary shall remain in effect until December 31, 1981, and until such time as the salary of the tax commissioner is set by the County Commissioners of Seminole County in accordance with an Act consolidating the office of tax receiver and tax collector and creating the office of Tax Commissioner of Seminole County, approved February 25, 1949 (Ga. Laws 1949, p. 1238), as amended. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to place the

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Tax Commissioner of Seminole County on an annual salary; to provide clerical help, to provide for the expenses of operating said office and the furnishing of supplies, materials, furnishings, furniture, utilities and equipment, and the repair and replacement of the same, and for other purposes. So dated this 5th day of December, 1980. Seminole County Board of Commissioners /s/ Louise Alday Louise Alday, Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on oath, deposes and says that he/she is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: December 11, 18, 25, 1980. /s/ Jimmy Hodge Timmons Senator, 11 District Sworn to and subscribed before me, this 13th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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SEMINOLE COUNTYJUDGE OF PROBATE COURT PLACED ON SALARY BASIS. No. 139 (Senate Bill No. 161). AN ACT To abolish the present method of compensating the Judge of the Probate Court of Seminole County, known as the fee system; to provide in lieu thereof an annual salary; to provide for the annual salary when there is a vacancy; to provide for setting the annual salary; to provide that all fees, fines, forfeitures, commissions, costs allowances, penalties, and funds of said officer shall become property of the county; to provide for the collection of such; to provide for periodic statements; to provide for the payment of operating expenses; to provide for the employment of personnel; to provide for the compensation of such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective July 1, 1981, the method of compensating the Judge of the Probate Court of Seminole 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) Effective July 1, 1981, the Judge of the Probate Court of Seminole County shall receive an annual base salary of not less than $22,300.00 and not more than $27,300.00, the exact amount to be determined by the county commissioners. (b) In the event there is a vacancy in the office of Judge of the Probate Court of Seminole County, the County Commissioners of Seminole County shall, prior to the vacancy being filled, determine, within the salary limitations provided in subsection (a), the base salary for the judge of the probate court for the remainder of that

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calendar year. Thereafter, the county commission shall set the base salary in accordance with subsection (d). (c) The annual salary provided for by this Act shall be paid in equal monthly installments from the funds of Seminole County and shall be the sole compensation of the judge of the probate court. (d) Prior to July 1, 1981, the County Commissioners of Seminole County shall determine the exact base salary of the judge of the probate court. Thereafter, the County Commissioners of Seminole County shall, in December of each year, determine the exact base salary of the judge of the probate court, and such base salary shall become effective on January 1 of the year next following such determination. Section 3. Effective July 1, 1981, the judge of the probate court shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs allowances, penalties, and funds formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4. The judge of the probate court shall have the authority to appoint one clerk who shall receive a monthly salary of not less than $600.00 per month and no more than $1,000.00 per month, payable in equal weekly installments, the exact amount to be determined by the governing authority of the county, with an annual increase at the sole discretion of the probate judge and governing authority. The judge of the probate court shall have the authority to hire such additional help as he and the governing authority shall agree upon. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the person or persons who shall be employed as clerk, to prescribe the duties and assignment of such clerk, and to remove or replace such clerk at will and within his sole discretion.

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Section 5. The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, telephones, utilities, uniforms and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the judge of the probate court and the governing authority of Seminole County. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to place the Judge of the Probate Court of Seminole County on an annual salary in lieu of the fee system of compensation; to provide for a Clerk, to provide for the expenses of operating said office and the furnishing of supplies, materials, furnishings, furniture, utilities and equipment, and the repair and replacement of the same, and for other purposes. So dated this 5th day of December, 1980. Seminole County Board of Commissioners /s/ Louise Alday Louise Alday, Clerk

Page 3257

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on oath, deposes and says that he/she is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: December 11, 18, 25, 1980. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 20th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. ACT CREATING PENSION SYSTEMS FOR POLICEMEN AND FIREMEN OF CERTAIN COUNTIES AMENDED (550,000 OR MORE) (600,000 OR MORE). No. 140 (Senate Bill No. 192). AN ACT To amend an Act approved April 25, 1969 (Ga. Laws 1969, p. 3652), relating to pensions for firemen and policemen in certain

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counties, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3391), so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census 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. An Act approved April 25, 1969 (Ga. Laws 1969, p. 3652), relating to pensions for firemen and policemen in certain counties, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3391), is hereby amended by striking therefrom whenever the same shall appear the figures 600,000 and inserting in lieu thereof the figures 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ACT PROTECTING PENSION RIGHTS IN CERTAIN COUNTIES AMENDED (550,000 OR MORE) (600,000 OR MORE). No. 141 (Senate Bill No. 193). AN ACT To amend an Act approved March 31, 1972, providing for the protection of pension rights in certain counties and cities (Ga. Laws

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1972, p. 3277), as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census 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. An Act approved March 31, 1972, providing for the protection of pension rights in certain counties and cities (Ga. Laws 1972, p. 3277), as amended, is hereby amended by striking from Section 1(a) thereof the figures 600,000 and inserting in lieu thereof the figures 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. COST OF CLEANING, ETC. PUBLIC WAYS IN CERTAIN COUNTIES (550,000 OR MORE). No. 142 (Senate Bill No. 196). AN ACT To provide that in all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census the county governing authority shall be empowered by ordinance or resolution to assess against property the cost of reopening, repairing or cleaning up from any public way, street, road, right of way, or highway any debris or other materials originating on such property as a result of any construction activity; to provide that the assessment shall be a lien enforced in the same manner as are county property taxes; to provide for other matters

Page 3260

relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census the county governing authority shall be empowered by ordinance or resolution to assess against any property the cost of reopening, repairing or cleaning up from any public way, street, road, right of way, or highway any debris, dirt, sediment, soil, trash, building materials, and other physical materials originating on such property as a result of any private construction activity carried on by any developer, contractor, subcontractor, or owner of such property. Section 2. Any assessment authorized under Section 1 hereof, the interest thereon and the expense of collection shall be a lien against the property so assessed coequal with the lien of other taxes and shall be enforced in the same manner as are state and county ad valorem property taxes by issuance of a fi. fa. and levy and sale as set forth in Georgia Code Title 91A, known as the Georgia Public Revenue Code. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981.

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ENFORCEMENT OF REGULATORY CODES IN CERTAIN COUNTIES (550,000 OR MORE). No. 143 (Senate Bill No. 204). AN ACT To provide that in all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census, any employee responsible for inspection and enforcement of regulatory codes, ordinances, regulations, rules, and orders shall have authority to issue citations to persons who violate any such codes, ordinances, regulations, rules, and orders; to provide that said citations shall be returnable to a regular session of a court having county-wide commitment jurisdiction; to provide for the powers and authorities of said court; to provide for the issuance of a warrant in the event that said citation is not obeyed; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census, any employee who is authorized to enforce any county code, ordinance, regulation, rule, or other order, including such related ordinances, codes, and regulations as drainage regulations, soil erosion and sedimentation control regulations, subdivision and zoning regulations, water and sewer regulations, and any other land development or construction regulations of such counties, shall have the authority to issue citations to any person who shall violate any such county code, ordinance, regulation, or order which shall be in effect in such counties. Such citations shall command the appearance of such person at a designated regular session of a court in said county having the jurisdiction of a commitment court throughout the entire county. At such time and place said court shall act as a court of inquiry with all the powers and authorities as specified in Georgia Code Chapter 27-4, as now or as may hereafter be amended. In the event that any such person shall fail to appear in response to said citation, a warrant shall be issued for the arrest of said person for violation of such county code, ordinance, regulation, rule, or order without the necessity of any further action.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. STATE COURT OF FULTON COUNTYSECRETARIES AND BAILIFFS FOR MAGISTRATES. No. 144 (Senate Bill No. 209). AN ACT To amend an Act creating a State Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3735), creating for said state court the Office of Magistrate, so as to provide that deputy marshals shall be bailiffs for the magistrates 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 a State Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3735), creating for said state court the Office of Magistrate, is hereby amended by striking Section 17 of said amendatory Act in its entirety and substituting in lieu thereof a new Section 17 to read as follows: Section 17. Each magistrate shall be provided with a secretary and, as required, a Fulton County Deputy Marshal shall serve as bailiff of the court.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an act establishing a State Court of Fulton County, approved March 24, 1976, (Ga. L. 1976, p. 3023); and for other purposes. This 10th day of December, 1980. John Tye Ferguson Associate County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Coverdell who, on oath, deposes and says that he/she is Senator 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: Dec. 19, 26, 1980 and Jan. 2, 1981. /s/ Paul D. Coverdell Senator, 40 District

Page 3264

Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF FULTON COUNTYCOURT COSTS. No. 145 (Senate Bill No. 211). 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 March 18, 1980 (Ga. Laws 1980, p. 3309), so as to change the cost deposit requirements and the costs 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 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 March 18, 1980 (Ga. Laws 1980, p. 3309), is hereby amended by striking Section 44 in its entirety and substituting in lieu thereof a new Section 44 to read as follows: 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

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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 proceedings. 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 $450.00 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 subparagraph (4) of paragraph A. of subsection (d) of Section 49 in its entirety and substituting in lieu thereof a new subparagraph (4) to read as follows: (4) For affidavit to obtain and issue alias fi.fa. $ 2.50. Section 3. Said Act is further amended by striking subparagraph (9) of paragraph C. of subsection (d) of Section 49 in its entirety and substituting in lieu thereof a new subparagraph (9) to read as follows: (9) For serving subpoenas, motions, orders, and certified copies from other courts or any pleading after judgment in this court....$10.00. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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

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of the State Court of Fulton County), approved August 20, 1913, (Ga. L. 1913, p. 145); and for other purposes. This 10th day of December, 1980. John Tye Ferguson Associate County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Coverdell who, on oath, deposes and says that he/she is Senator 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: Dec. 19, 26, 1980 and Jan. 2, 1981. /s/ Paul D. Coverdell Senator, 40 District Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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STATE COURT OF FULTON COUNTYCHIEF CLERK. No. 146 (Senate Bill No. 214). AN ACT To amend an Act creating a State Court of Fulton County by consolidating the Criminal Court of Fulton County and the Civil Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended, so as to provide that the duties and responsibilities of the chief clerk shall also include those of administrator for said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a State Court of Fulton County by consolidating the Criminal Court of Fulton County and the Civil Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended, is hereby amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Section 7. There shall be a chief clerk of the State Court of Fulton County who shall be responsible for the operation of the civil and criminal divisions of the clerk's office. In addition, the chief clerk of the State Court of Fulton County shall also be the administrator for said court, with such administrative duties and responsibilities as shall be assigned to him by the chief judge of said court. The chief clerk shall be elected by the judges of the court from among the qualified electors and residents of Fulton County. The chief clerk shall receive such compensation as may be fixed by the Board of Commissioners of Fulton County. The chief clerk shall have such powers and duties as may be prescribed by the judges of the state court. Such chief clerk shall also serve as the clerk of the civil division of the court or as clerk of the criminal division of the court but not in both positions. Section 2. This Act shall become effective on the first 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 1981 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 December, 1980. John Tye Ferguson Associate County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul D. Coverdell who, on oath, deposes and says that he/she is Senator 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: Dec. 19, 26, 1980 and Jan. 2, 1981. /s/ Paul D. Coverdell Senator, 40 District

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Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. GORDON COUNTYOFFICE OF COUNTY COMMISSIONER CREATED, ETC., REFERENDUM. No. 148 (Senate Bill No. 241). AN ACT To abolish the Board of Commissioners of Gordon County and recreate the office of commissioner of Gordon County as the governing authority thereof; to provide for elections, terms, and vacancies; to provide for oaths and bonds; to provide for rights, duties, responsibilities, and powers; to provide for purchases and sales; to prohibit certain conflicts of interest; to provide for records; to prohibit certain uses of county property; to provide for audits; to provide for compensation, expenses, and allowances; to provide for budgets and a fiscal year and other matters relating to the financial affairs of the county; to provide for county employees; to provide penalties; to provide for a referendum; to repeal specifically certain Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There is hereby created in and for Gordon County the office of commissioner of Gordon County. Upon taking office as provided in this section, the commissioner of Gordon County shall constitute the governing authority of Gordon County. The commissioner

Page 3270

shall be vested with the control and management of the affairs of said county including, but not limited to, all powers and duties heretofore lawfully vested in the Board of Commissioners of Gordon County. (b) The Board of Commissioners of Gordon County existing immediately prior to the effective date of this section shall continue to serve until the election and qualification of the successor commissioner created by this section, at which time the board shall be abolished. (c) Not less than five nor more than ten days after this section becomes effective, the election superintendent of Gordon County shall issue the call for a special nonpartisan election for the purpose of electing the commissioner of Gordon County created by this section. The election superintendent shall set the date of such election for a day not less than 30 nor more than 35 days after the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gordon County. (d) The person elected as commissioner of Gordon County in the special election provided in this section shall serve for a term beginning on the first Monday immediately following the date upon which are certified the final results of that election and ending December 31, 1984, and until the election and qualification of a successor. Every such successor shall be elected in the general election immediately preceding the end of the term of office of the incumbent commissioner of Gordon County and shall serve for a term of four years beginning on the first day of January immediately following that election and until the election and qualification of a successor. Section 2. Before entering upon the duties of his office, the commissioner shall subscribe to the oath required by law of county officers and shall also give bond, with good security, payable to the Governor of this state, and his successors in office, in the sum of $100,000.00, conditioned for the faithful performance of his duties as commissioner, which bond shall be approved by the judge of the probate court of said county. Any cost arising from the execution of this bond shall be paid from the general funds of the county. Section 3. The commissioner shall have the sole right to lay out, open, change, or discontinue public roads of said county when and

Page 3271

where necessary, according to the laws now in force and effect, and shall have the sole management of the working of said roads. Road work shall be accomplished either by hired labor or by contract, whichever is most economical for the county. Contracts for public works will be let in accordance with the general laws of this state. Section 4. The commissioner may purchase necessary machinery, tools, equipment, supplies, and services, hereinafter referred to collectively as goods and services, for county use. All purchases of goods and services where the purchase price is expected to be in excess of $1,000.00 shall be made by a sealed competitive bid. Notice of the time and place that bids will be received and opened shall be advertised in the local organ of the county once each week for two weeks prior to the opening of such bids. Such notice shall also include a description and specifications of the item or items to be purchased. All bids shall be received in sealed envelopes and shall be opened and thereafter filed for two years in the office of the commissioner for public inspection. Goods and services shall be purchased from the lowest responsible bidder. Such goods and services shall not be purchased unless sealed competitive bids are received from not less than two bidders. This section shall not apply to repairs of goods. Section 5. When any county personal property with an acquisition value of $1,000.00 or more has become unserviceable, the commissioner will certify in writing that such equipment is no longer serviceable. Upon such certification, the commissioner shall at public sale sell the unserviceable property and remit the proceeds from the sale to the treasury of the county. It shall be unlawful for the office of the commissioner to sell such county personal property except by competitive sealed bids or at public auction after advertisement for such bids or auction in the official organ of Gordon County one a week for two consecutive weeks. Such advertisements shall give a complete description of the property being offered for sale. The highest of such bids submitted must be accepted. The high bidder shall pay for the property in cash, certified check, or cashier's check only at the time of sale. A file of all sealed bids received shall be retained for a period of two years by the clerk of the commissioner and shall be open to the public for inspection at any time within such two-year period. The commissioner may dispose of unserviceable county property having an acquisition value of less than $1,000.00 in any manner deemed in the best interest of the county. Any proceeds received therefrom shall be deposited in the county treasury.

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Section 6. It shall be unlawful for the commissioner to have any financial interest in the sale or purchase of any article to or from the county or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment, materials, or supplies for the county or the awarding of any contract to the county. Section 7. It shall be the duty of the commissioner to maintain a permanent record of all county real property and personal property having an acquisition cost of $100.00 or more. The permanent record of personal property shall include the name of the item, make and serial number, date of purchase and purchase price and, if applicable, the date of disposal and disposal price. An annual inventory of the aforesaid property shall be taken on or before October 15 of each year and the inventory shall be reconciled with the permanent record. A list of property added to or deleted from the permanent record shall be included in the annual audit of the financial statements of Gordon County. Section 8. The use of the Gordon County account to charge purchases of any kind for personal use of county officials or county employees or for any other individual is prohibited. Section 9. It shall be unlawful for the commissioner or anyone acting under his authority or appointment to use, either directly or indirectly, any automobile or other property owned by Gordon County for his or their own private profit or pleasure, and any person violating the provisions of this section, upon conviction thereof, shall be guilty of a misdemeanor. Section 10. (a) It shall be the duty of the commissioner of Gordon County to have conducted an annual certified audit of the financial affairs of Gordon County. This certified audit requirement excludes the Gordon County Department of Education. The person or persons making such certified audit shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The annual certified audit shall be made in accordance with generally accepted auditing procedures as promulgated by the American Institute of Certified Public Accountants. The auditor shall state in the report of certified audit if county funds have been misappropriated during the period of time covered by the certified audit. The auditor shall submit a report of certified audit to the grand jury and

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the commissioner not later than 120 days after the close of the year covered by the certified audit. (b) All certified audits as provided for herein shall be reproduced in sufficient number and five copies shall be delivered and filed with the clerk of the Superior Court of Gordon County, and such copies shall be maintained in the clerk's office for public inspection. (c) Notice that the annual certified audit has been filed in the clerk's office shall be published in the legal organ of Gordon County. (d) The compensation of such auditor shall be fixed by agreement between the commissioner and the auditor selected to make such certified audit. The compensation of said auditor as determined herein shall be payable from the funds of Gordon County. Section 11. No officer or employee of Gordon County or of any agency thereof shall be interested, directly or indirectly, in any contract made with the county or receive any profit or emolument for any purchase or sale of material or other articles sold to the county or paid for from the public revenues of the county. Nepotism by any official or employee of the county is forbidden. Section 12. The commissioner shall keep a book or books of records in which shall be recorded all official acts; and he shall be authorized to give orders or draw warrants against the county on funds arising from the ad valorem tax for public road purposes and on any other fund that may come into said county treasury for use and expenditure on county improvements. Section 13. (a) The commissioner shall devote full time to his office as commissioner of Gordon County. (b) The compensation of the commissioner shall be $25,000.00 per annum, payable in equal monthly installments from funds of Gordon County. The commissioner shall be furnished with an automobile to be used for county purposes only. The purchase, maintenance, and other operating expenses of such automobile shall be paid for from county funds. The commissioner shall also be reimbursed for reasonable expenses incurred in the conduct of county business.

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Section 14. Each department which operates a county fund, except the board of education, shall submit an annual budget to the commissioner on or before July 1 of each year. The commissioner shall then review and adopt, or amend if necessary and adopt, a budget for the county by September 1 of each year, which when so adopted shall constitute the commissioner's appropriation of all funds for the fiscal year beginning October 1. A copy of the budgets submitted to the commissioner by July 1 of each year and any amendments thereto adopted by the commissioner shall be submitted to the grand jury for review and comments by said grand jury. In the event there is a need for a supplemental appropriation, the justification therefor shall be presented to the grand jury in session for review and comment prior to its adoption. The commissioner shall publish the budget and any approved supplemental appropriation in the official organ of Gordon County within 30 days after adoption. Section 15. The commissioner shall publish an itemized list of all warrants and checks issued for each immediately preceding four-month period within 30 days following each such period commencing with the effective date of this section. The itemized list shall be posted on the bulletin board of the Gordon County courthouse and maintained thereon for at least 30 days. Section 16. (a) The commissioner is hereby authorized to appoint a full-time clerk and a full-time road superintendent who shall serve at the pleasure of the commissioner. The clerk and road superintendent shall receive such compensation as shall be fixed by the commissioner, and such compensation shall be payable in equal monthly installments from the funds of Gordon County. The clerk and road superintendent shall each give bond for the faithful performance of their duties in the sum of $25,000.00, payable to the commissioner of Gordon County. It shall be the duty of the clerk to keep a book of minutes and other records and do such clerical work as is necessary in carrying out the work of his office. The commissioner is hereby authorized to employ such additional office personnel as he deems necessary. The commissioner is further authorized to hire a county attorney. (b) No person employed by Gordon County shall be related to the county commissioner as follows: (1) Mother or mother-in-law;

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(2) Father or father-in-law; (3) Sister or sister-in-law; (4) Brother or brother-in-law; (5) Grandmother or grandmother by marriage; (6) Grandfather or grandfather by marriage; (7) Aunt or aunt by marriage; (8) Uncle or uncle by marriage; (9) Son or son-in-law; or (10) Daughter or daughter-in-law. Section 17. (a) When a vacancy occurs in the office of commissioner in Gordon County and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court of Gordon County to call a special election to elect a successor and fill said vacancy in not less than 60 nor more than 90 days, said election to be held as provided by existing laws governing all special elections and the cost of same to be defrayed by the proper county authorities. The judge of the superior court of the county shall have the power to appoint a successor to fill the vacancy for the 60-90 day period prior to the election. (b) In the event the unexpired term to be filled is six months or less in duration, the judge of the superior court of the county shall have power to appoint a successor to fill the unexpired term. Section 18. After the approval of this Act by the Governor or after it otherwise becomes law, and within ten days after the voting plan proposed herein has been approved in accordance with Section 5 of the Voting Rights Act of 1965, as amended, the election superintendent of Gordon County shall issue the call for an election for the purpose of submitting this Act to the electors of Gordon County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 days nor more than 35 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

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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 abolishing the Board of Commissioners of Gordon County and re-creating the office of commissioner of Gordon 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 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. For purposes of this section, a voting plan shall be deemed to have been approved in accordance with Section 5 of the Voting Rights Act of 1965, as amended, upon whichever of the following is first to occur: (1) Notification by the Attorney General of the United States that he does not intend to object to the plan; (2) Expiration of the time period during which the Attorney General of the United States may object to the plan, without such objection having been made; (3) Withdrawal by the Attorney General of the United States of all objections to the voting plan; (4) Expiration of the time period during which an appeal may be had of a declaratory judgment, of the United States District Court for the District of Columbia, which approved the voting plan, if no such appeal has been filed; or (5) United States Supreme Court affirmance of or refusal to review a declaratory judgment, of the United

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States District Court for the District of Columbia, which approved the voting plan. Section 19. An Act creating the office of commissioner of Gordon County, approved March 21, 1974 (Ga. Laws 1974, p. 2522), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2719), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3115), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4144), is hereby repealed in its entirety. 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Board of Commissioners of Gordon County, approved March 21, 1974 (Ga. Laws 1974, p. 2522), as amended particularly by an act approved March 13, 1975 (Ga. Laws 1975, p. 2319), so as to abolish the Board of Commissioners of Gordon County, and recreate the office of Commissioner of Gordon County; to provide for all matters relative to the foregoing; to provide for a referendum; to provide an effective date; and for other purposes. This 24th day of December, 1980. Max Brannon Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max Brannon who, on oath, deposes and says that he/she is Senator from the 51st District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the Calhoun Times and Gordon Co. News which is the official organ of Gordon County, on the following dates: December 31, 1980, January 7, January 14, 1981. /s/ Max Brannon Senator, 51st District Sworn to and subscribed before me, this 4th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. DISPOSITION OF CERTAIN ACCUSATIONS IN CRIMINAL COURTS OF CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). No. 149 (Senate Bill No. 258). AN ACT To amend an Act approved April 13, 1973, providing for the disposition of certain accusations in the criminal court of certain counties (Ga. Laws 1973, p. 2674), as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census; 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 approved April 13, 1973, providing for the disposition of certain accusations in the criminal court of certain counties (Ga. Laws 1973, p. 2674), as amended, is hereby amended by striking from Section 1 thereof the figure 600,000 and inserting in lieu thereof the figure 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ACT PERTAINING TO RECORDING OF PLATS IN CERTAIN COUNTIES AMENDED (600,000 OR MORE) (550,000 OR MORE). No. 150 (Senate Bill No. 259). AN ACT To amend an Act approved March 17, 1960 (Ga. Laws 1960, p. 3196), as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3385), pertaining to recording of plats in certain counties, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, 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. An Act approved March 17, 1960 (Ga. Laws 1960, p. 3196), as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3385), pertaining to recording of plats in certain

Page 3280

counties, is hereby amended by striking from Section 1 thereof the figure 600,000, and inserting in lieu thereof the figure 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. MEMBERS OF CIVIL SERVICE BOARDS IN CERTAIN COUNTIES (600,000 OR MORE)(550,000 OR MORE) No. 153 (Senate Bill No. 264). AN ACT To amend an Act approved April 11, 1979, pertaining to the qualifications of members of the civil service board in certain counties (Ga. Laws 1979, p. 4346), as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, 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. An Act approved April 11, 1979, pertaining to the qualifications of members of the civil service board in certain counties (Ga. Laws 1979, p. 4346), as amended, is hereby amended by striking from Section 1 thereof the figure 600,000 and inserting in lieu thereof the figure 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ALCOHOLIC BEVERAGESSALE HOURS IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE) No. 155 (Senate Bill No. 266). AN ACT To amend an Act approved March 23, 1977, authorizing the sale of alcoholic beverages during certain hours in certain counties (Ga. Laws 1977, p. 843), as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, 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. An Act approved March 23, 1977, authorizing the sale of alcoholic beverages during certain hours in certain counties (Ga. Laws 1977, p. 843), as amended, is hereby amended by striking from Section 1 thereof the figure 600,000, and inserting in lieu thereof the figure 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ISSUANCE OF CITATIONS BY ZONING AND BUILDING INSPECTORS IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). No. 161 (Senate Bill No. 272). AN ACT To amend an Act approved April 24, 1975, authorizing Zoning and Building Inspectors to issue citations in certain counties (Ga. Laws 1975, p. 4531), as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, 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. An Act approved April 14, 1975, authorizing Zoning and Building Inspectors to issue citations in certain counties (Ga. Laws 1975, p. 4531), as amended, is hereby amended by striking the figure 600,000, and inserting in lieu thereof the figure 550,000, in Section 1 thereof. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ACT CREATING JOINT CITY-COUNTY TAX BOARDS IN CERTAIN COUNTIES AMENDED (600,000 OR MORE) (550,000 OR MORE). No. 163 (Senate Bill No. 274). AN ACT To amend an Act approved February 15, 1952 (Ga. Laws 1952, p. 2825), providing for a joint city-county tax board in certain counties, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3390), so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, 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. An Act approved February 15, 1952 (Ga. Laws 1952, p. 2825), providing for a joint city-county tax board in certain counties, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3390), is hereby amended by striking therefrom whenever the same shall appear the figure 600,000 and inserting in lieu thereof the figure 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ACT PROVIDING FOR BUDGET COMMISSIONS IN CERTAIN COUNTIES AMENDED (600,000 OR MORE) (550,000 OR MORE). No. 164 (Senate Bill No. 275). AN ACT To amend an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2815), providing for a budget commission in certain counties, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3389), so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, 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. An Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2815), providing for a budget commission in certain counties, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3389), is hereby amended by striking therefrom wherever the same shall appear the figure 600,000 and inserting in lieu thereof the figure 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ALCOHOLIC BEVERAGESSALE HOURS ON SUNDAYS IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). No. 166 (Senate Bill No. 277). AN ACT To amend an Act approved March 23, 1977, authorizing the sale of alcoholic beverages during certain hours on Sundays in certain counties (Ga. Laws 1977, p. 844), as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more, according to the 1970 census, 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. An Act approved March 23, 1977, authorizing the sale of alcoholic beverages during certain hours on Sundays in certain counties (Ga. Laws 1977, p. 844), as amended, is hereby amended by striking from Section 1 thereof the figure 600,000 and inserting in lieu thereof the figure 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. PROBATE COURT JUDGES OF CERTAIN COUNTIES MAY ADMINISTER CERTAIN OATHS (600,000 OR MORE) (550,000 OR MORE). No. 169 (Senate Bill No. 280). AN ACT To amend an Act approved April 3, 1972, authorizing the ordinary (now probate judge) of certain counties to administer certain oaths (Ga. Laws 1972, p. 3332), as amended, so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, 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. An Act approved April 3, 1972, authorizing the ordinary (now probate judge) of certain counties to administer certain oaths (Ga. Laws 1972, p. 3332), as amended, is hereby amended by striking the figure 600,000 and inserting in lieu thereof the figure 550,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. PUTNAM COUNTYSMALL CLAIMS COURT CREATED. No. 170 (Senate Bill No. 300). AN ACT To create and establish a Small Claims Court of Putnam County; to provide for the initial judge; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of such Small Claims Court; to provide that the judge of said court shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established in Putnam County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to prescribe that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to validate certain acts; to provide for the continuation of certain processes, actions, suits, and cases; to provide for the appointment of subsequent judges; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for serverability; to provide an effective date; to provide conditions for 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. There is hereby created and established a Small Claims Court of Putnam County. Such court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $3,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in Putnam County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Putnam County, at least twenty-two years of age, and must be a person of outstanding character and integrity. (b) All other officers appointed to or employed by said court now or hereafter provided must be at least twenty-one years of age and must be residents of Putnam 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 Putnam County or any judge of a city court located in Putnam 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 to be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual,

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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 in Putnam County by an official or person authorized by law to serve process in the Superior Court or by a duly qualified bailiff of a Small Claims Court; or by registered mail or certified with receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by United States Postal Authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States Post Office employee or United States Mail Carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs not to exceed $10.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount.

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(g) Said notice shall provide the day and hour of the hearing, which shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $10.00, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $10.00 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. All attachment proceedings shall also be tried by the judge and without a jury. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.

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(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the Superior Court presiding in Putnam 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 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 Putnam County, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including

Page 3292

the power to serve any and all processes and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in Section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. The sheriff of Putnam 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. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 16. Appeals may be had from judgments returned in the Small Claims Court, to the Superior Court, and the same provisions now provided for by law for appeals from probate courts to the Superior Court, shall be applicable to appeals from the Small Claims Court to the Superior Court, the same to be a de novo appeal. Section 17. Until otherwise provided by rules of court, the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court

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Page 3294

Section 18. (a) The judge of the Small Claims Court in Putnam County who is serving on the effective date of this Act shall serve until June 30, 1981, and until his successor is appointed and qualified under subsection (b). (b) During the month of June, 1981, in which month expires the term of office of the judge of the Small Claims Court in Putnam County, and during the month of June each four years thereafter, it shall be the duty of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within Putnam County, meeting in caucus, to appoint a successor, with the approval of the Governor, who shall take office on the first day of July following his appointment to serve for four years and until his successor is appointed and qualified. The judge of the Small Claims Court shall be exempt from jury duty in any other court in Putnam County.

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Section 19. All forms, docket books, file jackets, filing cabinets and the like, required by this Act, shall be furnished by the Putnam County Commissioners, and they shall also provide a suitable room in the courthouse for the holding of said court. Section 20. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and, also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 21. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court Bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by the United States Postal Authorities marked refused, giving the date of refusal and be signed or initialed by a United States Post Office employee or United States Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 22. The judge of the Small Claims Court of Putnam County shall have the power to impose fines of not more than $50.00

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or imprison for not longer than five days any person guilty of contempt of court, such fines to be paid into the Putnam County treasury or depository for county purposes. Section 23. The fee of bailiff of sheriff for the execution of a fi fa shall be $5.00, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be 10 per cent (10%) of the first $250.00 and 5 per cent (5%) on all sums over that amount, with a minimum of $5.00. Section 24. All mesne and final processes and all actions, suits, or cases which are pending in the Small Claims Court in Putnam County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Putnam County which is created by this Act. Section 25. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Putnam County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing Small Claims Court in Putnam County as created by an Act approved March 24, 1970 (Ga. Laws 1970, p. 3423), which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 26. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 27. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act creating and establishing a Small Claims Court in each county having a population of not less than 7,500 and not more than 7,900 according to the official United States decennial census of 1960 or any future such census; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications,

Page 3297

substitutions and tenure of the office of the judge of such Small Claims Court; to provide that the judge of said court shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established in the county wherein such judge presides; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to prescribe that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for the validating of the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.', approved March 24, 1970 (Ga. Laws 1970, p. 3423); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Putnam County; to provide for other matters relative thereto; and for other purposes. This the 22nd day of December, 1980. Bobby E. Parham

Page 3298

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 Eatonton Messenger which is the official organ of Putnam County, on the following dates: January 1, 8, 15, 1981. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. EVANS COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 171 (Senate Bill No. 302). AN ACT To amend an Act creating the Small Claims Court of Evans County, approved February 11, 1977 (Ga. Laws 1977, p. 2616), so as to change the provisions relating to commencement of actions and

Page 3299

service; to change the provisions relating to costs; to delete the provisions relating to jury trials; to change the provisions relating to appeals; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Small Claims Court of Evans County, approved February 11, 1977 (Ga. Laws 1977, p. 2616), is hereby amended by striking subsections (b) through (g) of Section 6 in their entirety and substituting in lieu thereof new subsections (b) through (f) to read as follows: (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 30 days from the date of the service of said notice. 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:

Page 3300

Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule set forth in subsection (b) of this section, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. (b) The sum to be deposited by the plaintiff with the court shall be as follows: When the amount of the claim is: The deposit shall be: Up to $500 $ 10.00 Over $500 but not over $1,000 15.00 Over $1,000 but not over $1,500 20.00 Over $1,500 but not over $2,000 25.00 Over $2,000 30.00 (c) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 3. Said Act is further amended by striking Section 15, which reads as follows: Section 15. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and the defendant having three

Page 3301

strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses., in its entirety. Section 4. Said Act is further amended by striking Section 17 in its entirety and substituting in lieu thereof a new Section 17 to read as follows: Section 17. 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 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Evans County, approved February 11, 1977 (Ga. Laws 1977, p. 2616); and for other purposes. This 19th day of January, 1981. Norman DeLoach Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County, on the following dates: January 22, 29, and February 5, 1981.

Page 3302

/s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. NEWTON COUNTYINDUSTRIAL DEVELOPMENT AUTHORITY ACT AMENDED. No. 172 (Senate Bill No. 303). AN ACT To provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Newton County Industrial Development Authority, created by an amendment to the Constitution which was ratified at the general election held in 1964 and which is set out in Georgia Laws 1964, pp. 825 through 831, is hereby given the same rights, powers, privileges, exemptions, and immunities as a development authority within the meaning of an Act known as the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137),

Page 3303

as now or hereafter amended. In such capacity and within the meaning of the Development Authorities Law, the Newton County Industrial Development Authority is authorized to undertake and carry out any project and exercise any power as any development authority subject to the provisions of the Development Authorities Law. For such purposes, the definition of project and the duties, rights, responsibilities, and obligations of a development authority, as set forth in the Development Authorities Law, as now or hereafter amended, are incorporated into this Act by reference and are made fully applicable to the Newton County Industrial Development Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. State of Georgia Newton County. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to change the powers of the Newton County Industrial Development Authority, and for other purposes. This 12th day of January, 1981. W. D. Ballard Senator, 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he/she is Senator from the 45th District, and that the

Page 3304

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 15, 22, 29, 1981. /s/ W. D. Ballard Senator, 45th District Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Alice E. Hoge Notary Public, Georgia State at Large. My Commission Expires March 21, 1982. (Seal). Approved April 6, 1981. NEWTON COUNTYCOMPENSATION OF NAMED OFFICIALS. No. 174 (Senate Bill No. 314). AN ACT To provide for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the Chairman of the Board of Commissioners of Newton County to reflect increases in the cost of living; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes. be it enacted by the General Assembly of Georgia:

Page 3305

Section 1. As used in this Act, the following words or phrases shall have the following meanings: (a) General law means any of the following Acts of the General Assembly: (1) an Act providing a schedule of minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia, approved March 31, 1976 (Ga. Laws 1976, p. 988), as now or hereafter amended; (2) an Act providing a schedule of minimum salaries for the sheriffs of the various counties within the State of Georgia, approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter amended; (3) an Act providing a schedule of minimum salaries for the clerks of the superior courts of the various counties within the State of Georgia, approved March 30, 1973 (Ga. Laws 1973, p. 256), as now or hereafter amended; (4) an Act providing a schedule of minimum salaries for the judges of the probate courts of the various counties within the State of Georgia, approved March 21, 1974 (Ga. Laws 1974, p. 455), as now or hereafter amended. (b) Newton County officers means the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the Chairman of the board of Commissioners of Newton County. Section 2. (a) On and after the effective date of this Act, each Newton County officer shall receive an annual salary which shall be equal to the highest minimum annual salary, including increases based on years of service, established by any general law for any county officer of Newton County. Such salaries shall be paid in equal monthly installments from the funds of Newton County. (b) Each Newton County officer shall also be entitled to any expenses, other than salary, provided by local law. Section 3. It is the intent of this Act to provide a salary system for certain officers of Newton County in order to reflect increases in the cost of living.

Page 3306

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. State of Georgia County of Newton. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to provide for the equalization of salaries of the Newton County officials, same being the Chairman of the Board of County Commissioners, Clerk of the Superior Court, Tax Commissioner, Sheriff, and Judge of Probate Court, and for other purposes. This 10th day of January, 1981. W. D. Ballard Senator, 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he/she is Senator from the 45th 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 15, 22, 29, 1981.

Page 3307

/s/ W. D. Ballard Senator, 45th District Sworn to and subscribed before me, this 12th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. ALCOHOLIC BEVERAGESSALE IN CERTAIN COUNTIES (400,000 - 600,000) (400,000 - 500,000). No. 175 (Senate Bill No. 332). AN ACT To amend an Act approved April 24, 1975 (Ga. Laws 1975, p. 4535), providing for the sale of alcoholic beverages in certain counties of this state having a population of not less than 400,000 and not more than 600,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 24, 1975 (Ga. Laws 1975, p. 4535), providing for the sale of alcoholic beverages in certain counties of this state having a population of not less than 400,000 and not more

Page 3308

than 600,000 according to the United States decennial census of 1970 or any future such census, is hereby amended by striking from the caption and Section 1 of said Act the figure 600,000, and inserting in lieu thereof the figure 500,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. STATE COURTSCOMPENSATION OF SOLICITORS IN CERTAIN COUNTIES (300,000 - 600,000) (300,000 - 500,000). No. 177 (Senate Bill No. 334). AN ACT To amend an Act approved April 3, 1972 (Ga. Laws 1972, p. 3663), fixing the compensation of the solicitor of the state court of counties having a population of not less than 300,000 or more than 600,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 3, 1972 (Ga. Laws 1972, p. 3663), fixing the compensation of the solicitor of the state court of counties having a population of not less than 300,000 or more than 600,000 according to the United States decennial census of 1970 or any future such census, is hereby amended by striking from the caption and Section 1 of said Act the figure 600,000, and inserting in lieu thereof the figure 500,000.

Page 3309

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. COUNTY BOARDS OF REGISTRATION AND ELECTIONS IN CERTAIN COUNTIES (350,000 - 600,000) (350,000 - 500,000). No. 179 (Senate Bill No. 336). AN ACT To amend an Act approved March 13, 1978 (Ga. Laws 1978, p. 3677), as amended, particularly by an Act approved March 26, 1980 (Ga. Laws 1980, p. 4001), providing for a board of registration and elections in certain counties having a population of not less than 350,000 and not more than 600,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 13, 1978 (Ga. Laws 1978, p. 3677), as amended, particularly by an Act approved March 26, 1980 (Ga. Laws 1980, p. 4001), providing for a board of registration and elections in certain counties having a population of not less than 350,000 and not more than 600,000 according to the United States decennial census of 1970 or any future such census, is hereby amended by striking from Section 1 of said Act the figure 600,000, and inserting in lieu thereof the figure 500,000.

Page 3310

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ZONING OF ANNEXED LAND BY MUNICIPALITIES IN CERTAIN COUNTIES (400,000 - 600,000) (400,000 - 500,000). No. 180 (Senate Bill No. 337). AN ACT To amend an Act approved April 14, 1971 (Ga. Laws 1971, p. 4114), prohibiting municipalities in certain counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, from rezoning annexed land, so as to change the provisions relative to population; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 14, 1971 (Ga. Laws 1971, p. 4114), prohibiting municipalities in certain counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, from rezoning annexed land, is hereby amended by striking from the caption and Section 1 of said Act the figure 600,000, and inserting in lieu thereof the figure 500,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3311

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. MILLEDGEVILLE PUBLIC FACILITIES AUTHORITY. No. 183 (Senate Bill No. 345). AN ACT To create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Milledgeville 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 Milledgeville for its governmental, proprietary, and administrative functions; to authorize the governing authority of the City of Milledgeville 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 Milledgeville to enter into contracts and leases pertaining to the use of such facilities, which contracts and 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 Milledgeville within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia 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, 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

Page 3312

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. Milledgeville Public Facilities Authority created. There is hereby created a public body corporate and politic to be known as the the Milledgeville 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 Milledgeville for its governmental, proprietary, and administrative functions; and the City of Milledgeville 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 Code Chapter 87-1A, the Georgia State Financing and Investment Commission Act, codified in Ga. Code Ann., Ch. 87-1A. The authority shall have its principal office in Baldwin County, and its legal situs or residence for the purpose of this chapter shall be Baldwin 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 governing authority of the City of Milledgeville. The members of said governing authority of the City of Milledgeville 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

Page 3313

shall be elected for terms of four years. Any vacancy on the authority shall be filled for the unexpired term by the governing authority of the city. 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 of the authority shall be the secretary of the governing authority of the City of Milledgeville. 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) Authority means the Milledgeville Public Facilities Authority created hereby. (2) Project means and includes real and personal property acquired or held by the authority for one or a 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 office, governmental offices, proprietary and utility offices, stadia and sports and recreation facilities, parking facilities, 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 Milledgeville in the performance of its governmental, proprietary, and administrative functions. (3) Cost of project includes 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,

Page 3314

engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; and expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof, to the placing of the same in operation, and to the condemnation of any property incident to such construction and operation. (4) Revenue bonds means 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 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 Milledgeville; and, without limiting the generality of the foregoing, authority is specifically granted to the City of Milledgeville 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 Milledgeville 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. The sums

Page 3315

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 an Act approved March 13, 1957 (Ga. Laws 1957, p. 387), as amended, 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 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 Milledgeville, the governing authority of the City of Milledgeville 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 Milledgeville, 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.

Page 3316

(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. (10) To borrow money for any of its corporate purposes and 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. (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. Such 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

Page 3317

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., Sec. 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. 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 Milledgeville; 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 city 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

Page 3318

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 Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia; 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 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.

Page 3319

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 Baldwin 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, 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 Baldwin 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.

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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. (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

Page 3321

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 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

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trust instrument pertaining to such bonds. 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 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

Page 3323

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. 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 boundaries of the City of Milledgeville 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 Milledgeville; 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 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 1981 session of the Georgia General Assembly a bill to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Milledgeville Public Facilities Authority; and for other purposes. This 30th day of January, 1981. /s/ Culver Kidd Senator, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union Recorder which is the official organ of Baldwin County, on the following dates: January 30, February 6, 13, 1981. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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HANCOCK COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 184 (Senate Bill No. 350). AN ACT To amend an Act creating the Small Claims Court of Hancock County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), as amended, so as to change the provisions relating to costs in garnishment cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Small Claims Court of Hancock County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), as amended, is hereby amended by adding after the first sentence of subsection (a) of Section 8 a new sentence to read as follows: The costs in cases of continuing garnishment shall be $70.00 plus the cost of service., so that when so amended subsection (a) shall read as follows: (a) The plaintiff, when he files his claim, shall deposit with the court the sum $10.00, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $10.00. The costs in cases of continuing garnishment shall be $70.00 plus the cost of service. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion.

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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 1981 session of the General Assembly of Georgia a bill to amend an Act creating the Small Claims Court of Hancock County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), as amended; and for other purposes. This 29th day of January, 1981. /s/ Culver Kidd Senator, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 29, February 5, 12, 1981. /s/ Culver Kidd Senator, 25th District

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Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. HABERSHAM COUNTY WATER AND SEWERAGE AUTHORITY. No. 185 (Senate Bill No. 351). AN ACT To create the Habersham County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority

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payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertaking or project and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Habersham County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for other matters relative to the foregoing; to repeal an Act approved December 11, 1953 (Ga. Laws 1953, p. 2460), creating the Habersham Water Authority, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Short title. This Act shall be known and may be cited as the Habersham County Water and Sewerage Authority Act. Section 2 . Habersham County Water and Sewerage Authority. (a) There is hereby created a body corporate and politic, to be known as the Habersham County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The membership of the authority shall be composed as follows: one member shall be the chairman of the board of commissioners of Habersham County; one member shall be the chairman of the Habersham County Industrial Authority; and one member shall be appointed from each of the municipalities of Alto, Baldwin, Clarkesville, Cornelia, Demorest, and Mount Airy by the respective governing authorities of said municipalities. With the exception of the posts occupied by the chairman of the board of commissioners of Habersham County and the chairman of the Habersham County Industrial Authority, the terms of the initial members of the authority

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shall be as follows: the members representing the municipalities of Alto and Baldwin shall be appointed for a term of office expiring June 1, 1981; the members representing the municipalities of Clarkesville and Cornelia shall be appointed for a term of office expiring June 1, 1982; and the members representing the municipalities of Demorest and Mount Airy shall be appointed for a term of office expiring June 1, 1983. 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 the appropriate governing authority in the month of May immediately preceding the expiration of a member's term of office and such successor shall take office on the first day of June for a term of five years and until his respective successor is duly appointed and qualified. Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, a resident of the municipality he is to represent for at least one year prior to the date of his appointment, and shall not have been convicted of a felony. (d) The members of the authority shall elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman and shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and the treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. (e) Five 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.

Page 3330

(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of Habersham County or the appropriate governing authority from the municipality whose representation is affected by the vacancy shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence from the municipality which he represents; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Habersham County or residents of any area affected by the actions of the authority. (h) No member 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. 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 Habersham County Water and Sewerage Authority created by 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 and without the territorial boundaries of Habersham 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

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shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within and without the territorial boundaries of Habersham County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such. (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 construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing of any project in operation; and the cost of 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. (4) The terms revenue bonds and bonds as used in this Act shall mean revenue bonds as defined and provided in the Revenue Bond Law (Ga. 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 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.

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(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 costs of operating, maintaining, 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 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 or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (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;

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(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 constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is hereby authorized between the authority and private corporations, both within and without the State of Georgia, and between the authority and public bodies including counties and cities outside the State of Georgia; (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 contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) 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 require;

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(8) 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 require; (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, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (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 power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 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 redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds

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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. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income thereform shall be exempt from all taxation within the state. Section 9. Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds. Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive 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 provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special 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 Habersham County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects

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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 reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust 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 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 shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent for paying principal and interest and other

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investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus 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 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. 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

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of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Habersham County Water and Sewerage Authority. Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Habersham County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 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 revenue, 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 authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Habersham County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity. The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing bodies of said municipality and, likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Section 24. Rates, charges, and revenues; use. The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to 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.

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Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Habersham 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 Habersham County when in the performance of their public duties or work of the county. Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Effect on other governments. This Act shall not and does not in any way take from Habersham County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the Revenue Bond Law. Section 29. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof. Section 30. Specific repealer. An Act approved December 11, 1953 (Ga. Laws 1953, p. 2460), creating the Habersham Water Authority, as amended, is hereby repealed in its entirety. Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 32. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the 1981 session of the Georgia General Assembly a bill to create the Habersham County Water and Sewer Authority. State of Georgia County of Habersham. Before me, the undersigned, Notary Public, this day personally came Amilee C. Graves, who, being first duly sworn, according to law, says that he is the publisher of the Tri-County Advertiser official newspaper published at Clarkesville, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 8, 15, 22 days of January, 1981. As provided by law. /s/ Amilee C. Graves Subscribed and sworn before me, this 11 day of February, 1981. /s/ Ann L. Vandiver Notary Public. (Seal). Approved April 6, 1981.

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CAMDEN COUNTYPURCHASING AGENT, ETC. No. 186 (Senate Bill No. 356). AN ACT To amend an Act creating the Board of Commissioners of Camden County, approved February 26, 1941 (Ga. Laws 1941, p. 800), as amended by an Act approved February 27, 1961 (Ga. Laws 1961, p. 2112), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3705), so as to provide for a county purchasing agent and a central purchasing office; to provide for the manner in which certain purchases shall be made; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Camden County, approved February 26, 1941 (Ga. Laws 1941, p. 800), as amended by an Act approved February 27, 1961 (Ga. Laws 1961, p. 2112), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3705), is hereby amended by adding between Section 8 and Section 9 of said Act a new Section 8A to read as follows: Section 8A. (a) The governing authority of Camden County is hereby authorized and empowered to employ a county purchasing agent and to create a central purchasing office for the county. Said agent shall serve at the pleasure of the governing authority at such salary as it shall determine and shall perform such duties as may be assigned by the governing authority. (b) The governing authority is hereby authorized and empowered to develop procedures which require competitive bids on all purchases made for or on behalf of said county involving any expenditure of public funds in excess of an amount to be determined by the governing authority of Camden County. Said governing authority shall establish procedures whereby all such purchases shall be processed by or through the central purchase office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Camden County, approved February 26, 1941 (Ga. Laws 1941, p. 800), as amended; and for other purposes. This 15th day of December, 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 Camden County Tribune which is the official organ of Camden County, on the following dates: December 25, 1980, January 1, 8, 1981. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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CAMDEN COUNTYPOWERS, ETC. OF PROBATE COURT, SOLICITOR, ETC. No. 187 (Senate Bill No. 357). AN ACT To provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances; to provide for the powers of said court; to provide for bonds; to provide for appeals; to provide for funds; to provide for the disposition of fines and forfeitures; to provide for a solicitor; to provide for terms; to provide for assessment towards certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Probate Court of Camden County is hereby authorized and empowered to try violations of county ordinances and resolutions and to impose fines for such violations in accordance with the fines specified by such ordinances or resolutions. The probate court shall not impose any fine which exceeds $500.00. Section 2. The probate court shall have the power to: (1) Punish for contempt of said court, but said punishment shall not exceed a fine of $100.00; (2) Establish a schedule of fees to defray the cost of the court; (3) Establish bail and recognizances to insure the presence before said court of persons charged with violations of county ordinances or resolutions and to accept cash, personal property, or real property as surety for appearance of such persons;

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(4) Bind persons appearing before said court over to the appropriate court when it appears such person has violated State law; (5) 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 by any officer as authorized by law; (6) Administer oaths and to perform all other acts necessary or proper to the conduct of said court; and (7) Exercise the foregoing powers throughout the territorial limits of the county. Section 3. Whenever any person shall give bail for his appearance before the probate court and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge of said court 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 cash or property is accepted in lieu of a bond for security for 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, on order of the court, shall be declared forfeited to the county or the property so deposited shall have a lien against it for the value forfeited which shall be enforceable in the same manner and to the same extent as a lien for county property taxes. Section 4. The right of appeal and any bond as may be required to secure the costs of such appeal to the superior court of the county from the probate court of such county shall lie in the same manner and under the same procedure as are generally prescribed for appeals and appeal bonds from the probate court. Section 5. All funds necessary to carry out this Act shall come from funds of the county. All fines, forfeitures, fees, or costs paid to the probate court shall be paid to the fiscal officer of the county in such manner and at such times as the county governing authority shall prescribe. Section 6. The county attorney for Camden County shall be the solicitor of the probate court and shall prosecute all cases tried pursuant to this Act.

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Section 7. Said probate court shall be held in the county courthouse and shall be held at such regular or special terms as may be designated by the judge thereof. Such terms shall be no less than once each week. Section 8. All fines and forfeitures collected in said probate court shall be subject to assessment in the amount prescribed by law for contributions to the Peace Officers Annuity and Benefit Fund, clerk's, and sheriff's retirement fund of Georgia as in cases tried in municipal and state courts of this State. Section 9. This Act shall become effective January 1, 1983, only if an amendment to the Constitution authorizing the Probate Court of Camden County to try and impose fines for violations of county ordinances or resolutions is ratified at the general election in 1982, otherwise this Act shall be null and void. 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 1981 session of the General Assembly of Georgia a bill to authorize the Probate Court of Camden County to try and impose fines for violations of county ordinances and resolutions; and for other purposes. This 15th day of December, 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

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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 Camden County Tribune which is the official organ of Camden County, on the following dates: December 25, 1980, January 1, 8, 1981. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. WAYNE COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT, ETC. No. 188 (Senate Bill No. 358). AN ACT To amend an Act placing the sheriff and clerk of the superior court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3805), so as to change the provisions relative to the compensation of the clerk of the superior courts; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff and clerk of the superior court of 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, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3805), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The clerk of the Superior Court of Wayne County shall receive a salary of $16,023.00 per annum to be paid in equal monthly installments from the funds of Wayne County. The salary of the clerk shall be increased 6 percent per annum effective on January 1 of each year with the first such increase to be effective on January 1, 1982. (b) The salary provided for in subsection (a) of this section shall apply to the person holding office as clerk of the Superior Court of Wayne County on January 1, 1981, and shall continue to be applicable as long as that same person continues in office as clerk of the Superior Court of Wayne County. In the event such person ceases to hold office as clerk of the Superior Court of Wayne County for any reason, the salary of the successor clerk shall be the minimum salary provided for clerks of the superior courts by an Act providing a minimum salary for said officers, approved March 30, 1973 (Ga. Laws 1973, p. 256), as now or hereafter amended. (c) The clerk of the superior court is authorized to appoint a chief deputy clerk and such other clerks as he shall deem necessary to carry out properly 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 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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. This 14th day of January, 1981. /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 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: January 17, 24 and 31, 1981. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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GLYNN COUNTYCOMPENSATION OF SHERIFF, DEPUTIES, ETC. No. 189 (Senate Bill No. 359). AN ACT To amend an Act placing the Sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3726), an Act approved April 11, 1979 (Ga. Laws 1979, p. 4116), and an Act approved April 1, 1980 (Ga. Laws 1980, p. 4457), so as to change provisions relating to the compensation of the sheriff and deputies and other personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3726), an Act approved April 11, 1979 (Ga. Laws 1979, p. 4116), and an Act approved April 1, 1980 (Ga. Laws 1980, p. 4457), is hereby amended by striking subsection (1) and subsection (2) of Section 2A of said Act and substituting in lieu thereof the following: (1) The sheriff shall receive an annual base salary of $25,500.00, payable in equal monthly installments from the funds of Glynn County. (2) (a) Subject to the provisions of subsection (3), the base annual salary of the persons employed by the sheriff shall be fixed by the sheriff and shall be within the following amounts: chief deputy $12,840.00 to $19,260.00 1 senior deputy $11,770.00 to $14,980.00 1 chief office deputy $10,272.00 to $15,665.00 2nd senior deputy $ 9,523.00 to $13,910.00 2 deputies $ 8,988.00 to $13,643.00 9 deputies $ 8,025.00 to $12,840.00 chief jailer $ 8,025.00 to $11,770.00 12 additional jailers $ 7,704.00 to $11,299.00 5 matrons $ 5,778.00 to $ 8,988.00 3 clerk-typists $ 5,778.00 to $ 8,474.00 2 custodians $ 5,136.00 to $ 7,704.00 cook $ 3,852.00 to $ 6,163.00

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(b) No employee of the sheriff shall receive any increase in salary or other compensation except as is approved by the sheriff. (c) The provisions of paragraph (a) to the contrary notwithstanding, no employee of the sheriff shall receive any wage which is less than the minimum wage guaranteed by law. Section 2. Said Act is further amended by striking subsection (1) of Section 2C of said Act and substituting in lieu thereof the following: (1) The sheriff and each of his deputies, except the chief office deputy, shall receive monthly from county funds a car allowance of $275.00 per month and a mileage allowance of 18 per mile on all official trips outside of Glynn County or the State of 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Glynn County upon an annual salary, and for other purposes, approved March 17, 1960 (Ga. Laws 1950, p. 2805), as amended, to repeal conflicting laws, and for other purposes. This 29th Day December 1980. Richard W. Littlefield, Jr. Senator, 6th District James R. Tuten Representative, 153rd Dean Auten Representative, 154th Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/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: December 31, 1980, January 7, 14, 1981. /s/ Bill Littlefield Senator, 6th District

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Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. GLYNN COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 190 (Senate Bill No. 361). AN ACT To amend an Act placing the tax commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3203), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4123), so as to change the compensation of the tax commissioner and 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 tax commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3203), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4123), is hereby amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. The tax commissioner shall receive an annual base salary of $25,500.00, payable in equal monthly installments from funds of Glynn County.

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Section 2. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 5 of said Act in its entirety and substituting in lieu thereof the following: (2) The base annual salary of the persons employed by the tax commissioner shall be fixed by the tax commissioner within the following amounts: deputy $13,910.00 to $16,050.00 clerical assistants $ 6,831.00 to $11,235.00 Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1981 regular session of the General Assembly of Georgia a bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3203), as amended; to repeal conflicting laws; and for other purposes. This the 5th day of January, 1981. Dean G. Auten Representative, 154th District James R. Tuten, Jr. Representative, 153rd District

Page 3356

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 9, 16, 23, 1981. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 17th day of February, 1981.. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. GLYNN COUNTYVACANCIES ON BOARD OF COUNTY COMMISSIONERS. No. 191 (Senate Bill No. 362). AN ACT To amend an Act creating a board of commissioners of Glynn County, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as amended, so as to provide for filling certain vacancies on the board; to

Page 3357

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 a board of commissioners of Glynn County, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as amended, is hereby amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof the following: Section 3. (a) Except as provided in subsection (b), any vacancy in said board shall be filled for the unexpired term by a member appointed by the remaining members of the board. The person appointed to fill such vacancy must be a resident of the commissioner district corresponding to that of the member whose unexpired term he is appointed to fill unless the vacancy is in an at-large post. Should any member of the board who is elected from a commissioner district change his residence from the commissioner district from which he was elected, a vacancy shall be created thereby, and such vacancy shall be filled as provided in this section. (b) Any vacancy in said board which occurs more than six months prior to the expiration of the term of office shall be filled in a special election called for that purpose. The person elected at such special election shall serve for the unexpired term and until his successor is elected and qualified. If the member whose vacancy is being filled was elected from a commissioner district, the candidates in the special election shall reside in the commissioner district corresponding to the member whose unexpired term is being filled. Section 2. Said Act is further amended by striking from Section 6 the first unnumbered paragraph and inserting in its place a new first unnumbered paragraph to read as follows: The chairman shall receive a salary of $400.00 per month and an expense allowance of $150.00 per month. Each other member shall receive a salary of $300.00 per month and an expense allowance of $100.00 per month. Section 3. This Act shall become effective on July 1, 1981. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3358

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1981 regular session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Glynn County, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as amended; to repeal conflicting laws; and for other purposes. This the 5th day of January, 1981. Dean G. Auten Representative, 154th District James R. Tuten, Jr. Representative, 153rd 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 Brunswick News which is the official organ of Glynn County, on the following dates: January 9, 16, 23, 1981. /s/ Bill Littlefield Senator, 6th District

Page 3359

Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF GLYNN COUNTYTERMS, COMPENSATION OF CERTAIN PERSONNEL. No. 192 (Senate Bill No. 363). AN ACT To amend an Act creating the State Court of Glynn County, as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3158), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3159), an Act approved July 1, 1979 (Ga. Laws 1979, p. 4541), and an Act approved April 2, 1980 (Ga. Laws 1980, p. 4517), so as to change the compensation of certain personnel of the court; to change the terms of 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 Glynn County, as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3158), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3159), an Act approved July 1, 1979 (Ga. Laws 1979, p. 4541), and an Act approved April 2, 1980 (Ga. Laws 1980, p. 4517), is hereby amended by adding at the end of Section 7 the following:

Page 3360

Effective July 1, 1981, the actual salary and the maximum salary of the solicitor shall be further increased by an additional seven percent., so that when so amended said 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. Effective July 1, 1981, the actual salary and the maximum salary of the solicitor shall be further increased by an additional seven percent. Section 2. Said Act is further amended by adding at the end of subsection (a) of Section 11 a new paragraph (3) to read as follows: (3) Effective July 1, 1981, the actual salary and maximum salary of said clerk shall be further increased by an additional seven percent; and the maximum salary of each deputy clerk shall be further increased by an additional seven percent., so that when so amended said subsection (a) of Section 11 shall read as follows: (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.

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(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. (3) Effective July 1, 1981, the actual salary and maximum salary of said clerk shall be further increased by an additional seven percent; and the maximum salary of each deputy clerk shall be further increased by an additional seven percent. Section 3. Said Act is further amended by striking subsection (c) of Section 11 and inserting in lieu thereof a new subsection (c) of Section 11 to read as follows: (c) The judge of said court may employ a secretary and shall fix a salary for such secretary of not more than $11,200.00 per year, payable in equal monthly installments from county funds. Section 4. Said Act is further amended by striking from Section 4 the following: Said judge is also authorized to employ one secretary who shall be compensated in an amount not to exceed $9,600.00 per year until June 30, 1980, and in an amount not to exceed $10,500.00 per year thereafter, which amount shall be fixed by said judge and payable in equal monthly installments out of the treasury of Glynn County. Section 5. Said Act is further amended by striking from Section 13 the following: in each month, and inserting in lieu thereof the following: of every other month, the first month of holding such bimonthly terms to be fixed by the judge., so that when so amended said Section 13 shall read as follows: Section 13. The terms of said Court shall commence on the first Monday of every other month, the first month of holding such bimonthly terms to be fixed by the judge. The judge of said Court shall have power to hold said Court in session from day to day, and to adjourn the same from time to time; provided, said Court shall be finally adjourned at least five days before the next succeeding term.

Page 3362

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1981 regular session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. Laws 1943, p. 702), as amended; to repeal conflicting laws; and for other purposes. This the 5th day of January, 1981. Dean G. Auten Representative, 154th District James R. Tuten, Jr. Representative, 153rd 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 Brunswick News which is the official organ of Glynn County, on the following dates: January 9, 16, 23, 1981. /s/ Bill Littlefield Senator, 6th District

Page 3363

Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF ATLANTASENIOR JUDGE OF MUNICIPAL COURT. No. 193 (Senate Bill No. 371). 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, approved March 16, 1973 (Ga. Laws 1973, p. 2188), as amended, so as to add a new Section 4-109.1 to said charter; to create the position of Senior Judge of the Municipal Court of the City of Atlanta; to establish the qualifications for said position; to provide for the duties of said judges; to provide for the compensation of said judges; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new charter for such city, approved March 16, 1973 (Ga. Laws 1973, p. 2188), as amended, is hereby amended by adding after Section 4-109 thereof a new Section 4-109.1 to read as follows:

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Section 4-109.1. Senior Judges of the Municipal Court of the City of Atlanta. (a) There is hereby created the Office of Senior Judge of the Municipal Court and any judge of the Municipal Court who retires pursuant to the provisions of applicable laws relating to such retirement shall be a Senior Judge of the Municipal Court, effective on the effective date of his retirement. (b) Senior Judges may be called upon to serve as judges of the Municipal Court when the regular judge for some reason is unable to serve. Any such Senior Judge may be subject to designation and assignment, with his consent, either as additional or substitute judge. Such judge shall have all the power and authority when so designated or assigned as a Municipal Court Judge. Such Senior Judges shall be compensated in addition to retirement pay in the amount paid to judges pro hac vice for such services. In addition to such compensation, such judges shall receive mileage at the same rate as other municipal employees for such services. Said compensation and mileage shall be paid from municipal funds appropriated or otherwise available for the operation of the Municipal Court upon a certificate by the judge as to the number of days served and the mileage. Such compensation shall not diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta, the Atlanta Board of Education and the Atlanta Independent Public School System as a part of such City, intend to apply for the passage of local legislation at the 1981 Session of the General Assembly of Georgia, which convenes on Monday, January 12, 1981, 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:

Page 3365

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 22 day of December, 1980. William M. (Bill) Alexander Legislative Coordinator City of Atlanta William Stanley Legislative Coordinator Atlanta Board of Education Atlanta Independent School System Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack L. Stephens who, on oath, deposes and says that he/she is Senator from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 22, 1980, December 29, 1980 and January 5, 1981. /s/ Jack L. Stephens Senator, 36th District

Page 3366

Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF SAVANNAHCORPORATE LIMITS. No. 194 (Senate Bill No. 375). AN ACT To amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to extend the corporate limits of the City of Savannah; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah are further amended as follows: Section 1. That from and after the passage of this Act, the city limits of the City of Savannah, known as the mayor and aldermen of the City of Savannah, in addition to all territory, land, and improvements, now included in the corporate limits of the City of Savannah shall be extended to include all of the territory, land, and improvements, located within the following described boundaries, to wit: ALL of the lands of the Savannah Municipal Airport (Travis Field) not now in the City limits of Savannah, saving and excepting those certain parcels described as Parcel A, containing 69.519 acres

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and Parcel B, containing 41.647 acres as shown on a plat recorded in Plat Record Book R, Page 76, in the Office of the Clerk of the Superior Court of Chatham County and described as excepted in the Act of the General Assembly (Ga. Laws 1969, p. 2453, Section 1), extending the corporate limits of the City of Savannah, said Savannah Municipal Airport being described as follows: Commencing at a point on the Savannah and Atlanta Railway right-of-way at its intersection with the North right-of-way line of said Savannah Municipal Airport and running thence N8957'W, 5,792.48 feet to a concrete monument located at the Northeast corner of a tract of land conveyed to the Savannah Airport Commission by Union Camp Corporation and shown on a plat recorded in Plat Record Book DD, Page 68, of Chatham County records; thence continuing N8957'W along said North property line 7,568.83 feet to a monument located on the West right-of-way line of Interstate Highway 95 as shown on said plat; thence in a Southerly direction along said Westerly right-of-way line of Interstate Highway 95 to a point 750.0 feet South of the extended center line of the East-West runway of said Savannah Municipal Airport and being the South property line of property acquired by Savannah Municipal Airport from Rockdale Industries, Inc.; thence S8923'E along the line 750.0 feet South of and parallel to the said center line of said East-West runway as extended a distance of 3,450 feet, more or less, to a concrete monument located at the corner of a tract purchased by Savannah Airport Commission from Henry Ray, Jr. and shown on a plat recorded in Plat Record Book AA, Page 74 of Chatham County records; thence continuing along the boundary of said tract Southward to Bourne Avenue; thence along Bourne Avenue and Northward as shown on said plat to a concrete monument located on the present South property line of the Savannah Municipal Airport; thence continuing along said property line of the Savannah Municipal Airport as shown on the master plan around the Southern and Eastern perimeters of the said Savannah Municipal Airport to a point on the South right-of-way line of Grumman Road; thence South 2445'E a distance of 100.0 feet to the tract hereinabove excepted and as shown on the plat recorded in Record Book R, Page 76 of Chatham County records; thence in a Southerly, Westerly and Northerly direction around said excepted tract to a point on the Northerly right-of-way line of said Grumman Road; thence in a Westerly direction on said Northerly right-of-way line of said Grumman Road to its intersection with the Savannah and Atlanta Railway; thence Northerly along said Westerly right-of-way of said Savannah and Atlanta Railway to the point of beginning.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation in the 1981 Session of the General Assembly of Georgia to amend the charter of the Mayor and Aldermen of the City of Savannah to extend and change the corporate limits and for other purposes. James B. Blackburn City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Coleman who, on oath, deposes and says that he/she is Senator from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 2, 9, 16, 1981. /s/ J. Tom Coleman, Jr. Senator, 1st District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

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COBB COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 195 (Senate Bill No. 377). AN ACT To amend an Act creating a board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. Laws 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3150), so as to change the compensation provisions relating to 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 for Cobb County, Georgia, approved June 19, 1964 (Ga. Laws 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3150), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Compensation. Members of the board of commissioners other than the chairman shall be compensated in the amount of $9,000.00 per annum, and such compensation shall be paid in equal monthly installments from county funds; provided, however, that such annual compensation shall be increased by 7 percent effective April 1, 1982. The chairman shall be compensated in the amount of $40,000.00 per annum, and such compensation shall be paid in equal monthly installments from county funds; provided, however, that such annual compensation of the chairman shall be increased by 7 percent effective April 1, 1982. The compensation provided for each officer shall be paid upon warrants drawn upon the county treasury.

Page 3370

Section 2 . This Act shall become effective April 1, 1981. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1981 session of the General Assembly, a bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, Georgia approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075) and for other purposes. This 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Thompson who, on oath, deposes and says that he/she is Senator from the 32nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981.

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/s/ Joe Thompson Senator, 32nd District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. DADE COUNTYBUDGETING, ETC. FOR SHERIFF'S OFFICE. No. 196 (Senate Bill No. 393). 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, 1973 (Ga. Laws 1973, p. 2764), an Act approved April 17, 1975 (Ga. Laws 1975, p. 2969), and by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3125), so as to delete the provisions relative to budgeting; to provide procedures for financing the expenses of the sheriff's office including personnel; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3372

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, 1973 (Ga. Laws 1973, p. 2764), an Act approved April 17, 1975 (Ga. Laws 1975, p. 2969), and by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3125), is hereby amended by striking Section 3A in its entirety and substituting in lieu thereof a new section to be designated Section 3 to read as follows: Section 3. The expenses of the sheriff's office, as provided in Sections 6 and 7 of this Act, shall be budgeted in accordance with procedures adopted by the governing authority of Dade County as provided by the Act providing for basic local government financial management standards and procedures, approved April 8, 1980 (Ga. Laws 1980, p. 1738). Section 2. Said Act is further amended by adding immediately preceding the period appearing at the end of the first sentence of Section 6 the following: in accordance with budgeting procedures and requirements established by the governing authority of Dade County pursuant to Section 3 of this Act, so that when so amended Section 6 shall read as follows: Section 6. The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office and to fix their respective compensation in accordance with budgeting procedures and requirements established by the governing authority of Dade County pursuant to Section 3 of this Act. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 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 1981 session of the General Assembly of Georgia a bill to amend an act of the method of the Sheriff of Dade County in applying for budget funds. The Sheriff will prepare a proposed budget and submit it to the Commissioner. The Commissioner has the authority to approve or disapprove the proposed budget or to disapprove any part of it. Larry Moore Commissioner of Roads and Revenue Dade County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. G. Summers who, on oath, deposes and says that he is Senator from the 53rd 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 4, 11, 18, 1981. /s/ E. G. Summers Senator, 53rd District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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WILKES COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 197 (Senate Bill No. 404). AN ACT To place the tax commissioner of Wilkes County on an annual salary in lieu of the salary plus commission system of compensation; to provide for the compensation of employees within such office; to provide for the disposition of all commissions and costs collected by the tax commissioner and all office employees; to provide an effective date; to repeal specific sections of other Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The tax commissioner of Wilkes County is hereby placed upon an annual salary in lieu of the salary plus commission system of compensation. The tax commissioner shall diligently collect all commissions, fees, and other emoluments and perquisites of whatever kind heretofore allowed and received by the tax commissioner as compensation for his services as tax commissioner while on the salary plus commission fee system and hold said collections for the sole use and benefit of Wilkes County. Section 2. The tax commissioner of Wilkes County shall receive an annual salary of not less than $15,500.00 to be paid from the funds of Wilkes County in 12 equal monthly installments, payable on the last business day of each calendar month. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such

Page 3375

services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and including those commissions allowed by Code Section 91A-1370, relating to commissions on taxes collected in excess of a certain percentage of taxes due according to the tax net digest, as now or hereafter amended. Section 3. The tax commissioner shall have the authority to appoint one clerk who shall be compensated in the amount of not less than minimum wage. The wage to be paid shall be determined by the board of commissioners. The board shall authorize and determine the number of hours the clerk may be allowed to work. It shall be within the sole power of the tax commissioner, during each term of office, to designate and name the person or persons who shall be employed as the clerk and to remove or replace such clerk at will and within his sole discretion. The tax commissioner shall prescribe the duties and assignments of the clerk. Section 4. The tax commissioner's office shall be furnished with suitable office space and all equipment and supplies to provide for its efficient operation; and the cost of such supplies and equipment shall be borne by Wilkes County and payable from county funds. Section 5. An Act abolishing the offices of tax collector and tax receiver in and for Wilkes County and creating in lieu thereof the office of tax commissioner of Wilkes County, approved July 22, 1929 (Ga. Laws 1929, p. 777), as amended, is hereby amended by repealing in their entirety Sections 3, 4, 5, and 6. Section 6. An Act amending an Act approved July 22, 1929, creating the office of tax commissioner of Wilkes County, approved December 3, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 912), is hereby repealed in its entirety. Section 7. The provisions of this Act shall become effective January 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to place the tax commissioner of Wilkes County on an annual salary in lieu of the salary plus commission system of compensation; and for other purposes. This 31st day of January, 1981. Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following dates: February 5, 12, 19, 1981. /s/ Sam McGill Senator, 24th District Sworn to and subscribed before me, this 25th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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CITY OF WASHINGTONAD VALOREM TAXATION. No. 198 (Senate Bill No. 405). AN ACT To amend an Act granting a new charter to the City of Washington, approved February 14, 1958 (Ga. Laws 1958, p. 2139), as amended, so as to change provisions relating to the imposition and levy of ad valorem taxes by 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 granting a new charter to the City of Washington, approved February 14, 1958 (Ga. Laws 1958, p. 2139), as amended, is hereby amended by striking in its entirety Section 29 and inserting in its place a new Section 29 to read as follows: Section 29. (a) The mayor and council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable. (b) The mayor and council may provide by ordinance for the collection of delinquent taxes by fi. fa. 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 state or county taxes. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the City of Washington, approved Feb. 14, 1958, Georgia Laws 1958, p. 21-39, as amended; and for other purposes. This 9th day of February, 1981. S. P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following dates: January 29, February 5, 12, 1981. /s/ Sam P. McGill Senator, 24th District

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Sworn to and subscribed before me, this 25th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. WILKINSON COUNTYEXPENSE ALLOWANCE FOR COUNTY COMMISSIONERS. No. 199 (Senate Bill No. 421). AN ACT To amend an Act creating the board of commissioners of Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p. 777), as amended, so as to provide for a monthly expense allowance for members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the board of commissioners of Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p. 777), as amended, is hereby amended by adding between Sections 7 and 8 a new Section 7A to read as follows: Section 7A. In addition to the compensation provided for the chairman and other members of the board of commissioners in Section 7, the chairman and each member of said board shall be entitled to an expense allowance of $50.00 per month to be paid from county funds.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p. 777), as amended, so as to provide for a monthly expense allowance for members of the board; and for other purposes. This 6th day of February, 1981. /s/ Culver Kidd Senator, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: February 12, 19, 26, 1981. /s/ Culver Kidd Senator, 25th District

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Sworn to and subscribed before me, this 2nd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. LIBERTY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITYPROJECT DEFINED. No. 200 (Senate Bill No. 423). AN ACT To amend an Act to provide for the appointment and terms of office of members of the Liberty County Industrial Authority, approved February 18, 1964 (Ga. Laws 1964, p. 2110), so as to define further the term project to include undertakings for hotel and motel facilities; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to provide for the appointment and terms of office of members of the Liberty County Industrial Authority, approved February 18, 1964 (Ga. Laws 1964, p. 2110), is hereby amended by adding at the end of subsection (b) of Section 5 thereof the following: The word `project' shall also mean and include the acquisition, construction, improvement, modification, expansion, modernization, equipping, or remodeling of any property, real or personal, which shall be used as or in connection with a hotel or motel that provides

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food and lodging for transient guests with not less than 80 guest rooms available for overnight accommodations, which is hereby declared to be a project of sufficient magnitude to result in a substantial increase in employment, to confer significant economic benefit upon the geographical area served by the Authority, and to develop and promote for the public good and welfare industry within Liberty County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend an Act of the General Assembly of the State of Georgia (Ga. Laws 1964, p. 2110 et seq.) implementing certain provisions of an amendment to the Constitution of Georgia creating the Liberty County Industrial Authority, ratified November 4, 1958 (Ga. Laws, 1958, p. 472 et seq.), as such amendment has been heretofore amended (Ga. Laws 1976, p. 1781 et seq., Ga. Laws 1976, p. 1823 et. seq., Ga. Laws 1980, p. 2221 et. seq.), so as to further define the term project to include undertakings for hotel or motel facilities; to provide an effective date; and for other purposes. This 3rd day of February, 1981. Glenn E. Bryant, Senator, District 3, Liberty County, Georgia State of Georgia County of Liberty.

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Personally appeared before me, the undersigned Notary Public James H. Wynn who after being duly sworn stated under oath that he is the Publisher and Editor of The Coastal Courier newspaper, a newspaper of general circulation published in the city of Hinesville, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Coastal Courier on 10, 17 and 24 February, 1981. /s/ James H. Wynn Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Maureen Willcox Notary Public, Georgia State at Large. My Commission Expires 5 Jan. 1985. (Seal). Approved April 6, 1981. LIBERTY COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 201 (Senate Bill No. 425). AN ACT To amend an Act creating a Small Claims Court for Liberty County, approved April 17, 1975 (Ga. Laws 1975, p. 3705), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3523), so as to change the jurisdiction of said court; to change certain costs; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court for Liberty County, approved April 17, 1975 (Ga. Laws 1975, p. 3705), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3523), is hereby amended by striking from Section 1 the following: $2,000.00, and inserting in lieu thereof the following: $2,500.00, so that when so amended Section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Liberty County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by designating the present language of the first paragraph of Section 6 as subsection (a) of Section 6 and by striking subsections (a) through (f) of Section 6 in their entirety and substituting in lieu thereof new subsections (b) through (f) to read as follows: (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.

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(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 30 days from the date of the service of said notice. Section 3. 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. (a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule set forth in subsection (b) of this section, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. (b) The sum to be deposited by the plaintiff with the court shall be as follows: When the amount of the claim is: The deposit shall be: Up to $500 $ 10.00 Over $500 but not over $1,000 15.00 Over $1,000 but not over $1,500 20.00 Over $1,500 but not over $2,000 25.00 Over $2,000 30.00 (c) 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

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the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Liberty County, approved April 17, 1975 (Ga. Laws 1975, p. 3706 through 3717); and for other purposes. This 21st day of January, 1981. Glenn Bryant, Senator State of Georgia County of Liberty. Personally appeared before me, the undersigned Notary Public James H. Wynn who after being duly sworn stated under oath that he is the Publisher and Editor of The Coastal Courier newspaper, a newspaper of general circulation published in the city of Hinesville, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Coastal Courier on 19, 24 Feb. and 3 March 1981. /s/ James H. Wynn

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Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Maureen Willcox Notary Public, Georgia State at Large. My Commission Expires 5th Jan. 1985. (Seal). Approved April 6, 1981. CITY OF McDONOUGHNEW CHARTER. No. 202 (Senate Bill No. 427). AN ACT To reincorporate the City of McDonough in the County of Henry; to create a new charter for said city; to provide its corporate limits; to provide for the government of said city; to provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for municipal services and regulatory functions; to provide for elections; to provide for a recorder's court; to provide for election of first officials; 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: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. The City of McDonough, Georgia, in the County of Henry, and the inhabitants thereof shall continue to

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be a body politic and corporate under the name and style of the City of McDonough, Georgia. Under the name said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will. Section 1.11. Corporate Boundaries. (a) The boundaries of the City of McDonough shall be those now existing, less and except the following property: Tract 1. All that tract or parcel of land containing 95.048 acres, lying and being in Land Lot 101 of the 7th District of Henry County, Georgia, being the property annexed by Ordinance adopted by the Mayor and Council on September 10, 1973, pursuant to petition for annexation filed by George Hamilton and Emory Hamilton. Tract 2. All that tract or parcel of land containing 325.21 acres, lying and being in Land Lots 71, 72, 89 and 90 of the 7th District of Henry County, Georgia, being the property annexed by Ordinance adopted by the Mayor and Council on February 4, 1974, pursuant to petition for annexation filed by Gulf Properties, Inc. (b) Alterations of the boundaries of the City may be made from time to time in the manner provided by law. (c) The boundaries of the City of McDonough, 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 McDonough, Georgia. Photographic or other copies of such map 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. (d) The Mayor and 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:

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(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; (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;

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(9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) Public Improvements. To provide for the acquisition, 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;

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(14) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City;

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(21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (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;

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(28) Jail Sentences. To provide that persons given jail sentences in the City's court may work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (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;

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(37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (39) Urban Redevelopment. To organize and operate an urban redevelopment program; (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (42) Cutting and Removal of Weeds, Vegetable Growth and Debris. To require the owner, or his duly authorized agent, of any lot, tract, parcel of land or premises in the City to cut and remove from the same, any and all weeds, vegetable growth or debris thereon which might endanger the public health or safety. To provide notice to such owner, or the owner's duly authorized agent, that if the weeds or vegetable growth or debris are not cut and/or removed, the City may cut and/or remove the same and charge the expenses of the same to the said owner. The Mayor and Council shall have authority to enforce the collection of the charges for cutting and or removing said weeds or vegetable growth or debris when such charges are due and remain unpaid for a period of thirty days, by execution to be issued by the Clerk of said City against the owner or owners of the premises from which the weeds or vegetable growth or debris are cut and or removed and such other persons as may be liable therefore. The said execution shall be a lien upon the said premises and, when recorded in the General Execution Docket of Henry County, Georgia, shall be a lien upon all of the property of the defendant in execution from the date of such record.

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(43) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive 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. ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of a Mayor and six Councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office. 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:

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(1) the incumbent's death. (2) resignation when accepted. (3) decision of a competent tribunal declaring the office vacant. (4) the incumbent ceasing to be a resident of the City or of the district for which he was elected. (5) abandoning the office and ceasing to perform its duties or either. (6) 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 McDonough, Georgia, shall be fixed by said Mayor and Council in January next following the City's election except as otherwise limited by the general laws of the State of Georgia. The Mayor and Councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. Except as authorized by law, neither the Mayor nor any member of the Council shall hold any other elective City office or City employment during the term for which he was elected, and neither the Mayor nor any member of the Council shall vote upon any question in which he is personally interested.

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Section 2.15. Code of Ethics. The Council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City. Section 2.16. Inquiries and Investigations. The Mayor and 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 Mayor and Council shall be punished as provided by ordinance. Section 2.17. General Power and Authority of the Mayor and Council. (a) Except as otherwise provided by law or by this charter, the Mayor and Council shall be vested with all the powers of 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 Mayor and 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 Mayor and Council may enforce such ordinances by imposing penalties for the violation thereof. (c) The Mayor and Council may, by ordinance, create, change, alter, abolish, or consolidate offices, agencies and departments of the City and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. Section 2.18. 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:

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(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, and vote pursuant to the provisions of Section 2.24; (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 2.22(b); (i) may examine and audit all accounts of the City; (j) may require any department or agency of the City to submit written reports whenever he deems it expedient; (k) shall perform other duties as may be required by general State law, this charter or ordinance. Section 2.20. 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

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absence or disability shall be declared by majority vote of all members of the Council. Section 2.21. 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 2.22. Regular and Special Meetings. (a) The Mayor and Council shall hold regular meetings at such times and places as prescribed by ordinance. The Mayor and Council may recess any regular meeting and continue such 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 Mayor and 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 Mayor and Council shall be public to the extent required by general State law.

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Section 2.23 . Rules of Procedure. The Mayor and Council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. Section 2.24 . Quorum, Voting. For transaction of all business, except as otherwise provided in this Act, the Mayor and three Councilmen shall constitute a quorum, and the vote of four Councilmen, or of three Councilmen with the concurrence of the Mayor, shall decide any question. Voting on the adoption of ordinances shall be taken by voice 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, except as otherwise provided in this charter. Section 2.25 . Action Requiring an Ordinance. (a) Except as herein provided, every official action of the Mayor and 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: Be it ordained by the Mayor and Council of the City of McDonough and it is hereby ordained by authority thereof..... and every ordinance shall so begin. (b) An ordinance may be introduced by any member of the Council and read and adopted at a regular or special meeting of the Mayor and Council. Ordinances shall be considered and adopted or rejected by the Council in accordance with the rules which it shall establish. Upon adoption of any ordinance, the Clerk shall, as soon as reasonable, file a reasonable number of copies in the office of the Clerk and at such other public places as the Council may designate. Section 2.26 . Codes of Technical Regulations. (a) The Mayor and Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of Section 2.25(b) of this charter for assuring public access to the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and

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(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 2.27 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 2.27 . Signing, Authenticating, Recording, Printing. (a) The City Clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Mayor and Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. 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 Mayor and Council shall prescribe the functions or duties and establish, abolish or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by the Mayor and Council. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the

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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 four Council members. Section 3.11 . Board, Commissions and Authorities. (a) The Mayor and Council shall create, by ordinance, such boards, commissions and authorities to fulfill any investigative, quasi-judicial or 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 this charter or general State law. (c) The Mayor and Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any vacancy on a board, commission or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law. (e) No member of a board, commission or authority shall assume office until he has executed and filed with the Clerk of the City an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the Council. (g) Except as otherwise provided by this charter or by general State Law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission or authority of the City government may establish such by-laws, rules and regulations, not inconsistent with this charter, ordinances of the City or general State law, as it deems appropriate and necessary for

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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 Mayor and 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 Recorder's court; shall attend the meetings of the Mayor and Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Section 3.13 . City Clerk. The Mayor and Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct. Section 3.14 . Tax Collector. The Mayor and Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.15 . City Accountant. The Mayor and Council may appoint a City Accountant to perform the duties of an accountant. Section 3.16 . Consolidation of Functions. The Mayor and 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. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan

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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 Mayor and Council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; and (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such 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 RECORDER'S COURT Section 4.10 . Creation. There is hereby established a court to be known as the Recorder's Court, City of McDonough which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia, to subpoena witnesses, to punish witnesses for non-attendance, and to try all offenses occurring within the territorial limits of the City of McDonough, including traffic cases which under the laws of Georgia are now or hereafter placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

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Section 4.11 . Recorder. (a) No person shall be recorder of the city unless, at the time of his appointment, he shall have attained the age of twenty-five (25) years, shall have been a citizen of the state for three (3) years, and shall have been a resident of this county for six (6) months. (b) Before entering on the duties of his office, the recorder shall take an oath before some officer duly authorized to administer oaths, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the Mayor and Council. Section 4.12 . Jurisdiction. The recorder shall have power to impose fines for the violation of any law or ordinance of the City of McDonough passed in accordance with this charter, to an amount not to exceed One Thousand Dollars ($1,000.00), to imprison offenders for a period of not more than six months, or at labor on the roads and streets or other public works of said city for not more than six months; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of two hundred fifty dollars ($250.00) or imprisonment not exceeding thirty (30) days or any combination of the two. He shall have the authority of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of McDonough, which warrants may be executed by any police officer of said city, to hold committal hearings, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in said city. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of McDonough. 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, recorders and police courts, and particularly such laws as authorize the abatement of nuisances. Section 4.13 . Right of Certiorari. The right of certiorari to the superior court from the recorder's court shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the State.

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Section 4.14 . Vacancy in Office. In the absence, sickness or disqualification of the recorder or vacancy in such office, a recorder pro tempore appointed by the Mayor and Council, the Mayor, or any member of the Council designated by the Mayor, may preside over the recorder's court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted to the recorder under this charter and the laws of the State of Georgia. The Council is empowered to provide for the compensation of any such person appointed to preside over said court as herein provided. Section 4.15 . Court Costs. In all cases in the recorder's court of the City of McDonough, the costs incurred and allowable therein shall be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State. Section 4.16 . Rules for Courts. With the approval of the Mayor and Council, the recorder shall have full power and authority to make rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, the rules of evidence applicable to the superior courts of this State shall apply in the recorder's court of the City of McDonough. ARTICLE V ELECTIONS Section 5.10 . Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.11 Election of Mayor and Council. (a) On the first Wednesday of December, 1982, there shall be an election for the Mayor and three Councilmen. At such election the Mayor and one Councilman shall be elected by plurality vote by all the qualified voters within the City for a term of two years and until the election and qualification of a successor. At such election the Councilmen in Districts 1 and 2 shall be elected by plurality vote by the qualified voters within each Council district for terms of two years and until the election and qualification of a successor.

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(b) On the first Wednesday of December, 1983, there shall be an election for three councilmen. At such election one councilman shall be elected by plurality vote by all the qualified voters within the City for a term of two years and until the election and qualification of a successor. At such election the councilmen in Districts 3 and 4 shall be elected by plurality vote by the qualified voters within each council district for terms of two years and until the election and qualification of a successor. (c) The terms of office of the Mayor and Councilmen elected as provided in Section 5.11(a) shall begin on January 1, 1983, and the terms of office of the three councilmen elected as provided in Section 5.11(b) shall begin on January 1, 1984, but they shall not be eligible to hold office until they have taken the oath of office as provided in Section 2.21(a) 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 not be required to call an election to fill the vacancy. Special 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 5.13 . 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 . City Council Districts; Adjustment of Districts. (a) There shall be four city council districts. (b) The city council shall appoint six persons who are qualified voters for the election of Mayor and Councilmen who shall comprise the districting commission. The voters chosen shall not be employed by the City in any other capacity. (c) Five months prior to the election in December, 1982, and within one year of the official publishing of the United States Decennial census thereafter, the districting commission shall file with

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the City Clerk a report containing a recommended plan for adjustment of the City Council district boundaries to comply with these specifications: (1) Each district shall be formed of compact, contiguous territory, as nearly rectangular as is possible, and its boundary lines shall follow the center lines of streets or other well-defined boundaries. (2) Each district shall contain as nearly as possible the same number of people with the largest district not differing in population by more than 10% of the people in the smallest district created. (3) The report shall include a map and description of the districts and shall be filed with the Clerk. The Mayor and Council shall have the authority to change, alter, or amend any such plan and shall have the authority to draft a new plan. Any plan, upon approval by the Mayor and Council, shall be introduced by a member or members of the Council as an ordinance and shall be adopted as an ordinance pursuant to the provisions of this charter. (d) The city council shall adopt the ordinance at least 90 days before the next regular city election. (e) The new city council districts and boundaries as of the date of enactment, shall supersede previous city council districts and boundaries for all the purposes of the next regular city election. The new districts and boundaries shall supersede previous districts and boundaries for all other purposes as of the date on which all council members elected at that regular city election take office. Section 5.15. 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 5.16. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office;

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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 5.17. Procedure for Removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the Council to the Superior Court of Henry County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court. (b) By information filed in the Superior Court of Henry County as provided by law. ARTICLE VI FINANCE Section 6.10. Property Tax. The Mayor and Council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and County. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion.

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Section 6.11. Millage Rate, Due Dates, Payment Methods. The Mayor and Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Mayor and Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. 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 Mayor and Council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.13. License, Permits, Fees. The Mayor and Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this Article for delinquent taxes and fees. The Mayor and 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 Mayor and 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.

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Section 6.15. Special Assessments. The Mayor and Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, 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 or rates now or hereafter provided by the laws of the State of Georgia 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 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 Mayor and 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;

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

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however, may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.25 . Capital Improvements Budget. (a) The Mayor may submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, provided that such authorization is passed by two-thirds' vote of the membership of the Council. (b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the Mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the Council. 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 Mayor and Council and such approval is entered in the Council minutes. Section 6.28 . Centralized Purchasing. The Mayor and Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the City.

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Section 6.29 . Sale of City Property. (a) The Mayor and Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law, as now or later amended, by Section 69-318 of the 1933 Code of Georgia (Ga. Laws 1976, p. 350). (b) The Mayor and Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Eminent Domain. The Mayor and Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future.

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Section 7.11 . Franchises. The Mayor and 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 Mayor and Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of fifteen years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Mayor and Council shall provide for the registration of all franchises with the City Clerk in a registration book to be kept by him. The Mayor and Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.12 . Official Bonds. The officers and employees of the City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Council may from time to time require by ordinance or as may be provided by State law. Section 7.13 . Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the City not in conflict with this charter shall continue in force until repealed or amended. 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.

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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, shall be punishable by a fine of not more than One Thousand Dollars or by imprisonment not to exceed Six months or both such fine and imprisonment. Section 7.18. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word City shall mean the City of McDonough, 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. Effective Date. The effective date of this Act shall be January 1, 1982. Section 7.21. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to create a new charter for the City of McDonough; and for other purposes. This the 26th day of January, 1981. S. T. Ellis, Attorney for City of McDonough Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janice S. Horton who, on oath, deposes and says that he/she is Senator from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 28, February 4, 11, 1981. /s/ Janice S. Horton Senator, 17th District Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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OGLETHORPE COUNTYSMALL CLAIMS COURT CREATED. No. 203 (Senate Bill No. 428). AN ACT To create and establish a Small Claims Court of Oglethorpe County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal, and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms, and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Oglethorpe County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $3,000.00, 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.

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Section 2. (a) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Oglethorpe 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 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 Oglethorpe County or any judge of a state court located in said county, on application of said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant; and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly

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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 refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (g) Said notice shall include the date, hour, and location of the hearing, which date shall 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 $20.00 with the court, which shall cover all costs of the

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proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $20.00, plus the cost of service if a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge; and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $12.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day set for the hearing or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If 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

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waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The chief judge of the Superior Court of Oglethorpe 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

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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 Oglethorpe County

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Page 3425

Section 18. Within 30 days after this Act becomes of full force and effect, the Grand Jury of Oglethorpe County, Georgia, then in session or the next succeeding grand jury, if one is not then in session, shall appoint a qualified person to serve as judge of the small claims court from the date of such appointment for a term of one year. Thereafter the grand jury in session in Oglethorpe County immediately prior to the expiration of the term of said judge shall appoint a successor to serve for a term of four years. Any vacancy in such office and any unexpired term shall be filled by the grand jury then in session for the unexpired term. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the 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

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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. Section 24. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 25. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the County of Oglethorpe, acting through the Oglethorpe County Board of Commissioners, intends to introduce local legislation in the 1981 session of the General Assembly, to create and establish a Small Claims Court for Oglethorpe County to prescribe the jurisdiction and practice and pleading in such court, to provide for the duties, powers and qualifications of the judge of such court, and for other purposes relating thereto. This 29th day of January, 1981. /s/ J. W. Griffith Chairman, Board of Commissioners Oglethorpe County, Georgia Georgia, Oglethorpe County. Personally appeared before the undersigned officer authorized to administer oaths, Ralph Maxwell, editor and publisher of The Oglethorpe Echo, who on oath deposes and says that the foregoing Notice of Intention to Introduce Local Legislation was published on January 29, 1981, February 5, 1981 and February 12, 1981, in accordance with the Georgia Constitution. /s/ Ralph B. Maxwell, Jr.

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Sworn to and subscribed before me, this 12 day of February, 1981. /s/ Lisa M. Charpentier Notary Public My Commission Expires: Aug. 1983 (Seal). Approved April 6, 1981. CAMDEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. No. 204 (Senate Bill No. 452). AN ACT To create the Camden County Industrial Authority and to authorize such authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply, the treatment, distribution, and sale of water to individuals, private concerns, and governmental units, the collection, treatment, and disposal of sewage waste and storm water, and any related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of office; to authorize the authority to contract with all cities in the county and with others pertaining to the water and sewerage 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 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 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

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provide that no debt of Camden County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds and other 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; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. Whereas, the population of Camden County is steadily increasing and the matter of obtaining and distributing potable water to and providing sewerage collection, treatment, and disposal services for consumers and users, including municipal corporations located therein, is of prime importance and essential to the health and welfare of citizens within its boundaries and environs; and Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, extension, and improvement of water supply and distribution facilities and sewerage collection, treatment, and disposal facilities throughout the county and environs by the issuance of revenue bonds of the authority for that purpose. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This may be cited as the Camden County Industrial Authority Act. Section 2. Camden County Industrial Authority. There is hereby created a body corporate and politic, to be known as the Camden County Industrial Authority, which shall be deemed to be a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents, or employees. Each member of the governing authority of Camden County shall be an ex officio member of the authority. The term of office of each member shall coincide with his term as a commissioner of roads and revenues of Camden County. The chairman of the governing authority of Camden County shall by virtue of his position be the chairman of the authority. Immediately after the passage of this Act, the members of the authority shall enter

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upon their duties, and as soon as is practicable thereafter they shall hold an organizational meeting. The members shall elect a secretary and treasurer, who need not be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall not be entitled to any compensation for their services but 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 term: (1) Authority means the Camden County Industrial Authority created by Section 2 of this Act. (2) Project means the acquisition and construction of systems, plants, works, instrumentalities, and properties: (A) Used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, and sale of water for public and private uses; or (B) Used or useful in connection with the collection, treatment, and disposal of sewage, waste, and storm water, together with all parts of any such system, plant, work, instrumentality, and property, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, trunk-connecting and other sewers and watermains, filtration works, pumping stations, and equipment. (3) Cost of the project means 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, the 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 expense, and such other expenses as may be necessary or incident to the

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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. (4) Revenue bonds or bonds means revenue bonds authorized to be issued pursuant to this Act, and revenue bonds may be issued by the authority as authorized herein without any other actions or proceedings. (5) As to any project, self-liquidating means that, 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, 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 4. Powers. The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, gift, 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 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

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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 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; (4) To enter into an agreement with any or all of the municipalities in the county with respect to acquiring a source of water supply, providing sewerage service, preparing engineering data, plans, and specifications for a water and sewerage system, extending water mains, apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both, providing for the testing and inspection of facilities constructed, providing for rates to be charged for water and sewerage services furnished to users of the said system, providing for the reading of meters and keeping of pertinent records, apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system, providing for the ownership of the various facilities constructed or acquired, and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Camden County a satisfactory and reliable water and sewerage system at the most reasonable cost possible; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and 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 and sewerage service and facilities or either of

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them by the authority to such municipal corporations and counties and by such municipal corporations and counties to the authority for a term not exceeding 50 years. As to any political subdivision, department, institution, or agency of this state which shall enter into an agreement under the authority granted herein or in paragraph (4) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged; (7) 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 or from the State of Georgia or any agency, instrumentality, or political subdivision thereof; (8) To make loans with, and accept 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 impose; (9) To make loans with, and accept grants of money, materials, or property of any kind from, the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose; (10) 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; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and

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(12) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Financing projects. 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 borrow money for the purpose of paying all or any part of the cost, as herein defined, or any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law, as now or hereafter amended, payable semiannually, shall mature at such time or times not exceeding 30 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 6. Revenue bonds; 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, and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairman of the authority and the attesting manual or facsimile signature of the secretary of the authority, and the official seal of the authority shall be affixed thereto. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signature of the chairman or the secretary of the authority. Any coupon may bear the facsimile signature of such person; and any bond may bear the facsimile signature of and may be

Page 3435

manually 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 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. 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 of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purposes; and the said bonds, their transfer, and the income therefrom 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 any 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 any 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 to be used for paying the principal of and the interest on 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.

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Section 12. 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 13. Same; 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, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act. Section 14. Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Camden County nor a pledge of the faith and credit of the 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 15. 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 within or without the state having the powers of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, 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

Page 3437

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 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 private 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 any 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 fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest on such revenue bonds as such interest shall fall due, (2) the

Page 3438

principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal, 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 any 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 any 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 any 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 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

Page 3439

of Camden County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority to furnish or receive 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 instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the 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 Camden County Industrial 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 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. 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 as proceeds from the sale of revenue bonds, as proceeds of short-term loans, 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.

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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 adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in Camden County and its environs, including municipalities within and outside the county, and to adjoining counties; extending and improving such facilities; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such undertakings. Section 25. 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 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. Tax-exempt status of authority. The properties of the authority, 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 authority shall be exempt from all taxes and special assessments of any city or county or of the state or any political subdivision thereof. Section 27. 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 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

Page 3441

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 welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof. Section 30. Effect of partial validity of Act. The provisions of this Act are severable, and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 31. Effect on existing powers. This Act does not in any way take from Camden County or any municipality located therein or in any adjoining county the authority to own, operate, and maintain water systems or issue revenue bonds as is provided by the Revenue Bond Law Georgia. Section 32. 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 there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to enact an Act creating the joint Camden County Industrial Authority; and for other purposes. This the 29th day of January, 1981. /s/ Bill Littlefield Senator, 6th District The undersigned hereby certifies that the attached legal notices were published in the Camden County Tribune on the following dates: Jan. 29, Feb. 5, Feb. 12, 1981. The undersigned further certifies

Page 3442

that The Camden County Tribune is the official legal organ of Camden County, Georgia. The Camden County Tribune By C. Roberts Publisher Sworn to and subscribed before me, this 12 day of February, 1981. /s/ Audrey T. Addy Notary Public, Georgia State at Large My Commission Expires Nov. 28, 1983. (Seal). Approved April 6, 1981. CHATHAM COUNTYCHIEF TAX ASSESSOR. No. 205 (Senate Bill No. 454). AN ACT To amend an Act implementing a constitutional amendment to authorize the General Assembly to change provisions relating to tax administration of Chatham County and Savannah, approved April 8, 1965 (Ga. Laws 1965, p. 3354), so as to change the manner of appointment and qualifications of the chief tax assessor; to provide for all related matters; 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 implementing a constitutional amendment to authorize the General Assembly to change provisions relating to tax administration of Chatham County and Savannah, approved April 8, 1965 (Ga. Laws 1965, p. 3354), is hereby amended by striking from the first sentence of Section 6 the following: with the concurrence of the mayor and aldermen of the City of Savannah, and by striking the second sentence of Section 6, which reads as follows: The chief tax assessor shall be a citizen of the State of Georgia and a resident of Chatham County for at least twelve (12) months prior to his appointment either without or within the limits of any city therein., so that when so amended said Section 6 shall read as follows: Section 6. In addition, there shall be appointed a chief tax assessor who shall be appointed by the Chatham County commissioners. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation which will be introduced at the 1981 Session of the General Assembly of Georgia to eliminate that portion of Section 6 and an Act set forth in Georgia Laws, 1965, Page 3354, which provides for qualifications of residency for the Chief Tax Assessor. Anton F. Solms, Jr. Chatham County Attorney

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Tom Coleman, Jr. who, on oath, deposes and says that he is Senator from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: February 17, 24, and March 3, 1981. /s/ J. Tom Coleman, Jr. Senator, 1st District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURTSADVANCEMENT OF COURT COSTS IN CERTAIN COUNTIES (190,000 - 210,000). No. 206 (Senate Bill No. 455). AN ACT To provide for the advance deposit toward court costs in the State Courts of the counties of this State having a population of not less

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than 190,000 nor more than 210,000, according to the United States decennial census of 1980 or any future census, so as to provide that the advance deposit toward the payment of court costs cover all charges of the office of Clerk of said State Court and of the Sheriff of said State Courts shall be Twenty Dollars ($20.00); to repeal certain specific Acts; to provide the effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . All persons, firms or corporations filing a suit, civil action, petition, motion or other legal proceeding which commences a civil legal action of any kind shall pay an advance deposit of Twenty Dollars ($20.00) to the Clerk of said State Courts in all counties of this State having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census, at the time of filing of said proceeding to be applied to the payment of all court costs including the charges of the Clerk and the Sheriff of said Courts. Section 2 . This Act specifically repeals Section 7 of that certain Act approved August 15, 1927 (Ga. L. 1927, p. 452) and all laws of this State amendatory thereof in conflict with the provisions hereof. Section 3 . This Act shall become effective on the first day of June, 1981. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981.

Page 3446

MUNICIPAL COURT OF SAVANNAHCOURT COSTS, ETC. No. 207 (Senate Bill No. 456). AN ACT To amend an Act revising, altering, and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. Laws 1969, p. 2857), as amended, so as to set the cash deposit of $8.00 as a filing fee to be applied toward payment of court costs to be paid to the clerk of said court at the time of filing of a suit, petition, complaint, or any other legal proceeding wherein the principal sum sued for or the value of the property in controversy does not exceed the sum of $500.00; to set the cash deposit of $12.00 as a filing fee to be applied toward the payment of court costs to be paid to the clerk of said court at the time of filing of any suit, petition, or any other proceeding wherein the principal sum sued for or the value of the property in controversy exceeds the sum of $500.00 up to a maximum of $1,500.00; to set the amount of cash deposit at $12.00 to be paid to the clerk at the time of filing an appeal to a jury by the appellant; to set the various court costs for the filing, docketing, issuing of summons, and other legal proceedings or writs by the clerk of the Municipal Court of Savannah and also to set a charge for the service of any suit, action, petition, or other proceeding upon the defendant and an additional charge for service on each additional defendant; to provide for all related 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 . An Act revising, altering, and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. Laws 1969, p. 2857), as amended, 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. (a) Each party filing a suit, civil action, petition, motion, or other proceeding of any character in said Municipal Court of Savannah under Section 7 hereof shall deposit the sum of $8.00 as an advance deposit to be paid to the clerk of said court at the time of the filing of said proceeding to be applied to the payment of court costs, provided that the principal sum sued for or the value of the property in controversy does not exceed the sum of $500.00.

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(b) In those suits, civil actions, petitions, motions, or other proceedings in which the principal sum sued for exclusive of interest, attorney's fees, and costs, in which the value of the property in dispute, exclusive of hire, is more than $500.00 and less than $1,500.00, except where jurisdiction is vested exclusively in some other court by the Constitution or laws of this state, each party filing such a suit or proceeding shall deposit the sum of $12.00 as an advance deposit to be paid to the clerk of said court at the time of the filing of said suit or proceeding to be applied to the payment of court costs. (c) The deposit shall not be required by the clerk of any person who shall subscribe to an affidavit to the effect that for reasons of poverty he or she is unable to pay the same, provided said affidavit is approved by the judge of said court. 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. Whenever either party to an action provided for in Section 7 hereof shall be dissatisfied with the judgment of the court, he may enter a written appeal to a jury of six and shall deposit with the clerk at the time of filing such appeal the sum of $12.00 as jury fees. The said municipal court jury shall be selected and impaneled as now or as may hereafter be provided in justices' courts, except that the jurors may reside in any district in Chatham County. Jurors shall be paid the same amount that may be provided for jurors in the superior court. In addition to the other costs to be taxed by the court, the court shall tax against the losing party $12.00 in each case tried by a jury as costs for jury fees; and, if the party originally making the written demand for a trial by jury and depositing with the clerk the sum of $12.00 as jury fees prevails in such proceedings, the amount of said deposit shall be taxed as aforesaid against the losing party as a part of the costs in the case and, if recovered, shall be refunded to the party depositing same after all costs have been paid, provided that the initial trial shall be before the court without a jury. 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:

Page 3448

Section 17. (a) In any action in said court wherein the value of the property in controversy or the amount involved exceeds $500.00 and is not more than $1,500.00, exclusive of interest, attorney's fees, and costs, any judgment, order, or ruling of the court shall be subject to review by the Court of Appeals or the Supreme Court of Georgia in the same manner that judgments and orders of the superior courts are now reviewed; and, in such cases, the trial judge who presided on the original trial of the case or, in his absence, the other judge sitting in said court shall have the same powers and the duties respecting all proceedings, including supersedeas, as the judges of the superior courts now or hereafter may have. (b) Actions involving not more than $500.00 are likewise reviewable hereunder after the same have been tried by a jury, or otherwise finally disposed of by the court. The foregoing shall not be construed as limiting the right to the writ of certiorari. Section 4. Said Act is further amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows: Section 20. The following costs shall be applicable in the Municipal Court of Savannah in civil cases not exceeding $500.00, provided that, when the sum recovered is less than $20.00, the cost shall be one-half: Docketing suits, complaints, or motions $ 3.00 Issuing process or summons 3.00 Cost before judgment 7.00 Cost with default judgment 9.00 Cost with trial and judgment 12.00 Extra defendant, each 4.00 Garnishment cost, each 10.00 Execution cost 5.00 Dispossessory warrant (filing fee and cost) 7.50 Suit on account and garnishment 12.00 Affidavit, bond for attachment 8.00 Distress warrant 8.00 Mortgage foreclosure 8.00 Possessory warrant 8.00 Service of complaint, petition, or motion; each service 10.00

Page 3449

The following costs shall be applicable in the Municipal Court of Savannah in civil cases above $500.00 and not more than $1,500.00: Docketing suits, complaints, or motions $ 5.00 Law library 2.00 Issuing process or summons 5.00 Cost before judgment 12.00 Cost with default judgment 14.00 Cost with trial before court and judgment 17.00 Cost with jury and judgment 21.00 Extra defendant, each 5.00 Garnishment cost, each 11.00 Execution cost 6.00 Suit on account and garnishment 18.00 Affidavit, bond for attachment 12.00 Service of complaint, petition, or motion; each service 10.00 Section 5. This Act shall become effective on June 1, 1981. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1981 session of the General Assembly of Georgia a bill to revise, alter, and change the laws relating to the filing fees, all court costs and appellate procedure of the Municipal Court of Savannah. This 29th day of January, 1981. Anton F. Solm, Jr. Chatham County Attorney

Page 3450

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Tom Coleman, Jr. who, on oath, deposes and says that he is Senator from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 30, February 6, 13, 1981. /s/ J. Tom Coleman, Jr. Senator, 1st District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. SMALL CLAIMS COURT ACT REPEALED AS TO CERTAIN COUNTIES (4,600 - 5,300). No. 208 (House Bill No. 5). AN ACT To repeal an Act entitled An Act creating a small claims court in each county of this state having a population of not less than 4,600

Page 3451

and not more than 5,300, according to the United States decennial census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any small claims court; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for bailiffs; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts in this state; to provide for the procedure and practice in garnishments, in the issuance of executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize the board of commissioners of roads and revenues to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts; to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes., approved April 4, 1967 (Ga. Laws 1967, p. 2624); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act creating a small claims court in each county of this state having a population of not less than 4,600 and not more than 5,300, according to the United States decennial census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any small claims court; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for bailiffs; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts in this state; to provide for the procedure and practice in garnishments, in the issuance of executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize the board of commissioners of roads and revenues to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts; to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes., approved April 4, 1967 (Ga. Laws 1967, p. 2624), is hereby repealed in its entirety.

Page 3452

Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Lanier County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. LANIER COUNTYSMALL CLAIMS COURT CREATED. No. 209 (House Bill No. 6). AN ACT To create and establish a Small Claims Court of Lanier County; to provide for the current judge; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any small claims court; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for bailiffs; to standardize and fix the monetary limits of such court in conformity with preexisting small claims courts in this state; to provide for the procedure and practice in garnishments, in the issuance of executions from said court, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize the county commissioners of Lanier County to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said court; to provide such additional personnel as in their judgment such court may require; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to

Page 3453

provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Lanier County. Such 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 $1,000.00, said jurisdiction to be county-wide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in Lanier County; and such jurisdiction shall include the power to issue writs of garnishment and attachment, foreclose chattel mortgages and other instruments passing or retaining title to personalty for the purpose of securing debt; and, in addition to the powers herein specifically granted, also the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Section 2. (a) The judge of the small claims court in Lanier County who is serving on the effective date of this Act shall serve until the expiration of his current term of office and until his successor is appointed and qualified under subsection (b). (b) Thereafter the senior judge of the superior court in Lanier County shall appoint a citizen of Lanier County to be judge of the small claims court for a term of four years and until his successor is appointed and qualified. Vacancies for any unexpired terms shall be filled in the same manner as appointments. Section 3. Whenever the judge of the small claims court shall be unable, because of absence, sickness, or other cause, to discharge any duty appertaining to his office, the judge of the superior court of the judicial circuit 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 so unable to act. Section 4. Any duties herein prescribed to be performed by the clerk of a small claims court may be performed by the judge thereof, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized.

Page 3454

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 clear and concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice may be made in Lanier County by an officer or person authorized by law to serve process in superior courts; or by a duly qualified small claims court bailiff; or by registered or certified mail with a return receipt; or by any private individual not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a party of the record in case, and it shall be a prima facie evidence of service upon the defendant. (d) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim

Page 3455

of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall specify the day and hour of the hearing, which shall not be less than five nor more than thirty-five days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in the case. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00) which shall cover the costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants and summoning witnesses when required; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be seven dollars and fifty cents ($7.50); and in other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and, in claim cases and illegalities, instituted by a third party after levy, the costs shall be seven dollars and fifty cents ($7.50), to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to discretion of the judge and shall be taxed in the case at his discretion. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rule of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.

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(c) In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration in attachment shall be required. (d) If the plaintiff fails to appear, the case may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may dictate. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court, and the judge shall be entitled to seven dollars and fifty cents ($7.50) for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demands for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the losing party in said proceeding. Section 12. When a judgment is to be rendered and the party against whom it is to be rendered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to

Page 3457

stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 13. The judge of such small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 14. The judge of the superior court presiding in Lanier County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to ensure the proper administration of justice and to accomplish the purposes hereof. All such rules made by the judge of the superior court shall be placed in a special book for that purpose which is to be kept by the judge of the small claims court. Section 15. The judge of such court shall have power to appoint one or more bailiffs of and for said small claims court, to act within and throughout the limits of Lanier County, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as small claims court bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said small claims court, with power, also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be removed for failure or malfeasance in office as are other lawful constables of this state. Section 16. Such small claims court shall have no designated terms at stated periods, but being always open for the transaction of business, the judge thereof shall, in each instance, set dates for all hearings and trials in every kind of case and, also, designate the times when attachments and executions are returnable and, also, designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than

Page 3458

ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have been first rendered against the defendant. Section 17. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a small claims court bailiff; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or the writ of attachment. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of services either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 18. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses, and to compel their attendance. (a) Unless otherwise demanded such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. (b) The judge of small claims court shall have power to impose fines of not more than ten dollars or imprisonment for not longer than twenty-four hours on any person guilty of contempt of court, such fines to be paid into the Lanier County treasury or Lanier County depository for county purposes.

Page 3459

Section 19. Judgments of small claims court shall become a lien on the real estate and personal property of a defendant, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 20. Appeals may be had from judgments rendered in a small claims court, to the superior court, by the party desiring to appeal. Said party shall first pay all costs then due. Said party must then file in the superior court a written appeal which shall include the name and number of the case in the small claims court stating his grounds for appeal, which grounds must first be heard before the judge of the superior court. If after a full hearing the grounds for appeal are denied, said party shall have the right to appeal to a higher court in the same manner as other decisions of the superior court are appealed. Section 21. Until otherwise provided by rules of court, the statement of claims verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons and/or process now provided by law: Small Claims Court

Page 3460

Page 3461

Section 22. All acts performed by the judge or clerk and all proceedings before the Small Claims Court of Lanier County are hereby validated, and all judgments and executions therein or therefrom shall run and be enforceable throughout this state. Section 23. No time served as judge of said small claims court shall count towards any retirement as a judge of a superior court. Section 24. (a) All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets and the like, required by this Act in the proper operation of a small claims court shall be furnished by the Lanier County commissioners upon requisition of the judge of such court. (b) The Lanier County commissioners shall provide adequate and suitable quarters, facilities and accommodations for transacting the business of such court, and they may provide such additional personnel as in their judgment the court may from time to time require. Section 25. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Lanier County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Lanier County which is created by this Act.

Page 3462

Section 26. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Lanier County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Lanier County as created by an Act approved April 4, 1967 (Ga. Laws 1967, p. 2624), which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 27. 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 28. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act creating a small claims court in each county of this state having a population of not less than 4,600 and not more than 5,300, according to the United States decennial census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any small claims court; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for bailiffs; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts in this state; to provide for the procedure and practice in garnishments, in the issuance of executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize the board of commissioners of roads and revenues to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts; to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes.', approved April 4, 1967 (Ga. Laws 1967, p. 2624); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes.

Page 3463

does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Lanier County; to provide for other matters relative thereto; and for other purposes. This the 15th day of Dec., 1980. Lakeland Merchants Association By Carolyn M. Giddens President 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 Lanier County News which is the official organ of Lanier County, on the following dates: December 18, 25, 31, 1980. /s/ Robert L. Patten Representative, 149th District

Page 3464

Sworn to and subscribed before me, this 12th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDED. No. 210 (House Bill No. 51). AN ACT Amendatory of an Act known as Macon-Bibb County Water Sewerage Authority Act Amended, approved February 8, 1974 (Georgia Laws 1974, page 2031 et seq.); and to amend an Ordinance of the City of Macon, Georgia, entitled An Ordinance to amend the Charter of the City of Macon whereby all of the property and assets, real and personal, under the custody and control of the Board of Water Commissioners, or utilized heretofore by the Water Board in its water and sanitary sewerage activities, be transferred to the Macon-Bibb County Water and Sewerage Authority; to repeal charter provisions pertaining to the Board of Water Commissioners, approved May 11, 1974, passed and approved pursuant to the authority of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298 et seq., as amended, Section 69.1017 et seq., 1933 Code of Georgia Annotated), published in Georgia Laws 1975, page 4841 et seq.; to amend an Act entitled Macon-Water Commissioners- Pension Plan, approved December 30, 1953 (Georgia Laws 1953, November-December Session, 2831 et seq.), as amended so as to change the name

Page 3465

of the pension plan involved from the Board of Water Commissioners Pension Plan to The Macon-Bibb County Water Sewerage Authority Employees' Pension Plan, and to amend Section 8 of said last mentioned Act approved December 30, 1953, pertaining to debts or charges to which benefit payments or portion of the pension fund contributed by member employees or officers may be subjected; 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 Section 1 of an Act entitled Macon-Water Commissioners-Pension Plan, approved December 30, 1953 (Georgia Laws 1953, November-December Session, page 2831 et seq.), as amended, be amended by striking the same in its entirety and adding in lieu thereof the following: Section 1. From and after the effective date of this Act, hereinafter specified, the Pension and Retirement Plan for certain eligible employees and officers of Macon-Bibb County Water Sewerage Authority, the successor to the Board of Water Commissioners of Macon, Georgia, shall be known as The Macon-Bibb County Water Sewerage Authority Employees Pension Plan. Section 2. Section 8 of said Act approved December 30, 1953, as amended, be amended by striking the same in its entirety and adding in lieu thereof the following: Section 8. Payment of benefits and exemption of funds and benefits. All benefit payments save those described in Items (4), (5), (6) and (7) of subsection (a) of Section 6, shall be paid monthly. No benefit payment or portion of the Pension Fund contributed by member employees or officers shall be subject to assignment, or use as collateral, for any claim or debt of any kind or character by any person, firm or corporation whatsoever, save by and at the instance of the Macon-Bibb County Water Sewerage Authority or the Macon Water Works Credit Union, a corporation of Bibb County, Georgia, and then only for money lawfully owing to said Authority or said Credit Union by any particular member, and then only to the extent of such member's benefit payments and contributions to the Pension Fund made prior to the completion of 20 years' service, and then only to a member whose service is terminated.

Page 3466

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 Enact Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph IX of the Constitution of the State of Georgia of 1976 (codified as Section 2-1309 of the 1933 Code of Georgia Annotated, as amended, notice is hereby given that application will be made to the 1981 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 entitled Macon Water Commissioners-Pension Plan, appearing in Georgia Laws 1953, November-December Session, pp. 2831 et seq., as amended by Acts of the Georgia Legislature (Georgia Laws 1964, pp. 2695 et seq. and Georgia Laws 1970, pp. 2324 et seq., and Home Rule Ordinance appearing in Georgia Laws 174, pp. 4088 et. seq.) The purpose of said amendatory Act will be to change the name of the Pension Plan from The Board of Water Commissioners Pension Plan to The Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan, and to amend Section 8 of said Pension Plan Act pertaining to debts or charges to which benefit payments or portions of the Pension Fund contributed by member employees or officers may be subjected. This 8th day of December, 1980. Wallace Miller, Jr. Attorney for Macon-Bibb County Water and Sewerage Authority

Page 3467

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 News which is the official organ of Bibb County, on the following dates: December 12, 19 and 26, 1980. /s/ Frank Pinkston Representative, 100th District Sworn to and subscribed before me, this 12 day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF DACULAPROCEDURE TO OVERRIDE MAYOR'S VETO. No. 211 (House Bill No. 57). AN ACT To amend an Act creating a new charter for the city of Dacula, approved February 21, 1978 (Ga. Laws 1978, p. 3040), so as to provide

Page 3468

that the city council may override the mayor's veto by a majority vote of the council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the city of Dacula, approved February 21, 1978 (Ga. Laws 1978, p. 3040), is hereby amended by striking subsection (b) of Section 2.27, relating to powers and duties of the mayor, which reads as follows: (b) shall approve or veto all ordinances or motions passed by the council. However, a mayoral veto may be overridden by a 2/3 vote of the council at the next regular meeting of the council;, and inserting in its place a new subsection to read as follows: (b) shall approve or veto all ordinances or motions passed by the council. However, a veto may be overridden by a vote of the majority of the council at its next regular meeting;. 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 1981 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Dacula, approved February 21, 1978 (Ga. Laws 1978, p. 3040), so as to change the vote of the city council required to override a veto by the mayor; and for other purposes. This 17th day of Dec., 1980. Vinson Wall Representative, District 61

Page 3469

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: December 17, 24, 31, 1980. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 13th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3470

CARROLL COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 212 (House Bill No. 295). 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 25, 1980 (Ga. Laws 1980, p. 3961), so as to change the compensation of the clerk of the superior court of Carroll County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Clerk of the Superior Court of Carroll County on a salary basis, approved March 27, 1972 (Ga. Laws 1972, p. 2751), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3961), is hereby amended by striking in its entirety Section 2, which reads 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., and inserting in its place a new section to read as follows: Section 2. (a) For a period of three months immediately following the effective date of this section the clerk of the superior court shall receive a salary of $2,416.00 per month, payable monthly from county funds. (b) Immediately following the three-month period provided in subsection (a), the salary of the clerk of the superior court shall be $23,000.00 per year, 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.

Page 3471

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981 session of the General Assembly of Georgia a bill to change the compensation of the Clerk of the Superior Court of Carroll County and for other purposes. This 23rd day of December, 1980. /s/ Charles A. Thomas, Jr. /s/ Gerald L. Johnson /s/ Wayne Garner 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 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: December 25, 1980, January 1, 8, 1981. /s/ Charles A. Thomas, Jr. Representative, 66th District Sworn to and subscribed before me, this 20th day of January, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).

Page 3472

Approved April 6, 1981. CARROLL COUNTYCOMPENSATION OF COUNTY COMMISSIONER. No. 213 (House Bill No. 294). AN ACT To amend an Act creating the office of Commissioner of Carroll County, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4064), so as to change the compensation of the Commissioner of Carroll County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Commissioner of Carroll County, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4064), is hereby amended by striking from Section 6 the figure: $24,500, and inserting in lieu thereof the figure: $30,000.00, so that when so amended said Section 6 shall read as follows: Section 6. The Commissioner shall receive a salary of $30,000.00 per annum. Such salary shall be payable in equal monthly installments at the end of each month. In addition to the salary as provided herein, the Commissioner shall also be allowed an expense account to cover costs incurred in traveling and any other expenses incidental to the performance of his duties which shall not exceed $3,000 per annum.

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Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1981 session of the General Assembly of Georgia a bill to change the compensation of the Commissioner of Roads and Revenues of Carroll County; and for other purposes. This 23rd day of December, 1980. /s/ Charles A. Thomas, Jr. /s/ Gerald L. Johnson /s/ Wayne Garner 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 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: December 25, 1980, January 1, 8, 1981. /s/ Charles A. Thomas, Jr. Representative, 66th District

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Sworn to and subscribed before me, this 20th day of January, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. STATE COURT OF CARROLL COUNTYSALARY OF SOLICITOR, ETC. No. 214 (House Bill No. 293). AN ACT To amend an Act establishing the State Court of Carroll County (formerly the City Court of Carrollton), approved December 21, 1897 (Ga. Laws 1897, p. 438), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2714), so as to change provisions relating to the compensation and staff 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 establishing the State Court of Carroll County (formerly the City Court of Carrollton), approved December 21, 1897 (Ga. Laws 1897, p. 438), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2714), is hereby amended by striking from subsection (a) of Section 7 the following: fifteen thousand one hundred twenty dollars ($15,120.00), and inserting in lieu thereof the following:

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$30,000.00, so that when so amended said subsection (a) shall read as follows: (a) It shall be the duty of the solicitor of the State Court of Carroll County to represent the State in all cases therein, and in all cases in the Supreme Court carried from said State Court to which the State is a party. In case the solicitor of said State Court cannot attend to the duties of the same, the judges thereof shall appoint some competent attorney to act as solicitor pro tem. The solicitor of said State Court shall receive an annual salary of $30,000.00, to be paid in equal monthly installments from funds of Carroll County. The solicitor shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by said officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. The solicitor of said State Court, before entering upon the discharge of his duties, shall, in addition to the oath required of all civil offices, take and subscribe the following oath: `I do solemnly swear that I will faithfully and impartially, and without fear, favor or affection, discharge the duties of the office of solicitor of the State Court of Carroll County, so help me God.' Section 2. Said Act is further amended by striking in its entirety subsection (b), which reads as follows: (b) The solicitor shall have the authority to appoint a secretary who shall be compensated out of the salary paid to the solicitor by Carroll County. The solicitor shall have the authority to appoint such other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such other personnel needed by his office, together with

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the suggested compensation to be paid each employee. The compensation of such personnel shall be commensurate with the compensation received for similar work in Carroll County, but shall not be less than the compensation paid to such personnel on February 1, 1972. It shall be within the sole discretion of the solicitor to set the compensation of each employee within his office. It shall be within the sole power and authority of the solicitor, during his term of office, to designate and name the person or persons who shall be employed as such 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., and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any clerical or secretarial personnel employed by the solicitor shall be employed by him in his discretion and compensated by him personally in such amounts as he may fix. 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 January 1981 session of the General Assembly of Georgia, a bill to amend the Act creating a City Court of Carrollton, now known as the State Court of Carroll County, as amended, so as to change the compensation of the Solicitor of said court; and for other purposes. This 23rd day of December, 1980. /s/ Gerald l. Johnson /s/ Charles A. Thomas, Jr. /s/ Wayne Garner

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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 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: December 25, 1980, January 1, 8, 1981. /s/ Charles A. Thomas, Jr. Representative, 66th District Sworn to and subscribed before me, this 20th day of January, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. SUMTER COUNTYCOMPENSATION OF SHERIFF. No. 216 (House Bill No. 261). AN ACT To amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, approved March 25, 1965 (Ga. Laws 1965, p. 2748), as amended, particularly by an Act approved March 16, 1978

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(Ga. Laws 1978, p. 3861), so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, approved March 25, 1965 (Ga. Laws 1965, p. 2748), as amended, particularly by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3861), is hereby amended by striking from Section 1 of said Act the following: 15,301.00, and substituting in lieu thereof the following: $22,400.00, so that when so amended Section 1 shall read as follows: Section 1. The Sheriff of Sumter County shall be compensated on a salary basis in lieu of a fee basis. He shall receive an annual salary of $22,400.00, payable in equal monthly installments from the funds of Sumter County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Sumter County on a salary, approved March 27, 1965 (Ga. Laws 1965, p. 2748), as amended, so as to change the compensation of the sheriff; and for other purposes. Bud McKenzie Senator Elect, 14th District George Hooks Representative Elect, 116th District
Page 3479

Don Castleberry Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George B. Hooks 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 2, 9, 16, 1981. /s/ George B. Hooks Representative, 116th District Sworn to and subscribed before me, this 19th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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SUMTER COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 217 (House Bill No. 63). 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 March 18, 1980 (Ga. Laws 1980, p. 3386), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of 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 March 18, 1980 (Ga. Laws 1980, p. 3386), is hereby amended by striking from the last sentence of subsection (b) of Section 10 of said Act the following: $18,500.00, and substituting in lieu thereof the following: $21,000.00, so that when so amended Section 10 of said Act shall read as follows: Section 10. (a) The compensation of the tax commissioner shall not exceed $7,999.00 per annum, the exact amount to be fixed by the Board of Commissioners of Sumter County, payable in equal monthly installments out of the general funds of Sumter County. (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

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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 $21,000.00 per annum. Any excess commissions collected by the tax commissioner shall be remitted to the fiscal authority of said county as provided herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 in the office of Tax Commissioner, approved August 19, 1925, (Ga. Laws 1925, p. 744); as amended, so as to change the compensation of the Tax Commissioner; and for other purposes. Bud McKenzie Senator-Elect, 14 District George Hooks Representative-Elect, 116 District Don Castleberry Representative, 111 District

Page 3482

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George B. Hooks 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: December 20, 27, 1980, January 3, 1981. /s/ George B. Hooks Representative, 116th District Sworn to and subscribed before me, this 12th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. DECATUR COUNTYBAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITYPOWERS. No. 218 (House Bill No. 69). AN ACT To further define and prescribe the powers of the Decatur County-Bainbridge Industrial Development Authority which was

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created pursuant to an amendment to the Constitution (Ga. Laws 1968, p. 1780), duly ratified and proclaimed as a part of the Constitution of the state; to supplement, enlarge, and extend such powers with respect to said authority; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, by amendment to the Constitution of the State of Georgia (Ga. Laws 1968, p. 1780), duly ratified and proclaimed, there was created a body corporate and politic known as the Decatur County-Bainbridge Industrial Development Authority having the purpose and powers therein more fully set forth; and WHEREAS, the authority, since its creation and the appointment of its members, has been in continual existence and has been actively pursuing and promoting the public purposes for which it was created; and WHEREAS, subsequent to the creation of the authority, the General Assembly of the state enacted the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, which provides for the creation and activation of certain authorities and grants to authorities created and activated thereunder certain powers in furtherance of the public purposes stated therein; and WHEREAS, the powers granted to authorities created under said Development Authorities Law are broader than those set forth in the constitutional amendment creating the authority; and the General Assembly wishes to grant to the authority all additional powers and authority for the carrying out of its public purposes as though said authority had been created and activated pursuant to the Development Authorities Law; and WHEREAS, said constitutional amendment provides that the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The powers granted to the Decatur County-Bainbridge Industrial Development Authority in the amendment to

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the Constitution (Ga. Laws 1968, p. 1780), hereinabove referred to, are hereby supplemented, enlarged, and extended so as to include all powers granted pursuant to the Development Authorities Law, as now or hereafter amended, as though said authority had been created and activated pursuant to said Development Authorities Law, including specifically, but without any limitation, the following powers: (1) The word project, as set forth in said constitutional amendment, shall be expanded to include any project authorized pursuant to the Development Authorities Law, as now or hereafter amended. (2) The term cost of project, as set forth in said constitutional amendment, shall be expanded to include any project costs permitted pursuant to the Development Authorities Law, as now or hereafter amended, and not otherwise prohibited by the Constitution. (3) In addition to the specific powers granted to the authority pursuant to paragraph F. of said constitutional amendment, the authority shall have all powers now granted to authorities created and activated pursuant to the Development Authorities Law, as now or hereafter amended, and not otherwise prohibited by the Constitution. (4) In addition to obligations of any kind or character which the authority is authorized to issue pursuant to the constitutional amendment, the authority is hereby additionally authorized to issue any obligations now authorized to be issued by any authority created and activated pursuant to the Development Authorities Law; and such additional obligations hereby authorized to be issued shall be authorized, issued, validated, and delivered in the manner and pursuant to the procedures as set forth in the Development Authorities Law, as now or hereafter amended. Section 2. It is the purpose of the General Assembly in enacting this law that the authority have and retain all powers set forth in the constitutional amendment and that those powers be fully supplemented, enlarged, and extended so as to permit the authority to conducts its business and perform its public purposes as fully and completely as though it were also an authority created and activated pursuant to the Development Authorities Law, as now or hereafter amended.

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Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to further define and describe powers of the Decatur County-Bainbridge Industrial Development Authority which was created pursuant to an amendment to the Constitution (Ga. Laws 1968, pp. 1780-1787) duly ratified and proclaimed as a part of the Constitution of the State and to supplement, enlarge and extend such powers with respect to said Authority, all as is permitted pursuant to the terms of said Constitutional amendment, so as to permit the Decatur County-Bainbridge Development Authority to have, in addition to the powers and purposes granted by the Development Authorities Law, as heretofore amended, and to have the same as thoroughly and completely as though said Authority were originally created and activated under said Development Authorities Law; to provide for other matters relative to the foregoing; and for other purposes. This 15th day of December, 1980. Decatur County-Bainbridge Industrial Development Authority By: Harold Lambert, Attorney for the Decatur County-Bainbridge Industrial Development Authority

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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: December 17, 24, 31, 1980. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 12th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF BAINBRIDGEELECTIONS, ETC. No. 219 (House Bill No. 70). AN ACT To amend an Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. Laws 1901, p. 321), as amended, so as to change the date for holding elections in said city; to

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provide for the election of the mayor and aldermen; to provide for terms of office; to require certain language on the ballots; 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 Bainbridge, approved December 16, 1901 (Ga. Laws 1901, p. 321), as amended, is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) Beginning in 1981 and continuing thereafter, city elections shall be held on the second Tuesday in November every two years. (b) The mayor and four aldermen elected at the city election in January, 1978, or successors filling vacancies in such offices, shall continue to serve out their respective terms of office and until their successors are elected and qualified. Successors to such mayor and four aldermen shall be elected at the city election held on the second Tuesday in November, 1981, for terms of four years beginning on January 6, 1982. The four aldermen elected at the city election in January, 1980, or successors filling vacancies in such offices, shall continue to serve out their respective terms of office and until their successors are elected and qualified. Successors to the four aldermen shall be elected at the city election held on the second Tuesday in November, 1983, for terms of four years beginning on January 6, 1984. (c) Successors to the mayor and aldermen elected pursuant to the provisions of subsection (b) shall be elected at the city election immediately preceding the expiration of their respective terms of office and shall take office on the January 6 immediately following their election for terms of office of four years and until their successors are elected and qualified. (d) The mayor and aldermen may reside in any part of the City of Bainbridge, and the mayor and aldermen shall be elected by the voters of the entire city on a city-wide basis. In each election for mayor, the candidate for mayor receiving the highest number of votes at said election shall be declared the winner. In each election for aldermen, the four candidates for aldermen receiving the highest number of votes at said election shall be declared the winners.

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(e) In each such election, the ballots to be cast in the election shall be plainly marked so as to indicate to the electors that they can vote for one candidate for mayor and four candidates for alderman or four candidates for alderman in election years when there is no election for mayor. If an elector votes for any number of candidates for alderman less than four, the ballot will still be counted. It shall also be made clear on the ballot that, if any elector votes for more than four candidates for alderman or more than one candidate for mayor in election years when there is an election for mayor, the elector's ballot will not be counted. 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 1981 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. Laws 1901, p. 321), as amended; and for other purposes. This 17th day of December, 1980. Walter 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 17, 24, 31, 1980.

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/s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 12th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (7,040 - 7,055). No. 220 (House Bill No. 77). AN ACT To repeal an Act entitled An Act to create a small claims court in certain counties of this State; to provide for the appointment, duties, powers, compensations, qualifications, substitutions and tenure of the judges of such courts; to prescribe the jurisdiction, pleadings, practice and service of processess therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for service of process by the county sheriff or his deputies; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts in this State; to provide for the procedure and practice in garnishments, in the issuance of executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize the counties to provide adequate and suitable quarters,

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facilities and accommodations for transacting the business of said courts; to provide for additional personnel; to repeal conflicting laws; and for other purposes., approved March 4, 1977 (Ga. Laws 1977, p. 270), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3514); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a small claims court in certain counties of this State; to provide for the appointment, duties, powers, compensations, qualifications, substitutions and tenure of the judges of such courts; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for service of process by the county sheriff or his deputies; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts in this State; to provide for the procedure and practice in garnishments, in the issuance of executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize the counties to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts; to provide for additional personnel; to repeal conflicting laws; and for other purposes., approved March 4, 1977 (Ga. Laws 1977, p. 270), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3514), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Lee County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety.

Page 3491

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. LEE COUNTYSMALL CLAIMS COURT CREATED. No. 221 (House Bill No. 150). AN ACT To create and establish a Small Claims Court of Lee County; to provide for legislative intent; to provide for the appointment, duties, powers, compensations, qualifications, substitutions and tenure of the judge of such court; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for service of process by the county sheriff or his deputies; to standardize and fix the monetary limits of such court in conformity with preexisting small claims courts in this State; to provide for the procedure and practice in garnishments, in the issuance of executions from said court, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize Lee County to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said court; to provide for additional personnel; to provide for the continuation of certain processes, cases, suits, and actions; to provide for other matters relative thereto; to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Lee County. It is the further intent of the General Assembly that the court created by this Act shall be a

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continuation of the heretofore small claims court created by an Act approved March 4, 1977 (Ga. Laws 1977, p. 270), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 2. There is hereby created and established a Small Claims Court of Lee County. Such 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 $2,500.00, said jurisdiction to be county-wide and to be concurrent with the jurisdiction of the superior court of Lee county; and such jurisdiction shall include the power to issue writs of garnishment and attachment, foreclose chattel mortgages and other instruments passing or retaining title to personalty the purpose of securing debt; and, in addition to the powers herein specifically granted, also the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Section 3. (a) The judge of the small claims court in Lee County who is serving on the effective date of this Act shall serve until the expiration of his current term and until his successor is appointed and qualified under subsection (b). (b) The judge of the superior court of the judicial circuit shall appoint and commission a citizen of Lee County to be judge of said court for a term of office of four years and until a successor is appointed and qualified. Vacancies for unexpired terms shall be filled in the same manner as appointments. The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. Section 4. Whenever the judge of the small claims court shall be unable, because of absence, sickness, or other cause, to discharge any duty appertaining to his office, the judge of the superior court of the judicial circuit shall appoint a temporary judge, who shall perform the duties of judge of the small claims court during the absence of the regularly appointed judge. Section 5. The clerk of the small claims court shall be appointed by and selected at the discretion of the board of commissioners in Lee County, and he shall collect all advance costs, docket the case, and

Page 3493

attach process of service to each suit filed, and his remuneration for said service, if any, shall be determined by the governing authority. Section 6. The clerk of the small claims court shall collect $30.00 filing costs when any suit is filed and maintain an itemized statement showing the case number and costs collected and once a month turn over all costs to the judge of the small claims court. The judge shall retain a minimum of $10.00 filing costs or a maximum of $20.00 filing costs, to be determined by the board of commissioners in Lee County, as the sole remuneration of the judge, and the remainder of the filing costs shall be deposited in the general fund of the county to defray expenses of the court. The judge shall not collect any costs from any party to any claim in his court. The clerk of the small claims court shall add no costs for services rendered by the clerk of the small claims court, and the sheriff shall add no costs for his services. When either party shall request a fi. fa., the clerk shall collect $2.00 for each such fi. fa. Section 7. (a) Actions shall be commenced by the filing of a statement of claims, including the last known address of the defendant, in clear and concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided or its equivalent, and shall affix his signature thereto. (b) A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. The sheriff or his deputies shall serve all processes and make their return to the clerk of the small claims court. (c) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (d) Said notice shall specify the day and hour of the hearing, which shall not be less than five nor more than thirty-five days from the date of the service of said notice. Section 8. All judgments and executions shall be entered on the docket and paid over to the clerk of the small claims court who shall make payments to the party or parties in conformity with said judgment.

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Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prio to the trial of any case, the judge shall make an earnest effort to settle any controversy by conciliation. If the judge fails to induce the parties to settle their difference without a trial, he shall proceed with the hearing on the merits. (b) In cases of attachment and garnishment, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration shall be required. (c) If the plaintiff fails to appear, the case may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may dictate. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demands for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the losing party in said proceeding.

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Section 12. When a judgment is to be rendered and the party against whom it is to be rendered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 13. The judge of the superior court presiding in Lee County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to ensure the proper administration of justice and to accomplish the purposes hereof. All such rules made by the judge of the superior court shall be placed in a special book for that purpose which is to be kept by the judge of the small claims court. Section 14. Such small claims court shall hold court at 9:00 o'clock a.m. on the first and third Wednesdays of each month in the calendar year and using the courtroom of the superior court, and in the event that superior court is in session, then in that event, using the meeting room in the office of the county board of commissioners; and each answer to the complaint, summons of garnishment and all other proceedings shall be followed in conformity with the rules of the practice and procedure of the superior court. Section 15. The clerk of the small claims court or, in case of sickness, absence, or other cause, a deputy clerk of the office of superior court shall attend small claims court, and the sheriff or one of his deputies shall attend small claims court. Section 16. A summons of garnishment may be served by the sheriff or his deputies. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of services either on the back of the original garnishment affidavit, or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be.

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Section 17. (a) Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses, and to compel their attendance. (b) Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. (c) The judge of a small claims court shall have power to impose fines of not more than ten dollars or imprisonment for not longer than 24 hours on any person guilty of contempt of court, such fines to be paid into the county treasury or county depository for county purposes. Section 18. Judgments of small claims court shall become a lien on the real estate and personal property of a defendant, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 19. Appeals may be had from judgments rendered in a small claims court, to the superior court, by the party desiring to appeal. Said party shall first pay all costs then due. Said party must file in the superior court a written appeal which shall include the name and number of the case in the small claims court stating his grounds for appeal, which grounds must first be heard before the judge of the superior court. If after a full hearing the grounds for appeal are denied, said party shall have the right to appeal a higher court in the same manner as other decisions of the superior court are appealed. Section 20. Until otherwise provided by rules of court, the statement of claims verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons or process now provided by law; Small Claims Court of Lee County

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Page 3498

Section 21. All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets and the like, required by this Act in the proper operation of a small claims court shall be furnished by the county commissioners upon requisition of the judge of such court. Section 22. The governing authority of all Lee County shall provide adequate and suitable quarters, facilities and accommodations

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for transacting the business of such court, and it may provide such additional personnel as in its judgment the court may from time to time require. Section 23. All mesne and final processes and all actions, suits, and cases which are pending in the small claims court in Lee County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Lee County which is created and established by this Act. Section 24. This Act shall become effective July 1, 1981; provided, however, that if an Act entitled An Act to repeal an Act entitled `An Act to create a small claims court in certain counties of this State; to provide for the appointment, duties, powers, compensations, qualifications, substitutions and tenure of the judges of such courts; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for service of process by the county sheriff or his deputies; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts in this State; to provide for the procedure and practice in garnishments, in the issuance of executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize the counties to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts; to provide for additional personnel; to repeal conflicting laws; and for other purposes.', approved March 4, 1977 (Ga. Laws 1977, p. 270), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3514); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. 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 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Lee County; to provide for other matters relative thereto; and for other purposes. This the 17th day of December, 1980. T. P. Tharp, Clerk Lee County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Hutchinson who, on oath, deposes and says that he/she is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Lee County, on the following dates: December 19, 26, 1980 and January 2, 1981. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 14th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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CITY OF RUSSELLNEW CHARTER. No. 222 (House Bill No. 187). AN ACT To create a new charter for the City of Russell, in the County of Barrow; to provide for corporate limits; to provide for the powers of the city; to provide for a mayor and the election thereof; to provide for the powers, duties and authorities of the mayor; to provide for a mayor pro tem and the selection and duties thereof; to create a city council; to provide for the composition thereof; to provide for elections, terms, qualifications and compensation of the members of the city council; to provide for the filling of vacancies on the city council; to provide for certain prohibitions and requirements for officials and employees of the city and penalties for violations thereof; to authorize investigations; to provide for meetings of the city council; to provide for practices and procedures; to provide for ordinances, codes, and matters related thereto; to provide for emergencies; to provide for administration of the city's government; to provide for boards, commissions, and authorities; to provide for a city attorney and city clerk; to provide for bonds; to provide for elections; to provide for removal of officers; to create a municipal court; to provide for judges; to provide for jurisdiction and powers of the court; to provide for practices and procedures; to provide for appeals and rules; to provide for taxes and the practices and procedures related thereto; to provide for licenses, permits, fees, franchises, and special assessments; to provide for delinquent taxes and fees; to provide for financial and fiscal affairs of the city; to provide for budgets, appropriations, and audits; to provide for a land development code; to provide for existing personnel and officers and pending matters; to provide for construction and severability; to provide for penalties; to repeal an Act incorporating the City of Russell in the Counties of Jackson and Walton, approved December 18, 1902 (Ga. Laws 1902, p. 569), as amended; to provide for existing ordinances and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION, BOUNDARIES AND POWERS Section 1.10 Incorporation. This act shall constitute the charter of the City of Russell. The city and the inhabitants thereof, are hereby constituted and declared a body politic incorporate under the name and style of the City of Russell, Georgia and by that name shall have perpetual duration. Section 1.11 Boundaries. (A) The boundaries of the City of Russell shall be as follows: BEGINNING at the intersection of the center line of the main trunk line of the Seaboard Coastline Railroad and the present Southeastern boundary of the Corporate limits of the City of Winder; commence therefrom in a North, Northeastern direction along and with the said Southeastern boundary of the Corporate limits of the City of Winder and its meanderings thereof, until said boundary shall intersect at a point in the Southerly Right of Way boundary line of Wright Street; thence along and with the said Southern Right of Way of Wright Street in an Easterly direction and its meanderings thereof, until said Right of Way shall intersect at a point in the Western Right of Way boundary line of Pickle Simon Road; thence along and with the said Western boundary of Pickle Simon Road in a Southerly direction and its meanderings thereof, until said Right of Way shall intersect at a point in the centerline of the Seaboard Coastline Railroad main trunk line; thence continue along the said Western Right of Way of Pickle Simon Road until said Right of Way intersects at a point, in the centerline of U. S. Highway No. 29, commonly known as the Athens-Winder Highway; thence along and with the centerline of U. S. Highway No. 29 in a Westerly direction until the said centerline intersects at a point in an extended centerline of the South End of Chapel Church Road; thence along and with the centerline of the said Chapel Church Road in a South, Southwesterly direction and its meanderings thereof to a point in the centerline of Georgia State Route No. 53, commonly known as the Hog Mountain Road; thence along and with the centerline of the said Route 53 in a Westerly direction to a point in an extended North Western Right of Way boundary line of Booth Road, commonly referred to as the Golf

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Course Road; thence along and with the said North Western Right of Way of Booth Road in a Southwesterly direction and its meanderings thereof to a point in the Southeastern Right of Way boundary line of Corinth Church Road; thence along and with the said Right of Way of Corinth Church Road in a Northwesterly direction and its meanderings thereof until said Right of Way intersects at a point in the corporate limits of the City of Winder, said Corporate limits to include Yargo Heights and Woodland Estate Subdivisions and all other annexations made prior to this act; thence along and with the said Corporate limits of the City of Winder in a Northerly direction and its meanderings thereof to a point in the centerline of U. S. Highway 29; thence along and with the Corporate limits of the City of Winder in a Northeasterly direction to the point and place of beginning. There is also included in the corporated limits of the City of Russell all lands now within said City whether or not said lands are included in the above description. (B) These boundaries may be altered from time to time in the manner provided by the law of the State of Georgia and as provided in this charter. The boundaries of the City of Russell at all times shall be shown on a map, written description, or any combination thereof to be retained permanently in the office of the Clerk of the City of Russell and to be designated Official Map (or Description) of the Corporate limits of the City of Russell, Georgia. Photographic, typed, or other copies of such map or description or combination thereof certified by the Clerk of the City of Russell may be admitted as evidence in all courts and shall have the same force and effect as the original map, description, or combination thereof. (C) The mayor and council may provide by ordinance for the redrawing of any such map, rewriting of any such description, or redrafting of any combination thereof to reflect lawful changes in the corporate boundaries. A redrawn map, rewritten description, or redrafted combination thereof shall supersede for all purposes any earlier map or maps, description or descriptions, or combination or combinations thereof which it is designated to replace. Section 1.12 Powers. (A) The city shall have all powers possible for a city to have under the present or future Constitution and laws of the State of Georgia as fully and completely as though they were specifically enumerated in this charter, including all powers of self-government not specifically prohibited by the general law or a local Act of the State of Georgia.

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(B) The powers of the City of Russell shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the City of Russell. (C) The corporate powers of the City of Russell shall include but are not limited to the following: (1) Taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; to levy and collect such other taxes as may be allowed now or in the future by the law of the State of Georgia; (2) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (3) Municipal Debts. To appropriate and borrow money for the payment of debts of the City of Russell 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; to purchase certificates of deposit or deposit city revenues in any account; (4) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City of Russell; (5) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City of Russell and the general welfare of the citizens of Russell, on such terms and conditions as the donor or grantor may impose insofar as those terms and conditions accord with the Constitution and laws of the State of Georgia and provisions contained in this charter and where the mayor and city council formally approve such terms and conditions by majority vote; (6) Condemnation. To condemn property, inside or outside the corporate limits of the City of Russell for present or future use,

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and for any corporate purpose deemed necessary by the governing authority, under present or future provisions of the laws of the State of Georgia; (7) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (8) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission; (9) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (10) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City of Russell and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under any applicable present or future law of the State of Georgia; (11) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and

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conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (12) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (13) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (14) Public Peace. To provide for the prevention and punishment of public drunkenness, public disturbances and breach of the peace; (15) Special Areas of Public Regulation. To regulate or prohibit junk dealers; to regulate or prohibit pawn shops, 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 message parlors; (16) Alcohol Regulation. To provide for and regulate the sale, transportation or manufacture of spiritous liquors, wines, malt beverages and intoxicating liquors of every kind and character and to impose penalties on persons keeping spiritous liquors, wines, malt beverages, and intoxicating liquors for sale, transportation, or manufacture in violation of any ordinance or ordinances regulating the same; (17) 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 right-of-way of streets and roads or within view thereof, within or abutting the corporate

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limits of the city and to prescribe penalties and punishment for violation of such ordinances; (18) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (19) 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 of Russell; (20) 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; (21) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (22) 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; (23) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitay service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing or doing business therein benefitting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (24) 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

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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; (25) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (26) 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; (27) Jail Sentences. To provide that persons given jail sentences in the city's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (28) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance, to provide punishment for violation of ordinance enacted hereunder; (29) 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; (30) 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; (31) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City of Russell; (32) Special Assessments. To levy and provide for the collection of special assessment to cover the costs of any public improvements;

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(33) 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; (34) General Health, Safety, and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City of Russell and to provide for the enforcement of such standards; (35) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City of Russell and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers now or in the future authorized to be exercised by other municipal government under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. ARTICLE II LEGISLATIVE BRANCH Chapter 1. Governing Body Section 2.10. City Council Creation; Composition; Number; Election. The legislative authority of the government of the City of Russell, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of three (3) seats to be filled by citizens of the city who shall be called councilmembers and who shall be elected in the manner provided by Article V of this charter. The seats on the city council shall be number and referred to as seat one, seat two and seat three. Section 2.11. Term and Qualifications of Office. The councilmembers shall serve for terms of two (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless said person shall have been a resident of the city immediately prior to the date of the election to said office; shall continue to reside therein during said

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person's period of service; and shall be registered and qualified to vote in municipal elections of the City of Russell. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (A) Vacancies - There shall be a vacancy in a seat on the city council upon an incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (B) Forfeiture of Office - Any councilmember shall forfeit said office if said person: (1) lacks at any time during said person's term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; (3) is convicted of a crime involving moral turpitude; or (4) abandons said office or neglects to perform the duties thereof. (C) Filling of Vacancies - A vacancy in a council seat shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13. Compensation and Expenses. The councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office and may fix by ordinance their compensation as authorized by general law. Section 2.14. Prohibitions. (A) Holding Other 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 said person is elected.

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(B) Voting When Personally Interested - No member of the council shall vote upon any question in which said person is personally interested. Section 2.15. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Council. (A) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Russell 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, property or well-being of the inhabitants of the City of Russell and may enforce such ordinances by imposing penalties for violation thereof. (C) The council may by ordinance create, change, alter, abolish or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. Chapter 2. Organizations and Procedures Section 2.20. Organization. (A) The city council shall meet for organization within 45 days following election to office. At such meeting and thereafter at the first regular meeting following an election, the oath of office shall be administered by the city clerk to the councilmembers beginning a new term of office as follows:

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I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilmember, as the case may be) of the City of Russell and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (B) The council, by majority vote of all the members thereof, shall elect one of their number to be mayor pro tem., who shall serve for a term of two (2) years and until his successor is elected and qualified. The mayor pro tem. shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's disability, absence or in the event of a vacancy in that office. Section 2.21. Regular and Special Meetings. (A) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday and at any hour it may fix, and may transact any business at such continued meeting that may be transacted at any regular meeting. (B) Special meetings of the council may be held on call of the mayor or two (2) members of the council. Notice of such special meetings shall be served on all other members as provided by ordinance. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers' presence. Only the business stated in the notice may be transacted at the special meeting, unless all council members are present and consent. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting. (C) All meetings of the council shall be public, except where otherwise provided by law and notice to the general public of special meetings shall be made as fully as is reasonably possible prior to such special meeting. Section 2.22. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall

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provide for keeping a journal of its proceedings, which shall be a public record. Section 2.23. Quorum; Voting. Any two members of the city council shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adopting of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal; but any member of the council shall have the right to request a roll-call vote. A majority vote of the quorum shall be required for the adoption of any ordinance, resolution or motion. Section 2.24. Action Requiring an Ordinance. (A) Except as herein provided, every official action of the council which is to become law, shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Russell hereby ordains... and every ordinance shall so begin. (B) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish under Section 2.22 of this charter; provided, however, an ordinance, except emergency ordinances, shall not be adopted the same day it is introduced except ordinances may be adopted at the first meeting where they are originally introduced upon the affirmative vote of all members present. Upon introduction of any ordinance, the clerk shall distribute a copy to each member of the council and to the mayor and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.25. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided by

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law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two members of the council shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed thirty (30) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinance. Section 2.26. Codes of Technical Regulations. (A) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.27. (B) Copies of any adopted code of technical regulations shall be made available to the clerk for distribution or for purchase at a reasonable price. Section 2.27. Signing, Authenticating, Recording; Codification, Printing. (A) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. (B) The council may by ordinance provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law.

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Section 2.28. Veto Power of Mayor. (A) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (B) The mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (C) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of three of its members, it shall become law. (D) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided by this Section. ARTICLE III EXECUTIVE BRANCH Chapter 1. Mayor Section 3.10. Chief Executive Officer. The mayor shall be the chief executive of the City of Russell. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. Section 3.11. Election; Forfeiture; Oath; Compensation; Holding Other Offices; Personal Interests. The mayor shall be elected in the manner provided in Article V of this charter and serve for a term of two (2) years and until his

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successor is elected and qualified. He shall have the same qualifications, be administered the oath of office and forfeit his office on the same grounds and under the same procedures as for council members. The manner of fixing compensation, and the limitations on holding other offices and dealing in matters in which he is personally interested shall be the same for the mayor as is established for council members. Section 3.12. Powers and Duties (A) As the chief executive of the City of Russell, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads and employees of the city except as otherwise provided in this charter and subject to review by the council; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommend capital budget; (5) Submit to the council at least once a year a statement covering the financial and general conditions of the city and from time to time such other information as the council may request; (6) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (7) Call special meetings of the council as provided for in Section 2.21; (8) Approve or disapprove ordinances as provided for in Section 2.28; (9) Examine and audit all accounts of the city before payment;

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(10) Require any department, agency or officer of the city to submit written reports on the duties thereof whenever he deems it expedient; (11) Be the official head of the city for the service of process and for ceremonial purposes; (12) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected; (13) Inspect or cause to be inspected the records and books of account of the officers of the city and shall see that they are properly and correctly kept; (14) See that order is maintained in the city and that its property and effects are preserved; (15) Perform such other duties as may be required by law, this charter or ordinance. (B) The said mayor shall have the authority to: (1) Bind the city by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the council, properly passed in accordance with the provisions of this charter; (2) Do acts and things as may be proper and necessary in the proper conduct of the affairs of the city and as may be hereinafter authorized. Section 3.13. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem., appointed by the council, or in his absence or disability for any reason, any councilmember chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.

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Chapter 2. Organization and General Provisions Section 3.20. Administrative and Service Departments. (A) The council may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of any departments, offices and agencies hereafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. (B) The operations and responsibilities of each department established in the city shall be distributed among such divisions or bureaus as may be provided by the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance consistent therewith, and shall be subject to the general supervision and guidance of the mayor and city council. (C) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (D) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (E) All appointive officers and directors of departments shall receive such compensation as prescribed by the city council. Section 3.21. Boards, Commissions and Authorities. (A) All members of boards, commissions and authorities of the city shall be appointed by the council in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law.

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(B) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable State law. (C) No member of any board, commission or authority shall assume office until said member shall have executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of such office, such oath to be administered by the mayor. (D) Any member of a board, commission or authority may be removed from office for cause by a vote of two (2) members of the council. (E) Members of the board, commissions and authorities may receive expenses in the performance of their official duties as approved by the council. (F) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (G) Except as otherwise provided by this charter or by applicable State law, each board, commission and authority of the city government shall elect one of its members as chairman and one member as vice chairman for terms of one (1) year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.22. City Attorney. The council shall appoint a city attorney together with such assistant city attorneys as may be authorized and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend the meetings of the council as directed; shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.

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Section 3.23. City Clerk. The council shall appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.24. Tax Collector. The council shall appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.25. Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk and city tax collector, or any other positions and may assign the functions of any one or more of such positions to the holder or holders of any other positions. Chapter 3. Personnel Administration Section 3.30. Personnel Policies. The council shall adopt rules and regulations consistent with the charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Russell. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation; Name. There shall be a court to be known as the Municipal Court of the City of Russell. Section 4.11. Chief Judge; Associate Judge. (A) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby associate judges as shall be provided by ordinance.

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(B) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years. All judges shall be appointed by the city council. (C) Compensation of the judges shall be fixed by ordinance. (D) Judges may be removed for cause by a vote of two (2) members of the city council. (E) Before entering on the duties of his office, each judge shall take an oath given by the mayor that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal. Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance. Section 4.13. Jurisdiction; Powers. (A) The municipal court shall have the authority to try and punish violations of all city ordinances. (B) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $50.00 or 10 days in jail. (C) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500 or imprisonment for 90 days or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. (D) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (E) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash

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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. (F) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (G) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (H) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served or executed by any officer as authorized by this charter or by general State law. (I) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general State laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Barrow County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, that any person who fails to file his appeal within 10 days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.

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Section 4.15. Rules for Court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Russell as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.11. Qualifying; Nomination and Election of Candidates; Absentee Ballots. The council may, by ordinance, prescribe rules and regulations consistent with law governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, purging of registration lists, and such other rules and regulations as may be necessary or appropriate to fulfill any options or duties of a municipality under the Georgia Municipal Election Code for the conduct of elections in the City of Russell. The candidate for mayor receiving the highest number of votes shall be deemed elected mayor, and the candidates receiving the highest number of votes for the city council shall be deemed elected councilmember. Section 5.12. Appointed Mayor and Council. There are hereby designated and appointed ALEXANDER BREVARD RUSSELL, SR. as mayor of the city and MRS. O. B. (GERLIE) SMITH, CECIL L. (BO) KELLUM and DENNIS EDGAR all residents of the city as councilmembers of the city who

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shall immediately take office upon the approval of this charter as hereinafter provided upon taking the oath of office specified in Section 2.20 of this charter before any officer authorized by law to administer oaths. The mayor and councilmembers appointed herein shall hold their respective offices until their successors are elected and qualified at an election held in said city as provided in Section 5.13 of this charter or until a vacancy shall occur as provided in Section 5.14. Section 5.13. Regular Elections; Time for Holding Oath. A mayor and three (3) councilmembers shall be elected on the first Tuesday in December, 1982, and on that date every two (2) years thereafter. Their terms of office shall begin at the time of taking the oath of office as provided in Section 2.20 of this charter. Section 5.14. Vacancies. In the event that the office of mayor shall become vacant for any cause whatsoever, the mayor pro tem. shall act as mayor until the next general election with all the powers and duties of the mayor. In the event that the office of councilmember shall become vacant for any cause whatsoever, such vacancy shall be filled by appointment by the city council. The tenure of office of a councilmember so appointed shall continue only until the next general election. Section 5.15. Registration of Electors. (A) The council may elect either to maintain its own registration or provide for the registration of electors by resolution or other appropriate measure, stating that any person who is a resident of the city and who is registered as an elector with the board of registrars of the county, and meets the municipal residency requirements, shall be eligible to vote in an election. (B) In the event the council does not elect to maintain its own registration, it may nevertheless appoint registrars as provided by law whose duties shall include the purging of the city's list of electors under the provisions of the Georgia Municipal Election Code. (C) No person shall vote in any City of Russell election unless said person shall be a registered voter, qualified as required by law to vote in municipal elections in the City of Russell.

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ARTICLE VI FINANCE AND FISCAL Chapter 1. Taxation Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, may be subject to a property tax levied by the City of Russell. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax Levy. The council shall be authorized to levy an ad valorem tax on all taxable real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purposes as determined by the council in its discretion. The council is also authorized to provide for the sufficient levy to pay principal and interest on general obligations. Section 6.12. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk or tax collector and executed by any police officer of the city under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any

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and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city. Section 6.14. Licenses; Occupational Taxes; Excise Taxes. The council by ordinance shall have full power to levy such specific or occupation taxes upon the residents of the City of Russell, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of licensing and taxation in any way which may be lawful; to require such persons to purchase licenses; to compel the payment of such licenses and taxes by execution or any other lawful manner; and to enact ordinances and regulations necessary or proper to carry out the powers thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Service Charges. The council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer, sanitary, health services or any other services rendered both within and without the corporate limits of the City of Russell for the total cost to the city for providing such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this Article. Section 6.16. Special Assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, paving, or otherwise improving any public way, street, sidewalk, curbing, gutters, sewers, other utility mains and appurtenances, or other public improvements against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. If unpaid, such charges shall be collected as provided in Section 6.18 of this Article.

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Section 6.17. Construction; Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of Development Taxes and Fees; Transfer of Executions. The city council by ordinance may provide generally for the collection of delinquent taxes, fees or other revenue due the city by whatever reasonable means as are not precluded by general State law. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereafter provided by law. Chapter 2. Indebtedness Section 6.20. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue Bonds. Revenue bonds may be issued by the council as State law now or hereafter provides.

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Section 6.22. Short-term Notes. Pursuant to applicable State law, the city may obtain and must repay temporary loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Chapter 3. Accounting and Budgeting Section 6.30. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department or institution, agency and activity of the city government, unless otherwise provided by State or federal law. Section 6.31. Submission of Operating Budget to City Council. On or before a date fixed by the council but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.32. Action by Council on Budget. (A) The council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. (B) The council shall adopt the final operating budget for the ensuing fiscal year not later than seven (7) days prior to the beginning thereof. If the council fails to adopt the budget by this date, the amounts appropriated for the 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.

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Section 6.33. Property Tax Levies. As the next order of business following adoption of the operating budget, the council shall levy by ordinance an annual tax on all taxable real and personal property within the City of Russell. 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 Russell. Section 6.34. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenues. Section 6.35. Capital Improvements Budget. The council may by ordinance provide for the preparation by the mayor and submission to the council of a capital improvements budget. Chapter 4. Procurement and Property Management Section 6.40. Contracting Procedures. All contracts shall be made or authorized by the council, and no contracts shall bind the city unless reduced to writing and approved by the council. Section 6.41. Centralized Purchasing. (A) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Russell. (B) Except as otherwise provided by law, the council may sell and convey any real or personal property owned or held by the City of Russell for governmental or other purposes, at a public or private sale, with or without advertisement, for such consideration as it shall deem equitable and just for the city.

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ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Streets. The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon and otherwise to exercise complete control over the public streets, alleys, squares and sidewalks of the City of Russell. The council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose. Section 7.11. Municipal Utilities. The council shall have the power and authority to acquire, own, hold, build, maintain and operate a system of waterworks, electric lights, sewerage and gas distribution; to establish rates and charge fees for services rendered in any said systems; to finance any of said systems through appropriate bond issue in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to and of said systems, both within and without the corporate limits; and to contract to furnish the services of any of said systems to consumers outside the corporate limits of the City of Russell. Section 7.12. Sewers and Drains. The council shall have the power and authority to provide for the establishment, extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes, the city is granted the power of eminent domain both within and without its corporate limits. The council may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into the same when such service is made available. They may cause said connection to be made when the owners refuse and issue executions to be made for the amount so expended, which execution shall create a lien on the property connected with said water and sewerage systems from the date of the order of connection.

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Section 7.13. Right-of-Way. The city shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains for waterworks and sewerage system purposes along the highways in Barrow County without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and watershed from which the water supply is taken from contamination and to protect said waterworks and sewerage system, including the mains, pipes and conduits, whether the same be situated within or without the corporate limits of said city. Section 7.14. Power to Regulate and License. The council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature engaged in or carried on within the limits of the City of Russell, regardless of whether or not the subject has an office or establishment within said city. The council shall be authorized to fix the amount, terms and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents, and any other legal entity capable of transacting business. Section 7.15. Franchises. The council shall have authority to exercise control over the use of the public streets of the City of Russell. The power is hereby conferred upon the council to grant franchises for the use of said city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, gas companies, and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted

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unless the city receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the clerk of council in the registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.16. Building, Housing, Electrical and Plumbing Regulations. The council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the council, be exercised by adoption of any such standard building, housing, heating, and air-conditioning, electrical and plumbing codes as may be deemed appropriate. The council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees of inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical or plumbing work. The council may enact all ordinances necessary to enforce such rules and regulations. ARTICLE VIII MISCELLANEOUS Section 8.10. Official Bonds. The officers and employees of the City of Russell, 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. Constitution. The captions to the several Sections of this charter are informative only and are not to be considered as a part thereof. The singular shall include the plural and the masculine the feminine and vice versa.

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Section 8.12. Penalties. The violation of any provision of this charter for which no penalty is specifically provided for herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 8.13. Severability. If any Article, Section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that all Articles, Sections, subsections, paragraphs, sentences or parts thereof be enacted separately and independently of one another. Section 8.14. Specific Repealer. An Act incorporating the City of Russell in the Counties of Jackson and Walton, approved December 18, 1902 (Ga. Laws 1902, p. 569), as amended, is hereby repealed in its entirety. Section 8.15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, local legislation in the form of a bill to amend and revise the charter for the City of Russell, to create a new charter for the City of Russell, to define the corporate limits and for other purposes.

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This 15th day of December, 1980. /s/ R. Bruce Russell, Sr. City Attorney City of Russell, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Russell who, on oath, deposes and says that he/she is Representative from the 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Winder News which is the official organ of Barrow County, on the following dates: December 16, 23, 30, 1980. /s/ John Russell Representative, 64th District Sworn to and subscribed before me, this 15th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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CITY OF UNION POINTCOMPENSATION OF MAYOR AND COUNCIL. No. 223 (House Bill No. 189). AN ACT To amend an Act creating a new charter for the City of Union Point, approved March 16, 1978 (Ga. Laws 1978, p. 3966), so as to change the compensation of the mayor and councilmembers; 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 Union Point, approved March 16, 1978 (Ga. Laws 1978, p. 3966), is hereby amended by striking Section 2.13 in its entirety and inserting in lieu thereof a new Section 2.13 to read as follows: Section 2.13. Compensation and expenses. The compensation of each councilmember shall be $50.00 per month. The mayor shall be compensated in the amount of $100.00 per month. In addition, the mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office in the manner provided by ordinance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Union Point, approved March 16, 1978 (Ga. Laws 1978, p. 3966); and for other purposes. This 8th day of December, 1980. Owen O. Scott, Jr. Mayor

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie Max 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 Herald Journal which is the official organ of Greene County, on the following dates: December 12, 19, 26, 1980. /s/ Louie Max Clark Representative, 13th District Sworn to and subscribed before me, this 14th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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STATE COURT OF FULTON COUNTYCOMPENSATION OF CHIEF JUDGE. No. 224 (House Bill No. 215). AN ACT To amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), so as to change the compensation of the chief judge of the court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), is hereby amended by adding at the end of Section 6 a new subsection (d) to read as follows: (d) The chief judge of the court for his services as chief judge shall be paid from county funds the sum of $200.00 per month. This compensation for performing the duties of chief judge shall be in addition to his compensation as a judge of the 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 1981 Session of the General Assembly of Georgia, a bill to Amend an Act of the General Assembly approved March 24, 1976, (Ga. Laws 1976, Page 3025), to provide that the Chief Judge of the State Court of Fulton, for performing his duties as Chief Judge of said Court, shall receive extra compensation in addition to his regular salary as Judge of said Court.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. C. Daugherty, Sr. who, on oath, deposes and says that he/she is Representative from the 33rd 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 22, 29, 1980 and January 5, 1981. /s/ J. C. Daugherty, Sr. Representative, 33rd District Sworn to and subscribed before me, this 16th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY. No. 225 (House Bill No. 216). AN ACT To create the Downtown Bainbridge Development Authority; to provide for the appointment of members of the authority and their terms of office; to create the Downtown Bainbridge Central Business

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District; to authorize the authority to levy a tax; to provide for the powers of the authority; to authorize the authority to issue revenue bonds; to provide for procedures connected with all of the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Article IX, Section VIII, Paragraph II of the Constitution, there is hereby created in and for the City of Bainbridge the Downtown Bainbridge Development Authority, hereinafter referred to as the authority. Section 2. The authority shall be composed of eight members to be appointed as hereinafter provided. One member of the authority shall be the mayor of the City of Bainbridge, two members of the authority shall be appointed by the said mayor, and the other five members shall be appointed by the city council from merchants operating businesses within the Downtown Bainbridge Central Business District; provided, however, that five of the eight members shall be owners of an interest of at least a life estate or greater interest in real estate located in the Downtown Bainbridge Central Business District or officers at the time of appointment of a corporation or other association owning such real estate or in fee or for life of an undivided interest in such real estate; provided, further, that, of the five members appointed by the city council, one member shall be appointed from each subdistrict within the Downtown Bainbridge Central Business District. All members, with the exception of the mayor, shall be appointed for terms of three years; provided, however, with respect to the initial members, the mayor shall appoint one member for a term of three years and one member for a term of two years, three members shall be appointed by the city council for terms of three years, and two members shall be appointed by the city council for terms of two years. The Downtown Bainbridge Development Authority shall adopt and abide by its own bylaws establishing meeting dates, quorums, the recalling of members, and other pertinent procedures. Section 3. The Downtown Bainbridge Central Business District shall consist of the following area divided into five subdistricts: (1) Subdistrict 1 - All of that area bound on the north by the Seaboard Coastline Railroad, on the east by Scott Street, on

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the south by Evans Street between Scott and Washington Streets and then by Shotwell Street between Washington and Bruton Streets, and on the west by Bruton Street and the Flint River. It shall also include properties on the east side of Scott Street which abut on the area included and properties on the south side of Shotwell Street which abut on the area included. (2) Subdistrict 2 - All of the properties located on the north and south sides of Shotwell Street from Scott Street eastward to the city limits. (3) Subdistrict 3 - All of the properties on the east and west sides of Scott Street between College and Evans Streets. (4) Subdistrict 4 - All of the properties on the east and west sides of West Street between U.S. 27-84 Bypass and Evans Street. (5) Subdistrict 5 - All of the properties on the north and south sides of U.S. 84 (Dothan Road) from the Flint River west to the city limits. Section 4. The Downtown Bainbridge Development Authority shall be a body corporate and politic having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell, and convey real and personal property, tangible or intangible, at public or private sale, with or without advertisement, and to do all things necessary to the accomplishment of its purposes. Section 5. The purpose of said authority shall be the redevelopment and improvement of the Downtown Bainbridge Central Business District; and said authority shall have the power to employ engineers, architects, surveyors, landscape architects, planners, and others in the furtherance of its purpose, to assist public bodies and private owners in the improvement of public and private properties by assisting in the planning therefor, to contract for the construction, remodeling, altering, and demolition of buildings, and to contract with the City of Bainbridge and other public bodies for the construction, reconstruction, altering, and changing streets, alleys, parking lots, and malls. Section 6. The authority shall have the power to designate the Downtown Bainbridge Central Business District or any section of

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such district as a special tax district and collect taxes within said district not exceeding 20 mills based on values fixed by the tax digest of the City of Bainbridge, Georgia, or the tax digest of the County of Decatur as provided by law, to defray the costs of foregoing, and to issue executions and enforce payment of same in the same manner as tax executions for the City of Bainbridge are issued and enforced. Such executions shall be issued in the name of the authority and shall be signed by an authority member as chairman or clerk. Said tax executions shall bear interest and fi. fa. costs at the same rate and amount as tax executions of the City of Bainbridge. All taxes levied by the authority shall become due and payable at the same time as ad valorem taxes levied by the City of Bainbridge. The authority may contract with the City of Bainbridge for the collection of any taxes levied by the authority. Section 7. The authority shall have the power to issue notes or other evidences of indebtedness including revenue bonds or revenue certificates, to pledge revenues and to levy and collect taxes as hereinabove provided for the retirement of said indebtedness, and to issue executions for enforcement thereof as provided in Section 6; provided, however, that the aggregate levy of taxes as provided for in Section 6 of this Act shall not exceed 20 mills. Obligations of the authority may be secured by the pledge or conveyance of all or any part of its assets, real or personal, tangible or intangible, but the obligations of the authority shall not be obligations of the City of Bainbridge or the State of Georgia. The authority shall have the right to accept gifts and grants from whatever source and use them for its general purpose. The property, obligations, and the interest on the obligations of the authority shall have the same exemptions from taxation as the property, obligations, and interest on the obligations of the City of Bainbridge. Section 8. No taxes shall be levied by said authority for any purpose against property other than real property or against any real property occupied by the owner exclusively as a residence or against any real property not subject to taxation by the City of Bainbridge. Section 9. The authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. Section 10. No funds of the authority, except for planning, engineering, and design, shall be spent on the improvement of private property.

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Section 11. Any project or contract which requires the authority to levy a tax as provided in Section 6 shall be prohibited unless it is approved by: (1) The governing authority of the City of Bainbridge; and (2) A petition of at least 60 percent of the business owners and owners of parcels of business or commercial property within the Downtown Bainbridge Central Business District, or any subdistrict if the tax is only to be levied in a subdistrict, according to the following rules: (A) Each business owner shall have one vote or signature. (B) Each owner of a parcel of business or commercial property within the district or subdistrict, as the case may be, shall have one vote or signature. (C) No person shall have more than three votes or signatures regardless of the number of businesses or parcels of business or commercial property such person owns in the Downtown Bainbridge Central Business District or any subdistrict, as the case may be. Section 12. An Act creating the Downtown Bainbridge Development Authority, approved April 11, 1979 (Ga. Laws 1979, p. 3709), is hereby repealed in its entirety. Section 13. 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 1981 session of the General Assembly of Georgia, at the request of the Mayor and City Council of the City of Bainbridge, an Act creating the Downtown Bainbridge Development Authority as authorized by the Constitutional Amendment approved in the General Election of November 4, 1980, and for other purposes.

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This 24th day of December, 1980. Walter 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 24, 31, 1980 and January 7, 1981. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 16th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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STATE COURT OF RICHMOND COUNTYACT AMENDED. No. 226 (House Bill No. 229). AN ACT To amend an Act creating the State Court of Richmond County, approved September 22, 1881 (Ga. Laws 1880-81, p. 574), as amended, so as to prohibit the judge of the state court from engaging in the practice of law; to provide for an assistant solicitor; to provide for the powers, duties, and compensation of the assistant 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 Richmond County, approved September 22, 1881 (Ga. Laws 1880-81, p. 574), as amended, is hereby amended by adding at the end of Section 2 of said Act an undesignated subsection to read as follows: The judge of the State Court of Richmond County shall not engage in the private practice of law. Section 2. Said Act is further amended by adding at the end of Section 4 of said Act an undesignated subsection to read as follows: The solicitor of the State Court of Richmond County is authorized to appoint, subject to the approval of the judge of the state court, an assistant solicitor. The assistant solicitor shall serve at the pleasure of the judge and solicitor of the state court. Any assistant solicitor shall have been a resident of Richmond County for a period of not less than one year prior to his appointment, shall be at least 21 years of age at the time of appointment, and shall be a member of the State Bar of Georgia and qualified to practice law. The assistant solicitor shall, before assuming office, take the same oath of office as that prescribed for the solicitor. The assistant solicitor shall have such authority as may be delegated to him by the solicitor and, when acting on behalf of or for the solicitor, shall have all the power and authority vested in the solicitor of the State Court of Richmond County. The salary of the assistant solicitor shall be established by the governing authority of Richmond County and shall be paid from county funds.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, an Act to amend an Act to establish a City Court (State Court) in the County of Richmond (Ga. Laws 1880-81, p. 574), so as to prove that the Judge of said Court shall not be permitted to engage in the private practice of law; to provide that the Solicitor of State Court of Richmond County shall have the right and authority to appoint an Assistant Solicitor, with the approval of the Judge of said Court, to serve at the pleasure of the Solicitor and Judge of said Court; to provide the duties of the Assistant Solicitor of the State Court; to provide qualifications and salary for the Assistant Solicitor of the State Court; to provide an effective date; to repeal conflicting laws; and for other purposes. This 17th day of December, 1980. Robert C. Danile, 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 Southeastern Newspapers Corporation, publisher of The Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that the legal notice of intention to apply for local legislation was duly published once a week for three weeks, as required by law. Said dates of publication being December 22, 29, 1980 and January 5, 1981.

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/s/ William S. Morris, III President, Southeastern Newspapers Corporation Publisher of The Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me, this 7th day of January, 1981. /s/ Marie B. Marriott Notary Public, Richmond County, Georgia. (Seal). Approved April 6, 1981. STATE COURT OF FULTON COUNTYJURISDICTION OF MAGISTRATES, ETC. No. 227 (House Bill No. 260). AN ACT To amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended, particularly by an Act creating for said court the office of magistrate, approved March 25, 1980 (Ga. Laws 1980, p. 3735), so as to change the provisions relative to the jurisdiction of the magistrate; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended, particularly by an Act creating for said court the office of magistrate, approved March 25, 1980 (Ga. Laws 1980, p. 3735), is hereby amended by striking in its entirety Section 2 of said amendatory Act approved March 25, 1980 (Ga. Laws 1980, p. 3735) and substituting in lieu thereof a new Section 2 to read as follows: Section 2. Magistrate; powers and jurisdiction. (a) Said magistrate shall have county-wide jurisdiction to hear and determine cases involving the following: (1) Violations of all county ordinances and regulations; (2) Violations of all state and county traffic laws and regulations; (3) Civil cases referred by the Chief Judge of the State Court of Fulton County; and (4) Violations of all State Game and Fish laws and regulations. (b) In addition to the jurisdiction specified by subsection (a) of this Section, said magistrate shall have jurisdiction to accept a plea of guilty to any misdemeanor except one of a high and aggravated nature and to pass judgment thereon when the defendant waives, in writing, the right to arraignment and to trial by judge or jury. 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 1981 session of the General Assembly of Georgia a bill to amend an act establishing a State Court of Fulton County, approved March 24, 1976, (Ga. L. 1976, p. 3023); and for other purposes.

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This 10th day of December, 1980. John Tye Ferguson Associate County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bettye Lowe who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 19, 26, 1980 and January 2, 1981. /s/ Bettye Lowe Representative, 43rd District Sworn to and subscribed before me, this 16th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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TOWN OF TUNNEL HILLTERMS OF COMMISSIONERS, ETC. No. 228 (House Bill No. 303). AN ACT To amend an Act incorporating the Town of Tunnel Hill, approved March 4, 1856 (Ga. Laws 1855-56, p. 373), as amended, so as to change the provisions relating to the election and terms of office of the commissioners and chairman of the board of commissioners of said town; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that an Act incorporating the Town of Tunnel Hill, approved March 4, 1856 (Ga. Laws 1855-56, p. 373), as amended, is hereby further amended as follows: Section 1. (a) From and after the effective date of this section, for the purposes of electing members to the board of commissioners of the Town of Tunnel Hill, positions of membership on the board shall be designated Post 1 through Post 5, respectively. A candidate offering for election to the board shall designate by number that position on the board for which he offers as a candidate. Five commissioners shall be elected at the general city election in 1981. Candidates who are elected to the board at the 1981 election shall serve for terms of office of two years; provided, however, that the candidates elected to Post 1 and Post 2 shall serve an initial term of one year. Thereafter, candidates elected to the board of commissioners shall serve for terms of office of two years and until their successors are elected and qualified. (b) At the first meeting of the board of commissioners following the annual city election, the board shall elect one of its members to serve as chairman of the board of commissioners for a term of one year and until his successor is elected. (c) Members of the board of commissioners of the Town of Tunnel Hill serving on the effective date of this section shall continue to serve out the terms of office to which they were elected. 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 1981 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Tunnel Hill, approved March 4, 1856 (Ga. Laws 1855-56, p. 373), as amended; and for other purposes. This 19 day of December, 1980. /s/ Tom Ramsey Representative, 3rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen News which is the official organ of Whitfield County, on the following dates: December 26, 1980, January 2, 9, 1981. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 20th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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STATE COURT OF HOUSTON COUNTYTERMS OF COURT. No. 229 (House Bill No. 310). AN ACT To amend an Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. Laws 1975, p. 2584), 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 to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. Laws 1975, p. 2584), is hereby amended by striking from the first sentence of Section 21 of said Act the following: March, June, October and January, and substituting in lieu thereof the following: January, March, May, July, September, and November, so that when so amended Section 21 of said Act shall read as follows: Section 21. The terms of court of the State Court of Houston County shall be the third Monday of January, March, May, July, September, and November. Dates for guilty pleas, noncontested civil matters and nonjury matters shall be set by the judge. The judge may, in his discretion, hold adjourned terms, when business requires it, to close the dockets and may in the exercise of a sound discretion cause new juries to be drawn for the same or order the juries drawn for the regular term to give attendance upon such adjourned terms; and said judge is authorized to hold special terms of said court for the trial

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of criminals or for the disposition of civil business, either or both, at discretion, and either to compel the attendance of jurors of previous term or to draw new jurors for the same according to the laws now in force. 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 1981 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Houston County, approved February 28, 1975 (Ga. Laws 1975, p. 2584), so as to change the terms of said court; and for other purposes. This the 18th day of December, 1980. Ed Barker Senator, 18th District Ted W. Waddle Representative-elect, 113th District Roy H. Watson Representative, 114th District Larry Walker Representative, 115th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he/she is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: December 25, 1980 and January 1, 8, 1981. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 19th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN CITIES AMENDED (MORE THAN 300,000). No. 230 (House Bill No. 332). 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

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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 1970, 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; particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.); so as to clarify certain matters related to the pension application procedure, employee back pension contributions, and to pension benefits; to provide that appeals from decisions of the Board of Trustees shall be by writ of certiorari to the Superior Court of Fulton County, to provide for definitions; to provide that disability pension benefits and salary shall not be paid simultaneously; to provide that pension benefits, when payable, shall be exclusive of interest; 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 for 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 1970, 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. Pension application; procedure. Unless the pension applicant withdraws a pending application for pension benefits, or abandons his or her appeal from the denial of such application by the board of trustees, no new application for a different category of pension benefits shall be accepted by the board of trustees. Further, whenever an officer or employee has been granted a certain category of pension benefits no new application for a different category shall be accepted by the board of trustees. Section 2. Appeals from decisions of the board of trustees; procedure. A majority of the board of trustees shall control on all disputed questions.

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Whenever an application for disability pension, whether in line of duty or not in line of duty, has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia certifying to the applicant's total and permanent disability from his or her regular, assigned or comparable duties with such city and that, where applicable, in the opinion of such physician such disability was either caused by or resulted from an accident or injury sustained on the job. Immediately thereupon, the board of trustees shall direct the applicant to submit to an examination by physicians chosen by the board who likewise shall certify the physical or mental ability or disability of the applicant, and, where applicable, whether in the opinion of such physicians, such disability was either caused by or resulted from an accident or injury sustained on the job. In the event the certificates of the respective physicians shall be in general agreement with respect to such matters, such facts shall be conclusive as to the physical or mental condition of the applicant and the board shall thereupon approve such pension in the proper amount. In the event the certificate tendered by the applicant and the certification of the physicians chosen by the board shall disagree as to the condition of the applicant and where applicable, the cause of the disability, then and in that event, the board of trustees shall conduct a hearing for the purpose of determining the true condition of the applicant, and where applicable, the cause of such disability. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn, and the applicant, the city, and the board of trustees may be represented by legal counsel if they so desire. The board of trustees shall be authorized to promulgate reasonable rules and procedures, not inconsistent with general legal principles, governing the manner in which such hearings shall be conducted. The decision of the board after the hearing, shall be final as to the physical or mental condition of the applicant, and where applicable, as to whether the disability is compensable as one incurred in the line of duty, provided however, such proceeding shall be subject to review by writ of certiorari to the Superior Court of Fulton County. The secretary-treasurer of the board of trustees shall be authorized to acknowledge service of any such writ and shall, within the time provided by law, certify and cause to be filed with the Clerk of said Superior Court, a record of the proceedings before the board including a copy of the application for disability pension or other relief involved, the decision of the board and the notice of the board's action as provided to the pension applicant. Where appeals are taken by a pension applicant as provided herein, the board of trustees shall be the respondent and the city shall be the defendant.

Page 3556

The method of appeal as provided herein shall also serve as the method by which all other disputed pension questions shall be appealed. Section 3. Definitions. When used in this Act, as amended, the following terms shall have the following meanings: (a) Disability - shall mean the total and permanent physical or mental inability to perform one's regular, assigned or comparable duties with such city; (b) Disability or death incurred in line of duty - shall mean total and permanent physical or mental inability to perform one's regular, assigned or comparable duties with such city where such disability or death is the direct result of an event or events occurring during and as a result of the performance of an officer's or employee's regular or assigned duties and where such disability or death is not the result of such officer's or employee's willful negligence. Further, the following conditions and circumstances shall not be deemed a disability or death incurred in the line of duty but shall be considered an ordinary disability: (1) Permanent and total disability or death resulting from a cardiovascular, pulmonary or musculo-skeletal condition which is not a direct result of an event or events occurring in the performance of duty; (2) Permanent and total disability or death resulting from the aggravation of a preexisting physical or mental defect, disease (either functional or organic), or deformity where such preexisting condition is not a direct result of an event or events occurring in the performance of duty. Section 4. Employee back pension contributions, deductions from benefits; assignment of group life insurance proceeds. (a) In the event an officer or employee obligated to pay back pension contributions should retire or die before said payments into the fund are completed, the secretary of the retirement fund is authorized to deduct an appropriate amount, as determined by the board of trustees, from the monthly retirement or beneficiary benefits, or in lieu thereof, such lump sum amounts as the board, in its discretion, deems appropriate until the obligation is discharged.

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(b) In the event an officer or employee obligated to pay back pension contributions should retire before said payments into the fund are completed, the board of trustees shall require, in consideration of the payment of such indebtedness, an assignment of such officer's or employee's group life insurance in an amount sufficient to satisfy the outstanding obligation. Section 5. Pension benefits; no simultaneous payment of benefits and salary; no entitlement to interest. (a) Whenever an officer or employee has been declared eligible for pension benefits, such pension benefits shall only commence the day following the last day of paid employment for such city. (b) In each and every instance where pension benefits shall become payable pursuant to this Act, as amended, such payments shall be limited to the statutorily required amount as provided by this Act as amended and shall be exclusive of interest or other amounts. Section 6. Subsection (M) of Ga. Laws 1978, pp. 4508, 4518, 4519 is hereby amended by striking the following language from the second sentence of the third paragraph thereof, ...in accordance with the procedure provided for in Ga. Laws 1953, Nov. - Dec. Sess., p. 2305., and adding in lieu thereof, the following: ...as provided by law., so that when amended, said third paragraph of subsection (M) shall provide as follows: Thereafter, the Board of Trustees shall make a determination as to whether such disability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then either such city or such person may appeal from such decision as provided by law. Section 7. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 8. Specific repealer. Section 3 of an Act approved December 14, 1953 (Ga. Laws 1953, Nov. - Dec. Session, p. 2305) amending Ga. Laws 1924, pp. 167, et seq., approved August 13, 1924, which amendment pertains to appeals from decisions of the board of trustees, is hereby specifically repealed in its entirety. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. WHEELER COUNTYSMALL CLAIMS COURT CREATED. No. 231 (House Bill No. 473). AN ACT To create and establish a Small Claims Court of Wheeler County, Georgia, to be known as the Small Claims Court of Wheeler County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of the office of the judge of such Small Claims Court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in Wheeler County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the service of process of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide for the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the validity of the acts of said court and the proceedings therein; to provide for all procedures, requirements and other matters connected

Page 3559

with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Wheeler County, Georgia, to be known as the Small Claims Court of Wheeler County, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,500.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by 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, at the time of his appointment, be at least twenty-five years of age, and of good moral character. Any person so appointed shall be exempt from jury duty in the superior court and any other court existing or that may be created and established. (b) All other officers appointed to or employed by said court, as now or hereafter provided, must be at least twenty-one years of age. Section 3. Whenever the judge of said Small Claims Court shall be unable from absence, sickness, or other cause to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Wheeler 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. If the judge of the Small Claims Court is unable to act and the judge of the superior court is unable to act, upon application of the judge of the Small Claims Court, the clerk of the superior court shall perform the duties of the judge. If the clerk of the superior court is unable to act, the judge of the probate court shall perform such duties. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk or as deputy clerk, said clerk or deputy clerk to be compensated, if at all, from the fees herein authorized.

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Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the certified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by a duly qualified bailiff of said Small Claims Court; or by registered or certified mail with receipt; or by any person not a party to, or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima-facie evidence of service upon the defendant. If the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States Postal Authorities for any reason, service may be perfected on such defendant by any other method as herein this Act prescribed. (d) When served by a private individual, as hereinbefore provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual costs of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs.

Page 3561

(f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. When the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than thirty days from the date of the service of said notice; provided, however, that where service is by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $15.00, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants which shall not exceed $15.00; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant shall be $15.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $15.00, to be taxed in the discretion of the court. If a party shall fail to pay any 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 the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court and the judge shall be entitled to $15.00 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits.

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Section 9 . (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such a manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution or make any other just and proper disposition thereof, as justice may require. Section 10 . If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11 . When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12 . The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.

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Section 13 . The judge of the superior court presiding in Wheeler County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve, from time to time, the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Section 14 . The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said court to act within and throughout the limits of the county, such bailiffs shall serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in Section 24-811 of the Code of Georgia and such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office as are other lawful constables of this state. Section 15 . Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 16 . Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now or hereafter provided for by law for appeals from probate courts to the superior court shall be applicable to appeals from the Small Claims Court to the superior court. Section 17 . Until otherwise provided by rules of court, the statement of claims, verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

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Small Claims Court of Wheeler County Alamo, Georgia

Page 3565

Page 3566

Section 18. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Wheeler County are hereby validated. Section 19. Within 30 days after this Act becomes of full force and effect, the judge of the Superior Court of Wheeler County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Wheeler County, to serve from the date of such appointment to the first day of November following such appointment. The person so appointed by the judge of the Superior Court of Wheeler County shall be nominated by a grand jury convened in Wheeler County, Georgia, after this Act becomes of full force and effect. Thereafter, the grand jury in session in Wheeler County immediately prior to the expiration of the term of such judge shall nominate and the judge of the Superior Court of Wheeler County shall appoint a qualified person to serve as judge of Small Claims Court for a period of four years, beginning on November 1, immediately following his appointment, and until his successor is duly appointed and qualified. If, in the opinion of the judge of the Superior Court of Wheeler County, the person so nominated by the grand jury is qualified, he may appoint him as judge of the Small Claims Court of Wheeler County to serve said four-year term; but if the appointing judge in his sole discretion does not deem such person qualified or desirable to hold such office, he shall refuse to appoint him as such judge and shall notify the foreman of the grand jury nominating such person to nominate another person for such office. Within five days thereafter it shall be the duty of the grand jury to nominate another person for appointment to such office, and the judge of the Superior Court of Wheeler County upon receipt of such nomination shall use his discretion as aforesaid in making or refusing to make such appointment. Successors in such office shall be nominated and appointed each four years in the same manner as hereinbefore set out, for a four-year term beginning on November 1st immediately following their appointment. Any vacancy in such office for any unexpired term shall be filled without undue delay by the appointment of a qualified person by the judge of the Superior Court of Wheeler County, with or without any nomination by the grand jury, in the sole discretion of the appointing judge. The judge of said Small Claims Court may be removed from office by the judge of the Superior Court of Wheeler County upon a recommendation being made by the grand jury of Wheeler County that he be removed. Any vacancy created by any such removal shall be filled for the unexpired term in the same manner that other vacancies are filled.

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Section 20. All forms, docket books, file jackets, filing cabinets and the like required by this Act shall be furnished by the governing authority of Wheeler County. Section 21. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall, in every kind of case, designate the times when attachments and executions are returnable, and also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 22. A summons of garnishment may be served by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima-facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 23. The judge of the Small Claims Court shall have the power to impose fines of not more than $10.00 or imprison for not longer than 24 hours any person guilty of contempt of court, such fine to be paid into the county treasury or depository for county purposes.

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Section 24. The fee of bailiff for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be 10 percent (10%) of the first $250.00 and 5 percent (5%) on all sums over that amount with a minimum of $3.00. Section 25. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. At the request of the Board of Commissioners of Wheeler County, notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create a small claims court for Wheeler County; and for other purposes. This 2 day of January, 1980. L. L. Phillips Representative, 120th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes

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and says that he/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: January 21, 28, February 4, 1981. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. PENSION SYSTEM FOR EMPLOYEES OF CERTAIN CITIES AMENDED (MORE THAN 300,000). No. 232 (House Bill No. 338). 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

Page 3570

several Acts amendatory thereof, particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.), so as to provide for light duty status where it has been medically determined that an officer or employee of such cities is unable to perform his or her regularly assigned duties by reason of physical or mental incapacity or impairment and where such officer or employee has applied for a disability pension; to provide that the Board of Trustees shall be authorized to make rules necessary to carry out the provisions of this amendment; to limit the applicability of this amendment; to amend an 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 (Ga. Laws 1973, p. 2832) or more according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, as amended, particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.), so as to provide for light duty status where it has been medically determined that an officer or employee of such cities is unable to perform his or her regularly assigned duties by reason of physical or mental incapacity or impairment and where such officer or employee has applied for a disability pension; to provide that the Board of Trustees shall be authorized to make rules necessary to carry out the provisions of this amendment; to limit the applicability of this amendment; 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) according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), so as to provide for light duty status where it has been medically determined that an officer or employee of such cities is unable to perform his or her regularly assigned duties by reason of physical or mental incapacity or impairment and where such officer or employee has applied for a disability pension; to provide that the Board of Trustees shall be authorized to make rules necessary to carry out the provisions of this amendment; to limit the applicability of this amendment; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3571

Section 1. An Act 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, approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, and particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.), is hereby amended by adding thereto, the following: (a) In the event that it has been medically determined that an officer or employee of such City is unable to perform his or her regularly assigned duties by reason of physical or mental incapacity or impairment, and where the officer or employee has applied for disability pension, whether in line of duty or not in line of duty, and upon the confirmation and certification of two or more licensed and practicing physicians of Georgia that such officer or employee is capable of performing less strenuous employment duties with such City, such duties to be designated as `light duty status', and where such less strenuous employment duties are available and are offered to such officer or employee, the officer or employee may, in the discretion of the appointing authority of such City, be placed into such `light duty status' and thereby continue to be carried on the payroll of such City with no change in salary status or pension fund membership, pending a further medical determination by two or more licensed and practicing physicians of Georgia that such officer or employee is no longer capable of functioning in such `light duty status'. (b) The board of trustees of the pension fund shall be authorized to make all rules necessary in carrying out the provisions set forth in subsection (a). (c) This amendment shall only apply to officers and employees who become members of the pension fund on or after the effective date hereof. Section 2. An Act providing for pensions for members of police departments in cities having a population of 300,000 (Ga. Laws 1973, p. 2832) or more according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, approved February 15, 1933 (Ga. Laws

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1933, pp. 213, et seq.), as amended, and particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.), is hereby amended by adding thereto, the following: (a) In the event that it has been medically determined that an officer or employee of such City is unable to perform his or her regularly assigned duties by reason of physical or mental incapacity or impairment, and where the officer or employee has applied for disability pension, whether in line of duty or not in line of duty, and upon the confirmation and certification of two or more licensed and practicing physicians of Georgia that such officer or employee is capable of performing less strenuous employment duties with such City, such duties to be designated as `light duty status', and where such less strenuous employment duties are available and are offered to such officer or employee, the officer or employee may, in the discretion of the appointing authority of such City, be placed into such `light duty status' within the same bureau and thereby continue to be carried on the payroll of such City with no change in salary status or pension fund membership, pending a further medical determination by two or more licensed and practicing physicians of Georgia that such officer or employee is no longer capable of functioning in such `light duty status'. (b) The board of trustees of the pension fund shall be authorized to make all rules necessary in carrying out the provisions set forth in subsection (a). (c) This amendment shall only apply to officers and employees who become members of the pension fund on or after the effective date hereof. Section 3. An Act 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) according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, and particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), is hereby amended by adding thereto, the following: (a) In the event that it has been medically determined that an officer or employee of such City is unable to perform his or her

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regularly assigned duties by reason of physical or mental incapacity or impairment, and where the officer or employee has applied for disability pension, whether in line of duty or not in line of duty, and upon the confirmation and certification of two or more licensed and practicing physicians of Georgia that such officer or employee is capable of performing less strenuous employment duties with such City, such duties to be designated as `light duty status', and where such less strenuous employment duties are available and are offered to such officer or employee, the officer or employee may, in the discretion of the appointing authority of such City, be placed into such `light duty status' within the same bureau and thereby continue to be carried on the payroll of such City with no change in salary status or pension fund membership, pending a further medical determination by two or more licensed and practicing physicians of Georgia that such officer or employee is no longer capable of functioning in such `light duty status'. (b) The board of trustees of the pension fund shall be authorized to make all rules necessary in carrying out the provisions set forth in subsection (a). (c) This amendment shall only apply to officers and employees who become members of the pension fund on or after the effective date hereof. 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 April 6, 1981.

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ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (8,750 - 8,950). No. 233 (House Bill No. 348). AN ACT To repeal an Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 8,750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and his remuneration; to validate acts and proceedings therein; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 12, 1971 (Ga. Laws 1971, p. 4067), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3586); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 8,750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and his remuneration; to validate acts and proceedings therein; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 12, 1971 (Ga. Laws 1971, p. 4067), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3586), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Turner County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. CIVIL COURT OF RICHMOND COUNTYJURISDICTION, RULES OF PROCEDURE. No. 234 (House Bill No. 374). AN ACT To amend an Act creating the civil court of Richmond County (formerly the municipal court of Augusta), approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2410), so as to change the jurisdictional amount of the civil court of Richmond County; to change certain rules of practice and procedure; to provide 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 (formerly the municipal court of Augusta), approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2410), is hereby amended by striking from Sections 2 and 15 the words and figure ten thousand ($10,000.00) dollars and inserting in lieu thereof the figure $25,000.00, so that when said Act is so amended the jurisdictional amount of the court shall be $25,000.00. Section 2. Said Act is further amended by striking in Section 19 the words and figure five hundred ($500.00) dollars, and inserting in lieu thereof the figure $750.00, so that when said Act is so amended the rules of pleading and practice provided for in Section 15, 16, and 17 shall not apply in cases in which the amount in controversy does not exceed $750.00.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1981 Session of the General Assembly of Georgia, an Act to amend an Act creating the Civil Court of Richmond County set forth in Georgia Laws of 1974, pages 2410-2432, as amended, so as to revise the amount for which civil suits can be maintained in said court, to provide for practice, procedure and other matters relative to the foregoing, to provide an effective date, to repeal conflicting laws; and for other purposes. J. Bacheller Flythe and Oliver K. Mixon Judges of said Court Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam Nicholson who, on oath, deposes and says that he/she is Representative from the 88th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: January 3, 10, 17, 1981. /s/ Sam Nicholson Representative, 88th District

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Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. WHITFIELD COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 235 (House Bill No. 369). AN ACT To amend an Act creating a small claims court for Whitfield County, Georgia, approved March 16, 1978 (Ga. Laws 1978, p. 3792), so as to change the provisions relating to jurisdiction of said court; to change the compensation provisions relating to 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 a small claims court for Whitfield County, Georgia, approved March 16, 1978 (Ga. Laws 1978, p. 3792), is hereby amended by adding in Section 1, between the words contractu and in, the following: and ex delicto,

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so that when so amended Section 1 shall read as follows: Section 1. There is hereby created and established a small claims court for Whitfield County, Georgia, to be known as the Small Claims Court of Whitfield County, Georgia, which court shall have civil jurisdiction in cases ex contractu and ex delicto in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The judge shall receive an annual salary of $20,000.00, payable in equal monthly installments from the funds of Whitfield County, in lieu of all fees and commissions herein authorized to be collected by the judge. Said fees and commissions of the judge shall be diligently collected by the judge and shall be paid into the treasury of Whitfield County. The judge shall give his full time to the discharge of his duties as such. (b) The judge shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 1982, the `base salary' of the judge shall be increased by 5 percent. For the purposes of this subsection only, the `base salary' of the judge shall be computed at $20,000.00 January 1, 1982, and thereafter shall be computed at $20,000.00 plus any cost-of-living increases which such person serving as judge has received in prior years. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly a bill to amend an Act creating the Small Claims Court of Whitfield County, approved March 16, 1978 (Ga. Laws 1978, p. 3792); and for other purposes. This 18th day of Dec., 1980. /s/ Jim Campbell Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. L. Foster who, on oath, deposes and says that he/she is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following dates: December 26, 1980, January 2, 9, 1981. /s/ R. L. Foster Representative, 6th District Sworn to and subscribed before me, this 20th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3580

ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (16,500 - 16,700). No. 236 (House Bill No. 349). AN ACT To repeal an Act entitled An Act to establish a Small Claims Court in Counties in this State having a population of not less than 16,500 and not more than 16,700, according to the U. S. Census of 1960 or any such future census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such court; to prescribe the jurisdiction, practice, pleading and procedure therein; to provide for a clerk and his remuneration; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 12, 1963 (Ga. Laws 1963, p. 3395), as amended by an Act approved March 10, 1965 (Ga. Laws 1965, p. 2240); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a Small Claims Court in Counties in this State having a population of not less than 16,500 and not more than 16,700, according to the U. S. Census of 1960 or any such future census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such court; to prescribe the jurisdiction, practice, pleading and procedure therein; to provide for a clerk and his remuneration; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 12, 1963 (Ga. Laws 1963, p. 3395), as amended by an Act approved March 10, 1965 (Ga. Laws 1965, p. 2240), is hereby repealed in its entirety.

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Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Worth County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. COLUMBIA COUNTYPROVISIONS FOR JAIL AND COURTHOUSE. No. 237 (House Bill No. 351). AN ACT To amend an Act relating to Columbia County, approved November 29, 1794 (Ga. Laws 1794, p. 172), as amended, so as to change certain provisions relating to the jail and courthouse; to provide for the site of the construction of a new jail; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to Columbia County, approved November 29, 1794 (Ga. Laws 1794, p. 172), as amended, is hereby amended by striking from Section 1 the words: and jail therein, so that when so amended Section 1 shall read as follows: Section 1. BE IT ENACTED by the Senate and House of Representatives of the State of Georgia in general assembly met, and

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by the authority of the same, That the seat of the public buildings in the County of Columbia, as far as relates to the courthouse, shall be on that public lot of land, on the northwest margin of the Big Kiokee Creek, which was conveyed by William Appling, to the Commissioners of courthouse and jail, it being the lot of land on which the aforesaid buildings do now stand. Section 2. Said Act is further amended by adding immediately following Section 2 a new section, to be designated Section 3, to read as follows: Section 3. The Board of Commissioners of Columbia County, Georgia, is hereby authorized to erect a new jail for Columbia County on either the county site, on land contiguous thereto, or on tracts of land consisting of 43.59 acres as shown on a plat prepared by John Harris, Registered Land Surveyor, dated January 7, 1981, and recorded in the office of the clerk of the Superior Court of Columbia County in Plat Book 10, page 55. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Motion to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 Session of the General Assembly of Georgia, a bill to amend an Act of the General Assembly, Ga. Laws, 1794, p. 173 so as to strike therefrom the word jail; to provide that a new jail can be erected on property owned by Columbia County; and for other purposes. This 12th day of December, 1980. William S. Jackson Representative, 77th District

Page 3583

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Jackson who, on oath, deposes and says that he/she is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbia News which is the official organ of Columbia County, on the following dates: December 17, 24, and 31, 1980. /s/ William S. Jackson Representative, 77th District Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF LEESBURGCHARTER AMENDED. No. 238 (House Bill No. 431). AN ACT To amend an Act creating a new charter for the City of Leesburg, Georgia, approved April 17, 1973 (Ga. Laws 1973, p. 2851), as amended, so as to change the number of councilmen; to change the

Page 3584

method of electing the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Leesburg, Georgia, approved April 17, 1973 (Ga. Laws 1973, p. 2851), as amended, is hereby amended by striking Section 2.10 in its entirety and substituting in lieu thereof a new Section 2.10 to read as follows: Section 2.10. Creation; composition; number; election. The legislative authority of the government of the City of Leesburg, 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 IV of this charter. Section 2 . Said Act is further amended by striking the first sentence of Section 2.11 which reads as follows: The members of the council shall serve for terms of two years and until their respective successors are elected and qualified., and substituting in lieu thereof the following: The members of this council shall serve for terms of four years, except as provided in Article IV of this charter, and until their respective successors are elected and qualified. Section 3 . Said Act is further amended by striking the first sentence of Section 2.21 which reads as follows: The mayor shall be elected for a term of four years and until his successor is elected and qualified., and substituting in lieu thereof the following: The mayor shall be elected for a term of four years, except as provided in Article IV of this charter, and until his successor is elected and qualified. Section 4 . Said Act is further amended by striking Section 4.10 in its entirety and substituting in lieu thereof a new Section 4.10 to read as follows:

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Section 4.10. Regular elections; time for holding. On the Tuesday immediately following the first Monday in November, 1981, an election shall be held for a mayor and six councilmen who shall take office on the first Tuesday in February, 1982. The mayor and the three councilmen, whose offices are hereby designated as Post 1, Post 2, and Post 3, respectively, shall serve for a term ending December 31, 1985, and three councilmen, whose offices are hereby designated Post 4, Post 5, and Post 6, respectively, shall serve for a term ending December 31, 1983. On the Tuesday immediately following the first Monday in November, 1983, and on the Tuesday immediately following the first Monday in November every four years thereafter, an election shall be held for Post 4, Post 5, and Post 6, with said councilmen to take office on the first day in January following their election. On the Tuesday immediately following the first Monday in November, 1985, and on the Tuesday immediately following the first Monday in November every four years thereafter an election shall be held for a mayor and Post 1, Post 2, and Post 3 of the council who shall take office on the first day in January following their election. 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 1981 session of the General Assembly of Georgia a bill to amend the charter for the City of Leesburg, Georgia, so as to increase the number of city councilmen and change the terms and method of electing the mayor and members of the city council, and for other purposes, being an act to amend an act of the General Assembly of Georgia, approved April 17, 1973, as amended. This 11th day of December, 1980. William E. Cannon, Jr. Attorney for the City of Leesburg

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Hutchinson who, on oath, deposes and says that he/she is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Lee County, on the following dates: December 13, 20, 27, 1980. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 23rd day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. GORDON COUNTYSCHOOL SUPERINTENDENT, REFERENDUM. No. 239 (House Bill No. 385). 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

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amended, so as to provide for the election and term of the school superintendent of Gordon County; to provide for applicability of certain laws; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new board of education of Gordon County, approved March 13, 1970 (Ga. Laws 1970, p. 2657), as amended, is hereby amended by striking in its entirety Section 5 thereof, which reads as follows: Section 5. (a) The board of education created herein shall appoint, by a majority vote of its members, the county school superintendent who shall serve at the pleasure of the board. The first superintendent appointed by said board shall be appointed at the first meeting of the board held in December, 1972. Such superintendent shall take office on January 1, 1973. The county school superintendent holding office on the effective date of this Act shall continue to serve the term of office for which he was elected and until his successor is appointed by the board as provided herein. In the event a vacancy occurs in the office of county school superintendent prior to the expiration of the present term of office, such vacancy shall be filled by the board. (b) The county school superintendent appointed by the board shall receive such compensation as the board shall provide by a majority vote of its members. The county school superintendent shall be compensated from State funds with such supplement from county funds as is deemed desirable by the board, and the amount of such compensation shall be duly recorded in the minutes of the board. The county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act., and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The person serving as school superintendent of Gordon County on the effective date of this Section 5 shall continue to serve as such until the election and qualification of the school superintendent pursuant to subsection (b) of this Section. Until such time, the duties, qualifications, and compensation of such appointed

Page 3588

superintendent and the provisions relating to vacancy in such office shall continue to be the same as existed immediately prior thereto. (b) Not less than five nor more than ten days after this Section becomes effective, the election superintendent of Gordon County shall issue the call for a special nonpartisan election for the purpose of electing the school superintendent of Gordon County. The election superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gordon County. (c) The person elected as school superintendent of Gordon County in the special election provided in this Section shall serve for a term beginning on the first Monday immediately following the date upon which are certified the final results of that election and ending December 31, 1984, and until the election and qualification of a successor. Successors shall be elected in the general election immediately preceding the end of the term of office of the incumbent school superintendent of Gordon County, and they shall serve for terms of four years, beginning on the first day of January immediately following their election, and until the election and qualification of a successor. (d) Only qualified electors of the Gordon County School District, excluding those electors residing in the independent school district of the City of Calhoun, shall be eligible to vote in any election held pursuant to this Section. (e) The elected county school superintendent of Gordon County shall be subject to all provisions of law relative to county school superintendents except those in conflict with the provisions of this Act. Section 2 . After the approval of this Act by the Governor or after it otherwise becomes law, and within 10 days after the voting plan proposed herein has been approved in accordance with Section 5 of the Voting Rights Act of 1965, as amended, the election superintendent of Gordon County shall issue the call for an election for the purpose of submitting this Act to the electors of Gordon County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 days nor more than 35 days after the

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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 Gordon County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for the election and term of the school superintendent of Gordon County and providing for applicability of certain laws 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. For purposes of this section, a voting plan shall be deemed to have been approved in accordance with Section 5 of the Voting Rights Act of 1965, as amended, upon whichever of the following is first to occur: (1) Notification by the Attorney General of the United States that he does not intend to object to the plan; (2) Expiration of the time period during which the Attorney General of the United States may object to the plan, without such objection having been made; (3) Withdrawal by the Attorney General of the United States of all objections to the voting plan; (4) Expiration of the time period during which an appeal may be had of a declaratory judgment, of the United States District Court for the District of Columbia, which approved the voting plan, if no such appeal has been filed; or

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(5) United States Supreme Court affirmance of or refusal to review a declaratory judgment, of the United States District Court for the District of Columbia, which approved the voting plan. Section 3. For purposes of holding the referendum election provided in Section 2 of this Act, 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 only if approved in such referendum election and then shall become effective when the results of such election are certified to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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, so as to provide for the election of the school superintendent of Gordon County; to provide for terms, duties, vacancies, qualifications, and compensation; to provide for a referendum; and for other purposes. This 30th day of Dec. 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,

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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: December 30, 1980, January 6, 13, 1981. /s/ Ernest Ralston Representative, 7th District Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STEWART COUNTYCOMPENSATION OF DEPUTY SHERIFF. No. 241 (House Bill No. 441). AN ACT To amend an Act establishing an annual salary for the sheriff of Stewart County, approved February 28, 1966 (Ga. Laws 1966, p. 2573), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3888), so as to change the compensation of the sheriff's deputy; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3592

Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an annual salary for the sheriff of Stewart County, approved February 28, 1966 (Ga. Laws 1966, p. 2573), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3888), is hereby amended by striking the first two sentences of Section 4, which read as follows: The sheriff shall have the authority, upon approval of the governing authority of the county, to appoint a deputy who shall be compensated in the amount of $7,200.00 per annum for the period beginning on the effective date of this Act and extending to December 31, 1977, and in the amount of $8,400.00 per annum for the period beginning January 1, 1978, and extending thereafter. Such compensation shall be increased on January 1, 1981, and on such date in each fourth year thereafter, by an amount equal to 5% of the deputy's compensation on the day immediately preceding the day of any such increase; provided, that the said compensation shall not exceed an amount of $9,100.00 per annum., and inserting in lieu thereof the following: The sheriff shall have the authority, upon approval of the governing authority of the county, to appoint a deputy who shall be compensated in the amount of $9,600.00 per annum., so that when so amended, said Section 4 shall read as follows: Section 4. The sheriff shall have the authority, upon approval of the governing authority of the county, to appoint a deputy who shall be compensated in the amount of $9,600.00 per annum. The deputy's compensation shall be payable in equal monthly installments from the funds of Stewart County. The sheriff shall also have the authority to appoint extra deputies or other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. However, the governing authority of said county shall approve such deputies or other personnel and shall fix their compensation. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputy, extra deputies, or other personnel and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1981 Session of the General Assembly of Georgia, a bill to amend an Act abolishing the method of compensating the Sheriff of Stewart County, known as the fee System, and providing in lieu thereof, an annual salary, approved Feb. 28, 1966 (Georgia L. 1966, p 2573) as amended, so as to change the compensation of the Sheriff's Deputy; to provide an effective date and for other purposes. This 31st day of December, 1980. Don Castleberry Representative, 111th District Stewart County Commissioners Stewart County Lumpkin, Ga. State of Georgia County of Sumter in the Probate Court of said State and County: Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he/she is Representative from the 111th

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District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: January 8, 15, 22, 1981. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 23rd day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF DOUGLASAD VALOREM TAXATION. No. 242 (House Bill No. 447). 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, so as to change the provisions relating to the levy and collection of ad valorem taxes; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. Laws 1899, p. 177), as amended, is hereby amended by striking Section 13A in its entirety and inserting in lieu thereof a new Section 13A to read as follows: Section 13A. For the purpose of raising revenue for the support and maintenance of said government, the mayor and commission shall have full power and authority and they shall provide by ordinance for levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding one and one-half per centum upon the value of said property. Section 2. An Act entitled An Act to amend the Act approved December 20, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, so as to provide: That the City of Douglas shall not levy or collect for its ordinary current expenses an ad valorem tax upon the property within its corporate limits exceeding one-half of one per centum upon the value of said property; to define the term `ordinary current expenses'; to vest said city with the authority to levy and collect annually an ad valorem tax not to exceed one-tenth of one per centum upon the value of said property to encourage, promote and expand industrial businesses or enterprises within its corporate limits; to repeal conflicting laws; and for other purposes., approved March 13, 1957 (Ga. Laws 1957, p. 3238), is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend an Act Creating the Charter for the City of Douglas approved December 20, 1899, (Ga. L. 1899, P. 177), as amended, particularly by an Act approved March 1, 1957, (Ga. L. 1957, p. 3238), as amended by an Act approved April 18, 1969 (Ga. L. 1969, p. 3090), so as to provide for audits under General Law; to provide for a limit on Ad Valorem Tax; to repeal conflicting laws.

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This the 14th day of January, 1981. James C. Moore Representative, 152nd District, Post 1 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 Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 15, 22, 29, 1981. /s/ James C. Moore Representative, 152nd District Sworn to and subscribed before me, this 27th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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CITY OF BROXTONNEW CHARTER. No. 243 (House Bill No. 448). AN ACT To provide a new charter for the City of Broxton, Georgia, in the County of Coffee; to provide for incorporation, powers, and boundaries of said city; to provide for the legislative, executive, and judicial branches of the city government; to provide for administration, to provide for elections, vacancies, and removal; to provide for financial and fiscal matters of the city; to provide for boards and commissions; to provide general provisions; to provide for penalties; to provide for all matters relative to the foregoing; to provide for severability; to provide for specific repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Charter of the City of Broxton shall read as follows: CITY OF BROXTON CHARTER ARTICLE I INCORPORATION, POWERS BOUNDARIES Section 1.1. Incorporation; Name, Corporate Powers. The City of Broxton, Georgia, in the County of Coffee, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Broxton (hereinafter at all times referred to as the `City'). The City shall be the legal continuation and successor to the City as heretofore incorporated and shall continue to be vested with all of the property and rights of property which now belong to the City; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of any of such property; and may have a common seal and alter and review the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.

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Section 1.2. Corporate Boundaries . (a) The boundaries of the City shall be those existing on the effective date of the adoption of this Charter more particularly described as follows: Commencing at the well in the front yard of the residence of Jesse Lott, Esquire, said residence presently owned and occupied by Charlie Stalnaker, as the center of a circle and extending a distance of one mile in every direction from said center, thus creating a circle two miles in diameter. Alterations in the boundaries of the City may be made from time to time in the manner provided by law. The boundaries of the City at all times shall be shown on a map to be retained permanently in the office of the City Clerk and to be designated `Official Map of the Corporate Limits of the City of Broxton, Georgia'. Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The Mayor and Council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.3. Powers and Construction . (a) The City shall have all powers possible for a city to have under the present and any future Constitution and statute of this State as fully and completely as though they were specifically enumerated in this Charter. (b) The powers of this City shall be construed liberally in favor of the City. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this City. Section 1.4. Specified Powers . The corporate powers of this City shall include, but are not limited to, the following: (1) Property Taxes-to levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other Taxes-to levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business Regulation and Taxation-to levy and to provide for the collection of license fees and taxes on privileges,

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occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures-to make appropriations for the support of the government of the City, to authorize the expenditures of money for any purposes authorized by this Charter, and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (5) Municipal Debts-to appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; (6) Municipal Property Ownership-to acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (7) Gifts-to accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (8) Condemnation-to condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as have been or may be enacted; (9) Municipal Utilities-to acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;

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(10) Public Utilities and Services-to grant franchises or make contracts for public utilities and public service; (11) Roadways-to lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; (12) Public Improvements-to provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (13) Sidewalk Maintenance-to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building Regulation-to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings, and all other structures; (15) Planning and Zoning-to provide such comprehensive City planning for development by zoning; subdivision regulation and the like as the Mayor and Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;

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(16) Public Peace-to provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation-to regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms; to regulate the transportation, storage and use of combustible explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas-to prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation-to prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution-to regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City; (21) Fire Regulations-to fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting, and to prescribe penalties and punishment for violation thereof; (22) Public Hazards, Removal-to provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;

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(23) Solid Waste Disposal-to provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; to provide for the separate collection of glass, tin, aluminium, cardboard, paper and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees-to levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees-to levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system; (26) Nuisance-to define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection-to provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences-to provide that persons given jail sentences in the City's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;

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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 destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted hereunder; (30) Motor Vehicles-to regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (31) Taxicabs-to regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions-to provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments-to levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts-to enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor; (35) City Agencies and Delegations of Power-to create, alter or abolish departments; boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties-to provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (37) Police and Fire Protection-to exercise the power of arrest through duly appointed policemen and to organize and operate a firefighting agency;

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(38) Emergencies-to establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well being of the citizens of the City; (39) Urban Redevelopment-to organize and operate an urban redevelopment program; (40) Public Transportation-to organize and operate such public transportation systems as are deemed beneficial; (41) General Health, Safety, and Welfare-to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the City, and to provide for the enforcement of such standards; (42) Other Powers-to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general works and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.5. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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ARTICLE II MAYOR AND COUNCIL Section 2.1. Mayor and Council; Composition; Number; Election. The legislative authority of the government of the City, except as otherwise specifically provided in this Charter, shall be vested in a Mayor and a City Council composed of four (4) Council members. The Mayor and Council members shall be elected in the manner provided in Article III of this Charter. Section 2.2. Mayor and Council; Terms and Qualifications For Office. Except as otherwise provided herein, the Mayor and members of the City Council shall serve terms of two (2) years and until their respective successors are elected and qualified. (b) To be eligible for election as Mayor or Council member, a person must be a registered and qualified voter of the City at the time of qualifying for office, and must continue to reside therein during the term of the office. To be eligible for election as a Council member, a person must be a resident of the City at the time of qualifying for office, and must continue to reside therein during the term of office. A person must be 25 years of age at the time of qualifying for Mayor and 21 years of age at the time of qualifying for Council member. (c) In order to qualify for the office, the person elected or appointed shall take and subscribe the following oath: `I do solemnly swear that I will well and truly perform the duties of Mayor (or Council member, as the case may be) of the City of Broxton, to the best of my skill and ability, and as to me shall seem to be for the best interest and welfare of the City, without fear, favor or affection, so help me God.' Section 2.3. Compensation. The Mayor and Council under this Charter shall receive as compensation the same amount received by the Mayor and Council on the date immediately preceding the effective date of this Act. All changes in such amount of compensation shall be made by ordinance and pursuant to the Municipal Home Rule Act of 1965, as now or hereafter amended. The Mayor and Council shall establish by ordinance, a policy for reimbursement of the actual and necessary expenses incurred by its members in the performance of their official duties.

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Section 2.4. Mayor; Powers and Duties. The Mayor shall be the official head of the City government and chief representative of the City and it shall be the Mayor's duty: (1) To preside at meetings of the Mayor and Council. The Mayor shall have all the rights, powers, and duties and responsibilities as a Council member except that the Mayor shall be entitled to vote on matters before the Mayor and Council only in the following instances: (a) when there is an equal division on the question, and then the mayor shall determine the matter by his vote; (b) on the adoption of an emergency ordinance; (c) in proceedings for the removal of a Council member; and (d) to veto ordinances as provided herein. (2) As provided by law or by action of the Mayor and Council, to sign contracts on behalf of the City; (3) To keep informed about financial and other affairs of the City, and from time to time to present information about the affairs of the City and to recommend such measures as deemed best for the City, including statements and reports to the citizens concerning the affairs of the City; (4) To serve as a member of boards, commissions and committees required by law or by action or by action of the Mayor and Council; (5) To perform such other duties consistent with this Charter and as may be required by the Council. Section 2.5. Organizational Meetings; Oath, Election of Mayor Pro Tempore. The Mayor and Council shall meet for organization in the Council chamber on the date and at the time of the first regular meeting in January following each regular municipal election, or if that date is a legal holiday, on the next following day not a legal holiday. At the organizational meeting, the Mayor, if newly elected, and each newly elected Council member shall qualify by

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taking the oath of office prescribed herein. The oath shall be administered by a person authorized to administer oaths. The organization of the Mayor and Council shall take place notwithstanding the absence, death, refusal to serve, failure to qualify, or nonelection of one (1) or more members, but at least a quorum of the members must be present. Section 2.6. Mayor Pro Tempore; Duties. The Mayor Pro Tempore shall exercise all of the powers and discharge all of the duties of the Mayor during a vacancy in the office, absence or disability of the Mayor for any cause, and until such vacancy has been regularly filled or until the return of the Mayor or the removal of the disability. In the event of the absence or disability of both the Mayor and Mayor Pro Tempore for any cause, the chairman shall preside over meetings and shall discharge the duties of Mayor until either the return of or removal of the disability of the Mayor or Mayor Pro Tempore. Section 2.7. Quorum. The Mayor, or Mayor Pro Tempore, and two (2) members of the Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time to compel the attendance of absent members in such manner as may be prescribed by ordinance. Section 2.8. Meetings; Regular and Special. The Mayor and Council shall fix a suitable time for its regular meetings and shall meet at least once each month for the transaction of business. If in the discretion of the Mayor, or Mayor Pro Tempore, it is deemed necessary to have an extra meeting, the Mayor or Mayor Pro Tempore, may call the Mayor and Council together immediately for the purpose of a special meeting. The Mayor and Council may adjourn its meetings to some definite time in the interim of regular monthly meetings. Section 2.9. Rules of Procedure. The City Council shall adopt its rules of procedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.10. City Clerk, City Treasurer; Appointment, Duties. (a) The Mayor and Council shall appoint a City Clerk and a City Treasurer who shall take such oath as required by the Mayor and Council. The City Clerk and City Treasurer may be the same person.

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Three (3) affirmative votes of the Mayor and Council shall be required for the appointment of the City Clerk and City Treasurer. The City Clerk and the City Treasurer shall serve at the pleasure of the Mayor and Council and may be removed at any time by a vote of three (3) members of the Mayor and Council adopting a resolution to that effect. Upon removal, the City Clerk and/or City Treasurer shall be paid forthwith any accrued salary to the date of removal, plus two weeks additional salary. (b) The City Clerk shall be responsible for keeping minutes of the proceedings of the Mayor and Council, shall be the custodian of all records and documents pertaining to actions of the Mayor and Council, and shall exercise those powers and perform those duties required by law and by the Mayor and Council. The City Clerk shall attest all formal contracts executed in behalf of the City. (c) The City Treasurer shall exercise those powers and duties required by law and by the Mayor and Council and shall provide requested information to and otherwise assist the City Manager and the Mayor and Council. (d) In the event of the absence or disability of the City Clerk or City Treasurer, or a vacancy in the office of either, the Mayor and Council shall appoint an Acting City Clerk or City Treasurer to serve until the return of the City Clerk or City Treasurer or the removal of disability or until the vacancy in office shall have been regularly filled. An Acting City Clerk or City Treasurer shall take the same oath, exercise all of the powers, and discharge all of the duties of the City Clerk or City Treasurer. Section 2.11. City Attorney; City Judge; Appointment, Compensation, Qualifications, Duties. (a) At its first regular meeting in January of each year, the Mayor and Council, by majority vote, shall appoint a City Attorney and a City Judge who shall take such oath as required by the Mayor and Council. The City Attorney and City Judge shall serve until the first meeting in January of the following year, and until their successors shall have been appointed and qualified, unless removed by a majority vote of the Mayor and Council prior thereto. (b) The City Attorney and City Judge shall receive such compensation as the Mayor and Council shall determine.

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(c) The City Attorney shall be an attorney at law who has been licensed to engage in the practice of law in Georgia for a minimum of two years at the time of appointment. No person may simultaneously hold the offices of City Attorney and City Judge. The City Judge shall be a qualified Justice of the Peace or other qualified Judge or a licensed attorney for a minimum of two years. (d) The City Attorney shall be the legal advisor to the City and shall perform such duties as required by law and by the Mayor and Council. (e) The City Judge shall preside over the City Court and shall perform such duties as required by law and by the Mayor and Council. Section 2.12. Prohibitions. (a) Except where authorized by law, neither the Mayor nor any Council member shall hold any other elective or compensated appointive office in the City or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former Mayor and no former Council Member shall hold any compensated appointive office in the City until one year after the expiration of the term for which he was elected. (b) Neither the Mayor nor any Council member shall vote upon any question in which he is personally interested. Section 2.13. Ordinance, Form; Procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be `The Mayor and Council of the City of Broxton hereby ordain' and every ordinance shall so begin. (b) An ordinance may be introduced by any Council member and read at a regular or special meeting of the Mayor and Council. Ordinances shall be considered and adopted or rejected in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergencies as provided herein. Upon introduction of any ordinance, the Clerk shall, as soon as possible, distribute a copy to the Mayor and to each Council member and shall file a reasonable number of copies in the office of the Clerk and at such other public places as the Mayor

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and Council may designate. Proposed amendments to a proposed ordinance may be offered and voted on at the same meeting; provided, however, that any such proposed amendment is introduced in writing and pertains only to the subject matter of the proposed ordinance sought to be amended. Section 2.14. Action Requiring an Ordinance . In addition to other acts required by general State law or by specific provisions of this Charter to be done by ordinance, all acts of the Mayor and Council which have the force and effect of law shall be done by ordinance. Section 2.15. Emergencies . On call of the Mayor or Mayor Pro Tempore or any two (2) Council members, the Mayor and Council may convene and promptly adopt an emergency ordinance to meet a public emergency affecting life, health, property or public peace, but such ordinance may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) members of the Mayor and Council shall be required for adoption. The Mayor is specifically authorized to vote on emergency ordinances as provided in Section 2.4 of this Charter. An emergency ordinance shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed forty-five (45) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.16. Votes Required to Adopt Ordinances; Effective Date . A majority vote of the Mayor and Council shall be required to adopt any ordinance except an emergency ordinance. All ordinances, except emergency ordinances, adopted by the Mayor and Council shall become effective at 12:00 O'Clock noon on the fifth (5th) day after adoption, unless a later effective date is provided in the ordinance, or unless vetoed by the Mayor.

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Section 2.17. Veto of Ordinances . The Mayor may veto any ordinance by filing written notice thereof and the reasons therefor, with the City Clerk within four (4) calendar days after its adoption. An ordinance vetoed by the Mayor shall not become effective unless adopted by an affirmative vote of three (3) Council members at the next regular meeting of the Mayor and Council after the filing of the veto with the City Clerk. An ordinance adopted after veto, as provided herein, shall become effective upon adoption. ARTICLE III ELECTION, REMOVAL AND VACANCY IN OFFICE Section 3.1. Mayor; Election, Voting . The entire electorate of the City shall be entitled to vote in elections for Mayor. Such elections shall be conducted on a plurality vote basis with the candidate for Mayor receiving the highest total number of votes cast being elected. Section 3.2. Council Members; Election, Voting . The entire electorate of the City shall be entitled to vote in elections for the four (4) Council members. Such elections shall be conducted on a plurality vote basis with the four (4) candidates receiving the highest total number of votes cast being elected. There shall be no full slate requirement. Each registered voter shall be allowed to cast four votes for four different candidates; no voter shall be required to cast all four votes. The Candidate for Council Member receiving the highest total number of votes cast in the election, shall automatically become Mayor Pro Tempore without any further action being necessary by the governing body of the City of Broxton, and shall serve as Mayor Pro Tempore and perform those duties and exercise the powers specifically set forth in Article II, Section 2.6 of this Charter, until he or she resigns, is removed from office, dies, or no longer meets the qualification of office. In the event the Mayor Pro Tempore should resign, die, is removed from office or no longer meets the qualification of office, the candidate for council member receiving next to the highest number of votes in the election, shall automatically become Mayor Pro Tempore and serve in that capacity for the remaining term of office, and exercise those powers and duties specifically set forth in Article II, Section 2.6 of this Charter. Section 3.3. Time of Elections . The Mayor and the four (4) Council members which persons are serving on the date immediately

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preceding the effective date of this Act, shall serve until the first day of January, 1983, and until their successors are elected and qualified. On the first Tuesday in December, 1982, 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. 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. Section 3.4. Polling Place or Places. All elections for Mayor and Council members, and all other elections, shall be held at a polling place or polling places designated by the Mayor and Council. Section 3.5. Applicability of General Laws. Except as otherwise provided by this Charter, all primaries and elections shall be conducted in accordance with provisions of the Act of the General Assembly entitled the `Georgia Municipal Election Code', Georgia Code Annotated Section 34A-101, et seq. (Ga. Laws 1968, p. 885; effective April 4, 1968) as now or hereafter amended. Section 3.6. Candidates to Specify Office Sought. Every person who offers for election as Mayor or Council member of the City shall designate with the proper authority the specific office of Mayor or Council member for which he or she offers by designating the office of Mayor or Council member. Section 3.7. Special Elections. The Mayor and Council shall have power to call special elections as provided by law. All special elections shall be conducted in accordance with the applicable provisions of the Georgia Municipal Election Code. Section 3.8. Occurrence of Vacancies. A vacancy in office of Mayor or Council member occurs when a duly elected person fails to qualify, or when a person who has been duly elected and qualified either dies, resigns, is removed, or no longer meets the qualifications of office. Section 3.9. Filling of Vacancies. In the event the office of Mayor or of a Council member shall become vacant for any cause whatsoever, the remaining members of the Mayor and Council shall, within 10 days after the occurrence of such vacancy, call a special election as provided by law to fill the balance of the unexpired term of

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office; provided, however, if a regular election for the vacant office is to be held within six (6) months after such vacancy occurs, the remaining members of Mayor and Council shall, by majority vote, appoint a qualified person to the remainder of the unexpired term. Section 3.10. Other Provisions. Except as otherwise provided by this Charter, the Mayor and Council, by ordinance, may prescribe such rules and regulations, including qualifying fees, as deemed appropriate to exercise any options or perform any duties under the Georgia Municipal Election Code, Georgia Code Annotated Section 34A-101, et seq. (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 3.11 through Section 3.20. RESERVED. Section 3.21. Removal of Elected Officials. (a) The Mayor or a Council member may be removed from office for any one or more of the following causes: (1) incompetence, misfeasance or malfeasance in office; (2) conviction of a crime involving moral turpitude; (3) failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (4) knowingly violating any express prohibition of this Charter; (5) abandonment of office or neglect to perform the duties thereof; or (6) failure for any other cause to perform the duties of office as required by this Charter or by law. (b) Removal of the Mayor or a Council member shall be accomplished, after an investigative hearing, by a vote of three (3) of the remaining members of Mayor and Council with the Mayor specifically authorized to vote in proceedings for the removal of a Council member as provided in Section 2.4 of this Charter. In the event the Mayor or a Council member is sought to be removed, the person so sought to be removed shall be entitled to a written notice specifying the ground or grounds therefor and to a public hearing which shall be

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held not less than ten (10) days after the service of such written notice. Any person removed from office as herein provided shall have the right of appeal to the Superior Court of Coffee County, Georgia, in accordance with the provisions governing appeals to the Superior Court from the Probate Court. ARTICLE IV ORGANIZATION AND ADMINISTRATION Section 4.1. City Departments and Agencies. Except as provided by this Charter, the departments and agencies of the City shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the City Manager consistent therewith. Section 4.2. Administrative Reorganization. The Mayor and Council may by ordinance organize, combine, consolidate, or discontinue such departments, agencies, or divisions of the City government as it may from time to time deem desirable. Section 4.3. Existing Departments and Agencies Continued. All departments and agencies of the City existing on the date immediately preceding the effective date of this Act are hereby continued in existence until reorganized, consolidated, or discontinued by ordinance. Section 4.4 through Section 4.10. RESERVED. Section 4.11. City Manager; Appointment, Qualifications, Term, Compensation. The Mayor and Council shall appoint a City Manager, if they so desire but an appointment is not mandatory, who shall be the administrative head of the City government, and shall be responsible for the administration of all departments. Three (3) affirmative votes of the Mayor and Council shall be required for the appointment of the City Manager. The City Manager shall be appointed with regard to merit only and must be a resident of the City when appointed. The City Manager shall hold office during the pleasure of the Mayor and Council, and shall receive such compensation as the Mayor and Council shall determine. The City Manager may reside outside the City while in office only with the approval of the Mayor and Council. In the event the Mayor and Council exercise their option not to appoint a City Manager, the

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Mayor shall be the administrative head of the City government, and fulfill the responsibilities as hereinafter enumerated without receiving any additional compensation, other than his salary as the Mayor. Section 4.12. RESERVED. Section 4.13. Mayor and Council Not to Interfere with Administration. Except for the purpose of inquiry and investigation, the Mayor and Council shall deal with city employees who are subject to appointment and removal by the City Manager solely through the City Manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. Section 4.14. City Manager; Suspension and Removal. The Mayor and Council may remove the City Manager from office in accordance with the following procedure: (a) Three (3) affirmative votes of the Mayor and Council shall be required to adopt a preliminary resolution setting forth reasons for the removal of the City Manager. (b) The resolution may also provide for the suspension of the City Manager for a period not to exceed forty-five (45) days. (c) A certified copy of the resolution shall promptly be served on the City Manager. (d) A public hearing shall be held if a written request therefor is filed by the City Manager with the City Clerk not later than five (5) days after service upon him or her of a certified copy of the preliminary resolution. (e) The public hearing, if requested, shall be held at a regularly scheduled council meeting not less than fifteen (15) nor later than forty-five (45) days after the request is filed. The City Manager may file with the City Clerk a response to the preliminary removal resolution not later than three (3) days prior to the public hearing. (f) Three (3) affirmative votes of the Mayor and Council shall be required to adopt a final resolution of removal which may be made effective immediately. Such final resolution of removal may be made at any time after five (5) days from the date when a certified copy of the preliminary resolution was served on the City Manager if no

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

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(e) The Recorders Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as security for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the City Judge, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least three (3) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the City, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (f) The Recorders Court shall have the authority to bind persons over to the appropriate court when it appears by probable cause that a State Law has been violated. (g) The Recorders Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (h) The Recorders Court may compel the presence of all parties necessary to a proper disposition of each case by the issuance of summons, subpoenas and warrants which may be served by any officer as authorized by this Charter or by general State law. (i) The Recorders 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, recorders and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.3. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Coffee County from the Recorders Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. An appeal to the superior court shall be a de novo proceeding.

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Section 5.4. Absence or Disability of City Judge; Vacancy in Office. In the event of the absence or disability of the City Judge or a vacancy in the office, the Mayor and Council may appoint an Acting City Judge to exercise all of the powers and discharge all of the duties of the City Judge until the return of the City Judge or the removal of disability or until the vacancy in office has been regularly filled. ARTICLE VI FINANCE AND FISCAL Section 6.1. Property Tax. The Mayor and Council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Mayor and Council in its discretion. Section 6.2. Millage Rate; Due Dates, Payment Methods. The Mayor and Council by ordinance, shall establish a millage rate for the City Property Tax; a due date; and in what length of time these taxes must be paid. The City Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.3. Occupation and Business Taxes. The Mayor and Council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in this City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this City to be so taxed. The Mayor and Council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.9. Section 6.4. Licenses; Permits; Fees. The Mayor and Council by ordinance shall have the power to require any individuals or corporations who transact business in this City or who practice or

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offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and, if unpaid, shall be collected as provided in Section 6.9. The Mayor and City Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.15. Franchises. The Mayor and Council shall have the power to grant franchises for the use of this City's streets and alleys, for the purpose of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Mayor and Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of thirty-five (35) years, and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Mayor and City Council shall provide for the registration of all franchises with the City Clerk in a registration book. The Mayor and City Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.6. Service Charges. (a) The Mayor and Council shall have the right, power, and authority, by ordinance, to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City and to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of the City. If unpaid, the sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for County and City property taxes and shall be enforceable as provided in Section 6.9. (b) The Mayor and City Council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services, including the power to fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary charge, tax or fee, for such services as may be necessary in the operation of the City from all individuals, firms and corporations residing in or doing business in the City benefiting from such service.

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Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. The sanitary taxes and the assessments thereto shall be a charge and lien against the real estate in respect to which the taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for County and City property taxes, and shall be enforceable as provided in Section 6.9. Section 6.7. Special Assessments. The Mayor and Council shall have the power, by ordinance, to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.8. Construction; Other Taxes. The Mayor and Council shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of this City to govern its local affairs. Section 6.9. Collection of Delinquent Taxes and Fees. The Mayor and Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City under Sections 6.1 through 6.8 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa; 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 Mayor and Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

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Section 6.11. Revenue Bonds. Revenue bonds may be issued by the Mayor and Council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 71), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.12. Short-term Notes. Pursuant to applicable State law, the City may obtain temporary loans between January 1 and December 31 of each year. Section 6.13. Fiscal Year. The fiscal year of the City shall be as fixed by ordinance of the Mayor and Council. The fiscal year shall constitute the budget year and the year for financial accounting, planning and reporting of each department, office, agency, or activity of the City. Section 6.14. Budget Preparation and Adoption. The Mayor and Council shall provide by ordinance for the adoption of an annual operating budget, a capital improvement program and a capital budget which shall apply to all departments and agencies of the City. The ordinance shall prescribe the procedures and requirements for the preparation, adoption, and execution of the annual operating and capital budgets; provided, however, such budgets shall be prepared and submitted by the City Manager to the Mayor and Council for its consideration prior to the commencement of the ensuing fiscal year. Section 6.15 through Section 6.20. RESERVED. Section 6.21. External Audit. (a) The Mayor and Council shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the government of the City of Broxton and of its every office, department, board, authority, commission, or other agency. The audit shall be made by an accountant or an accounting firm, the members of which have no personal interest, direct or indirect, in the fiscal affairs of the City or of any of its departments, offices, boards, commissions or agencies. The designated accountant shall be a certified public accountant, or, if an accounting firm is employed, the members thereof shall be so certified and thoroughly qualified by training and experience in governmental accounting to perform the audit.

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

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(d) Each board and commission may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the Mayor and Council, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs. Section 7.3. Existing Boards and Commissions . All boards and commissions existing on the date immediately preceding the effective date of this Act are hereby continued in existence until reorganized, combined, consolidated, or discontinued by ordinance. ARTICLE VIII GENERAL PROVISIONS Section 8.1. Sale of City Property . (a) The Mayor and Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law as now or later amended (Ga. Laws 1976, p. 350). (b) The Mayor and Council may quitclaim any rights it may have to property not needed for public purposes upon report by the City Manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Mayor and Council may authorize the Mayor and City Clerk to execute and deliver in the name of the City a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. Section 8.2. Eminent Domain . The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, water works, electrical systems, gas systems, airports, hospitals, and charitable, educational,

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recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the use thereof and, for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 8.3. Official Bonds. The officers and employees of this City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Mayor and Council may from time to time require by ordinance or as may be provided by State law. Section 8.4. RESERVED. Section 8.5. Ordinances and Regulations. Existing ordinances and resolutions of the City and existing rules and regulations of the City and its agencies not inconsistent with the provisions of this Charter shall be effective ordinances and resolutions of the City or of its agencies at which time this Act is approved by the General Assembly of Georgia and signed into law by the Governor, until they have been repealed, modified, or amended. Section 8.6. Contracts and Obligations; Proceedings. (a) All contracts, orders, leases, bonds and other obligations or instruments entered into by the City or for its benefit prior to the effective date of this Charter, shall continue in effect according to the terms thereof, as obligations and rights of the City of Broxton. (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 shall continue in effect according to the terms thereof, as obligations and rights of the City. (c) The existing departmental organization of the City shall continue in effect upon the effective date of this Charter until such organization is changed or reorganized as provided by ordinance of the Mayor and Council and administrative regulations consistent therewith. Section 8.7. Penalties. The violation of any provisions of this Charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a

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fine of not more than $500.00 or by imprisonment not to exceed sixty (60) days, or both such fine and imprisonment. Section 8.8. Section Captions. The captions of the several Sections of this Charter are informative only and are not to be construed as a part thereof. Section 8.9. Severability. If any provisions of this Charter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Charter which can be given effect without the invalid provisions of application, and to this end the provisions of this Charter are declared to be severable. Section 2. This Act shall become effective upon the approval of the Governor or upon its becoming law without his approval. Section 3. An Act incorporating the City of Broxton, Georgia, approved July 27, 1904, (Ga. Laws 1904, pps. 368, et seq.); as amended by acts approved August 21, 1906, (Ga. Laws, 1906, pps. 555, et seq.); as amended July 20, 1918, (Ga. Laws, 1918, pps. 756, et seq.) as amended March 22, 1935 (Ga. Laws, 1935, pps. 969-971) together with all other amendments to said act, are hereby repealed in their entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to provide a new charter for the City of Broxton, Georgia; to provide for all matters relative thereto; and for other purposes. This 11th day of December, 1980. James C. Moore Representative, 152nd District, Post 1

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State of Georgia County of Coffee. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James C. Moore, who, on oath deposes and says that he is Representative from the 152nd District, Post 1, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official legal organ of Coffee County, Georgia, on the following dates: December 11, 1980, December 18, 1980 and December 24, 1980. /s/ James C. Moore Representative, 152nd District, Post 1 Sworn to and subscribed before me, this 27th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. COFFEE COUNTYSCHOOL SUPERINTENDENT, REFERENDUM. No. 244 (House Bill No. 449). AN ACT To provide for the election of the school superintendent of Coffee County; to provide for terms of office; to provide for compensation; to

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repeal a specific section of law; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The school superintendent of Coffee County shall be elected at the 1982 general election by the voters of the county for a term of four years and until his successor is elected and qualified. The person so elected shall take office on January 1, 1983. The person elected shall receive a majority of the votes cast for such office. Thereafter, successors to such office shall be elected at the general election immediately preceding the expiration of the respective terms of office for terms of four years and until their successors are duly elected and qualified. (b) In the event a vacancy occurs in the office of county school superintendent prior to December 31, 1982, the board of education shall appoint a successor to serve in such office through December 31, 1982. (c) Beginning January 1, 1983, vacancies in the office of county school superintendent shall be filled according to general law. Section 2. The county school superintendent shall receive such compensation not in conflict with general law as the board shall provide by a majority vote of its members. The compensation of the superintendent shall be fixed by the board, and the amount of such compensation shall be duly recorded in the minutes of the board. The county school superintendent shall be subject to all provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act. Section 3. An Act creating a new board of education of Coffee County, approved March 10, 1970 (Ga. Laws 1970, p. 2441), as amended, is hereby amended by striking and repealing in its entirety Section 6 which reads as follows: Section 6. (a) The board of education created herein shall appoint, by a majority vote of its members, the county school superintendent

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who shall serve at the pleasure of the board. The first superintendent appointed by said board shall be appointed at the first meeting of the board held in 1971. Such superintendent shall take office immediately after his appointment. The county school superintendent holding office on the effective date of this Act shall continue to serve the term of office for which he was elected and until his successor is appointed by the board as provided herein. In the event a vacancy occurs in the office of county school superintendent prior to the expiration of the present term of office, such vacancy shall be filled as provided herein. No election for county school superintendent by the people shall be held in 1972. (b) The county school superintendent appointed by the board shall receive such compensation as the board shall provide by a majority vote of its members. The compensation of the superintendent shall be fixed by the board, and the amount of such compensation shall be duly recorded in the minutes of the board. The county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act. Section 4. It shall be the duty of the election superintendent of Coffee County to call for an election for the purpose of submitting this Act to the electors of the Coffee County School District for approval or rejection. The superintendent shall set the date of such election for Tuesday, June 2, 1981. 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 Coffee County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for the election of the school superintendent of Coffee County by the qualified electors of the Coffee 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.

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The expense of such election shall be borne by Coffee County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill calling for a referendum to choose the manner in which the Superintendent of Coffee County Schools is selected, the terms of office, qualifications, salary and other purposes. This the 11th day of December, 1980. James C. Moore Representative, 152nd District, Post 1 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 Douglas Enterprise which is the official organ of Coffee County, on the following dates: December 11, 18, 25, 1980. /s/ James C. Moore Representative, 152nd District

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Sworn to and subscribed before me, this 27th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CHATTAHOOCHEE COUNTYCOMPENSATION OF CLERK OF BOARD OF COUNTY COMMISSIONERS. No. 245 (House Bill No. 452). AN ACT To amend an Act creating the Board of Commissioners of Chattahoochee County, approved March 16, 1937 (Ga. Laws 1937, p. 1283), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3248), so as to remove certain restrictions upon the amount of compensation which may be paid to the clerk of said Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Chattahoochee County, approved March 16, 1937 (Ga. Laws 1937, p. 1283), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3248), is hereby amended by striking from Section 9 thereof the following: , not to exceed the sum of three hundred ($300.00) dollars per month,

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so that when so amended said Section 9 shall read as follows: Section 9. The Commissioners shall elect a clerk for said Board, whose duty it shall be to keep, in a well-bound book, a complete record of the acts and doings of said Board and said clerk shall perform any other duties as the Board may require of him and shall hold office at the will of said Board, and shall receive such compensation as the Board may fix. Before entering upon the discharge of his duties, said clerk shall give bond in the amount of one thousand ($1,000.00) dollars subject to the approval of the Commissioners, conditioned for the faithful performance of his duties as clerk, payable to the Governor. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to change the compensation of the Clerk for the Board of Commissioners of Chattahoochee County; to repeal conflicting laws; and for other purposes. /s/ Julian Greer Julian Greer, Chairman Chattahoochee County Board of Commissioners Notary Seal. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he/she Representative from the 111th

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District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following dates: January 16, 23, 30, 1981. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 2nd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF STEPHENS COUNTYTERMS. No. 246 (House Bill No. 461). AN ACT To amend an Act establishing the State Court of Stephens County, approved February 22, 1937, (Ga. Laws 1937, p. 1214), as amended, particularly by an Act approved March 17, 1958, (Ga. Laws 1958, p. 2701), so as to change the quarterly terms of said Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act establishing the State Court of Stephens County, approved February 22, 1937, (Ga. Laws 1937, p. 1214), as amended, particularly by an Act approved March 17, 1958, (Ga. Laws 1958, p. 2701), is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof the following: Section 4. Be it further enacted by the authority aforesaid, that the terms of said State Court shall be monthly and quarterly, the monthly terms for the trial and disposition of both criminal and civil business in which trial by jury is not demanded, and the quarterly terms for the trial and disposition of both civil and criminal business requiring trial by jury. On and after May 25, 1981, the quarterly terms of said Court shall begin on the fourth Monday in May next after the approval of this Act, and thereafter quarterly on the fourth Monday in February, the fourth Monday in May, the fourth Monday in August, and the third Monday in November of each year; the said monthly terms shall be held as follows: on the fourth Mondays in January, March, April, June, July, September, October, and the third Monday in December of each year; provided, that the Judge of said State Court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the Court does not justify holding the same; and providing, further, that said Court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms of said Court shall be held at the Courthouse in the City of Toccoa, in the said County of Stephens, and shall last until the business is disposed of, unless sooner adjourned for good cause. The Judge of said Court may hold adjourned terms of the regular monthly and quarterly terms of said State Court; and the Judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether the Court has been held from day to day until said time or not. Section 2 . This Act shall become effective May 25, 1981. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice to Introduce Legislation. Notice is hereby given that a bill will be introduced in the 1981 Session of the General Assembly of the State of Georgia to change the November Term of the State Court of Stephens County from the fourth Monday to the third Monday in November. This 6th day of January, 1981. Jack Irvin State Representative, 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Toccoa Record, which is the official organ of Stephens County, on the following dates: January 8, 15, and 22, 1981. /s/ Jack Irvin Representative, 10 District Sworn to and subscribed before me, this 4th day of February, 1981. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved April 6, 1981.

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STATE COURT OF STEPHENS COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 247 (House Bill No. 462). AN ACT To amend an Act establishing the State Court of Stephens County, approved February 22, 1937, (Ga. Laws 1937, p. 1214), as amended, particularly by an Act approved March 13, 1978, (Ga. Laws 1978, p. 3156), so as to change the compensation of the Judge and Solicitor of said Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the State Court of Stephens County approved February 22, 1937, (Ga. Laws 1937, p. 1214), as amended, particularly by an Act approved March 13, 1978, (Ga. Laws 1978, p. 3156), is hereby amended by striking Section 10 in its entirety and substituting in lieu thereof the following: Section 10. Be it further enacted by the authority aforesaid, that there shall be a Judge of said State Court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1940, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the Judge of said State Court shall hold his office by virtue of an election by the qualified voters of Stephens County, and shall hold his office for a term of four years, beginning on the first day of January, 1941. At the regular election of county officers of Stephens County, in the year 1940, there shall be elected by the qualified voters of said County of Stephens a Judge of said State Court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1941, and at each of the regular elections held for the election of county officers, every four years thereafter, a

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Judge of said Court shall be elected. Any vacancy in said office shall be filled by the appointment by the Governor for the unexpired term. The Judge of said State Court shall receive a salary of Twelve Thousand ($12,000.00) Dollars per annum which shall be paid monthly by the Clerk of the Board of Commissioners or other person or persons who are now or may hereafter be charged by law with the paying out of money of the County of Stephens, and shall be furnished an office in the Courthouse as other county officers; and it shall be the duty of the Commissioners of Roads and Revenue of said County, or other proper officers, to make provision annually in levying taxes for this purpose. The said Judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. Section 2 . Said Act is further amended by striking Section 14 in its entirety and substituting in lieu thereof the following: Section 14. Be it further enacted by the authority aforesaid, that there shall be a Solicitor of said State Court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the Judge of said Court, whose appointed term of office shall be until the first day of January, 1941, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the Judge of said Court; and it shall be the duty of said Solicitor to prosecute for all offenses cognizable before said Court. The said Solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as for a District Attorney in the Superior Court; but all such fees shall be paid into the County treasury by the said Solicitor as collected, and in lieu thereof he shall receive the sum of Twelve Thousand ($12,000.00) Dollars per annum, the same to be paid monthly out of the County treasury. The said Solicitor shall receive no other fees or compensation for his services, except that the Solicitor of said State Court shall for his services in the Supreme Court and Court of Appeals be paid out of the treasury of the State in the same manner as the District Attorney of the Superior Court is paid for like services rendered in said Courts. Section 3 . This Act shall become effective on July 1, 1981. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice to Introduce Legislation. Notice is hereby given that a bill will be introduced in the 1981 Session of the General Assembly of the State of Georgia to provide for an increase in the salary of the Judge and the Solicitor of the State Court of Stephens County. This 6th day of January, 1981. /s/ Jack Irvin State Representative, 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Toccoa Record, which is the official organ of Stephens County, on the following dates: January 8, 15, and 22, 1981. /s/ Jack Irvin Representative, 10 District Sworn to and subscribed before me, this 4th day of February, 1981. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved April 6, 1981.

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FLOYD COUNTY MERIT SYSTEM ACT AMENDED. No. 248 (House Bill No. 468). AN ACT To amend an Act known as the Floyd County Merit System Act, approved April 9, 1969 (Ga. Laws 1969, p. 2505), as amended, so as to provide an additional exemption from coverage under the Merit System; to abolish the present Floyd County Merit System Board and create a new Board composed of five members; to provide for rights, duties, and powers of the Board; to provide qualifications for members of the Board; to designate membership positions; to provide for appointment, election, and selection of Board members and the procedures connected therewith; to provide for terms and vacancies; to provide for removal of members and procedures connected therewith; to provide for a chairman and a vice chairman; to provide for compensation and allowances; to provide for meetings; to provide for office space, equipment, and 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 known as the Floyd County Merit System Act, approved April 9, 1969 (Ga. Laws 1969, p. 2505), as amended, is hereby amended by adding at the end of the listing of exceptions in the first undersignated paragraph of Section 2 thereof the following: (w) The Chief Deputy Clerk of the Judge of the Probate Court of Floyd County. Section 2. Said Act is further amended by striking in its entirety Section 3 thereof and inserting in lieu thereof a new Section 3 to read as follows:

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Section 3. (a) The members of the Floyd County Merit System Board serving immediately prior to the effective date of this Section shall continue to serve their terms of office until all initial members of the new Board created by subsection (b) of this Section shall have taken office, at which time the Merit System Board on which these three persons served shall be abolished. (b) There is hereby created a new Floyd County Merit System Board which shall consist of five members and which shall be the successor to all the rights, duties, and powers of that Board abolished pursuant to subsection (a) of this Section. (c) No person shall be a member of the Board created in subsection (b) unless that person shall have been a resident of Floyd County for at least two years prior to becoming a member of the Board and unless that person remains a resident of Floyd County during such service as a member of that Board. No person shall be a member of that Board if such person was an elective county officer in Floyd County at any time during the 12 month period immediately preceding that person's becoming a Board member or if such person holds any elective public office during such person's term of office as a Board member. No person shall be a member of that Board if such person was an employee subject to the provisions of this Act at any time during the 12 month period immediately preceding that person's becoming a Board member or if such person becomes an employee subject to the provisions of this Act during such employee's term of office as a Board member. (d) Each of the five members of the Board created by this Section shall occupy a position, designated as Positions 1, 2, 3, 4, and 5, on the Board as follows: (1) Within 30 days after the effective date of this Section the governing authority of Floyd County shall appoint one person as a member of the Board for Position 1 and one person as a member of the Board for Position 2. The person initially appointed for Position 1 shall serve for a term of office ending December 31, 1981. The person initially appointed for Position 2 shall serve for a term of office ending December 31, 1983. (2) Within 30 days after the effective date of this Section the employees subject to the provisions of this Act shall elect one person as a member of the Board for Position 3 and one person as a

Page 3640

member of the Board for Position 4. The person initially elected for Position 3 shall serve for a term of office ending December 31, 1982. The person initially elected for Position 4 shall serve for a term of office ending December 31, 1984. All elections for members for Positions 3 and 4 shall be by secret ballot, with the results thereof certified by the Senior Superior Court Judge of the Rome Judicial Circuit and entered upon the minutes of the governing authority of Floyd County. (3) A majority of the members in Positions 1, 2, 3, and 4 shall select a member of the Board for Position 5. If they are unable to select a member within 30 days after the last of their number takes office for the initial term specified in paragraphs (1) or (2) of this subsection or, after the initial term of office, are unable to select a member within 30 days after a vacancy occurs in Position 5 or within 30 days before the end of term of office occurs in Position 5, the grand jury of Floyd County serving at that time shall appoint a member for Position 5. The member initially selected for Position 5 shall serve for a term of office ending December 31, 1982. (4) After the initial terms of office specified in paragraphs (1) through (3) of this subsection, each member of the Board shall serve for a term of office of three years. Within 30 days before the expiration of a member's term of office, a successor shall be selected in the same manner in which the incumbent was selected and shall take office on the first day of January immediately following such selection. Vacancies shall be filled for the unexpired term within 30 days after the vacancy occurs and in the same manner in which the office was originally filled. All members shall serve until the end of their specified term of office and until a successor is selected pursuant to this paragraph and takes office for the following term of office. (e) The Floyd County Merit System Board shall consist of five members at all times. No member 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 calendar days prior to the date set for the hearing.

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(f) The five members of the said Merit System Board shall designate one of their number as chairman and another as vice chairman. (g) The members of the Merit System Board shall be paid $20.00 per diem for time actually devoted to the business of the Board. Said members shall not be paid a per diem for more than 60 days in any one calendar year. (h) 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. (i) 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. Section 3. This Act shall become effective June 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 1981 Session of the General Assembly of Georgia a bill to amend an Act creating the Floyd County Merit System, approved April 9, 1969 (Ga. Laws 1969, p. 2505); and for other purposes. This 6th day of January, 1981. E. M. (Buddy) Childers Representative, 15th District Dan Fincher Senator, 52nd District Ken Fuller Representative,
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16th District John Adams Representative-Elect 14th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers who, on oath, deposes and says that he/she is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune which is the official organ of Floyd County, on the following dates: January 8, 15, 22, 1981. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 26th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (23,500 - 24,100). No. 249 (House Bill No. 470). AN ACT To repeal an Act entitled An Act creating and establishing a Small Claims Court in each county in this State having a population of not less than 23,500 and not more than 24,100 according to the last United States Census of 1960 or any future such census; to prescribe the jurisdiction of said courts; to prescribe the pleading and practice in said courts; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judges of such Small Claims Courts; to provide that the judges of said courts shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in the county wherein such judge presides; to provide for clerks of and for said courts and for their duties and compensation; to provide for one or more bailiffs of and for said courts and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the services of processes of said courts; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to prescribe the costs of court; to provide for the furnishing of certain law books to said courts; to provide for contempts of said courts and the penalty therefor; to provide for the validating of the acts of said courts and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes., approved April 12, 1963 (Ga. Laws 1963, p. 3501), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2638); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act creating and establishing a Small Claims Court in each county in this State having a population of not less than 23,500 and not more than 24,100 according to the last United States Census of 1960 or any future such census; to prescribe the jurisdiction of said courts; to prescribe the pleading and practice in said courts; to provide for the appointment, duties, powers, compensation,

Page 3644

qualifications, substitution and tenure of the office of the judges of such Small Claims Courts; to provide that the judges of said courts shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in the county wherein such judge presides; to provide for clerks of and for said courts and for their duties and compensation; to provide for one or more bailiffs of and for said courts and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the services of processes of said courts; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to prescribe the costs of court; to provide for the furnishing of certain law books to said courts; to provide for contempts of said courts and the penalty therefor; to provide for the validating of the acts of said courts and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes., approved April 12, 1963 (Ga. Laws 1963, p. 3501), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2638), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Upson County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981.

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MONTGOMERY COUNTYSMALL CLAIMS COURT CREATED. No. 250 (House Bill No. 472). AN ACT To create and establish a Small Claims Court of Montgomery County, Georgia, to be known as the Small Claims Court of Montgomery County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of the office of the judge of such Small Claims Court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in Montgomery County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the service of process of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide for the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the validity of the acts of said court and the proceedings therein; to provide for all procedures, requirements and other matters connected with the foregoing; to provide for severability; to 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 Montgomery County, Georgia, to be known as the Small Claims Court of Montgomery County, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $2,500.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia.

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Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must, at the time of his appointment, be at least twenty-five years of age, and of good moral character. Any person so appointed shall be exempt from jury duty in the superior court and any other court existing or that may be created and established. (b) All other officers appointed to or employed by said court, as now or hereafter provided, must be at least twenty-one years of age. Section 3. Whenever the judge of said Small Claims Court shall be unable from absence, sickness, or other cause to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Montgomery 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. If the judge of the Small Claims Court is unable to act and the judge of the superior court is unable to act, upon application of the judge of the Small Claims Court, the clerk of the superior court shall perform the duties of the judge. If the clerk of the superior court is unable to act, the judge of the probate court shall perform such duties. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk or as deputy clerk, said clerk or deputy clerk to be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the certified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served

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on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by a duly qualified bailiff of said Small Claims Court; or by any person not a party to, or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (c) When served by a private individual, as hereinbefore provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual costs of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. When the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than thirty days from the date of the service of said notice. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $15.00, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants which shall not exceed $15.00; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant shall be $15.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $15.00, to be taxed in the discretion of the court. If a party shall fail to pay any 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

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between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court and the judge shall be entitled to $15.00 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such a manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. 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 3649

have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the superior court presiding in Montgomery County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve, from time to time, the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said court to act within and throughout the limits of the county, such bailiffs shall serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in Section 24-811 of the Code of Georgia and such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office as are other lawful constables of this state. Section 15. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county.

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Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now or hereafter provided for by law for appeals from probate courts to the superior court shall be applicable to appeals from the Small Claims Court to the superior court. Section 17. Until otherwise provided by rules of court, the statement of claims, verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court of Montgomery County Mt. Vernon, Georgia

Page 3651

Page 3652

Section 18. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Montgomery County are hereby validated. Section 19. Within 30 days after this Act becomes of full force and effect, the judge of the Superior Court of Montgomery County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Montgomery County, to serve from the date of such appointment to the first day of November following such appointment. The person so appointed by the judge of the Superior Court of Montgomery County shall be nominated by the grand jury convened in Montgomery County, Georgia, after this Act becomes of full force and effect. Thereafter, the grand jury in session in Montgomery County immediately prior to the expiration of the term of such judge shall nominate and the judge of the Superior Court of Montgomery County shall appoint a qualified person to serve as judge of Small Claims Court for a period of four years, beginning on November 1, immediately following his appointment, and until his successor is duly appointed and qualified. If, in the opinion of the judge of the Superior Court of Montgomery County, the person so nominated by the grand jury is qualified, he may appoint him as judge of the Small Claims Court of Montgomery County to serve said four-year term; but if the appointing judge in his sole discretion does not deem such person qualified or desirable to hold such office, he shall refuse to appoint him as such judge and shall notify the foreman of the grand jury nominating such person to nominate another person for such office. Within five days thereafter it shall be the duty of the grand jury to nominate another person for appointment to such office, and the judge of the Superior Court of Montgomery County upon receipt of such nomination shall use his discretion as aforesaid in making or refusing to make such appointment. Successors in such office shall be nominated and appointed each four years in the same manner as hereinbefore set out, for a four-year term beginning on November 1st immediately following their appointment. Any vacancy in such office for any unexpired term shall be filled without undue delay by the appointment of a qualified person by the judge of the Superior Court

Page 3653

of Montgomery County, with or without any nomination by the grand jury, in the sole discretion of the appointing judge. The judge of said Small Claims Court may be removed from office by the judge of the Superior Court of Montgomery County upon a recommendation being made by the grand jury of Montgomery County that he be removed. Any vacancy created by any such removal shall be filled for the unexpired term in the same manner that other vacancies are filled. Section 20. All forms, docket books, file jackets, filing cabinets and the like required by this Act shall be furnished by the governing authority of Montgomery County. Section 21. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall, in every kind of case, designate the times when attachments and executions are returnable, and also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 22. A summons of garnishment may be served by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima-facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment

Page 3654

which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 23. The judge of the Small Claims Court shall have the power to impose fines of not more than $10.00 or imprison for not longer than 24 hours any person guilty of contempt of court, such fine to be paid into the county treasury or depository for county purposes. Section 24. The fee of bailiff for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be 10 percent (10%) of the first $250.00 and 5 percent (5%) on all sums over that amount with a minimum of $3.00. Section 25. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. At the request of the Montgomery County grand jury, notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create a small claims court for Montgomery County; and for other purposes. This 2 day of January, 1981.

Page 3655

L. L. Phillips Representative, 120th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following dates: January 7, 14, 21, 1981. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 3656

RICHMOND COUNTYDUTIES OF SUPERINTENDENT OF SCHOOLS. No. 251 (House Bill No. 495). 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 March 18, 1980 (Ga. Laws 1980, p. 3257), so as to provide for an additional method of executing employment contracts to allow the Superintendent to execute employment contracts through the use of a facsimile signature under such rules and regulations as approved by the Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), an Act approved March 18, 1980 (Ga. Laws 1980, p. 3257), is hereby amended by adding after subsection (e) of Section 6 of Section G a new subsection (f) to read as follows: (f) The Superintendent shall have the sole responsibility of executing on behalf of the School Board, each contract of employment required to be signed by any employee. The signature of the Superintendent on such contracts of employment may be by facsimile signature of the Superintendent under such reasonable rules and regulations as the Board of Education may from time to time deem necessary for the use of such facsimile signature. Section 2 . This Act shall become effective on the first day 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 3657

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 allow the Superintendent of Schools to sign employee contracts by the use of a facsimile signature; to provide for editorial revision; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other similiar purposes. This 5 day of January, 1981. Leonard O. Fletcher, Jr. Attorney For County Board of Education of Richmond County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam Nicholson who, on oath, deposes and says that he/she is Representative from the 88th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: January 8, 15, 22, 1981. /s/ Sam Nicholson Representative, 88th District

Page 3658

Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF GRIFFINCHAIRMAN OF BOARD OF COMMISSIONERS. No. 252 (House Bill No. 497). AN ACT To amend an Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. Laws 1921, p. 959), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3393), so as to provide for the election of the chairman of the board of commissioners; 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 a new charter for the City of Griffin, approved July 21, 1921 (Ga. Laws 1921, p. 959), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3393), is hereby amended by striking Section 10 of said Act, which reads as follows: Section 10. At the first meeting of the Board of Commissioners conducted after the members of the Board elected to said Board in the 1975 general election shall assume office, the members of the Board shall elect one of their members to serve as chairman for the

Page 3659

next ensuing twelve months. Thereafter, the Board shall elect one of their members to serve as chairman for a term of office of one year and until a successor is duly elected. No Commissioner shall be eligible to succeed himself as chairman. The chairman shall hold the title of `Honorary Mayor of the City of Griffin'., and substituting in lieu thereof a new Section 10 to read as follows: Section 10. At the first regular meeting of the Board of Commissioners in December of each year, and as the first order of new business after the swearing in of the newly elected Commissioner or Commissioners, the members of the Board of Commissioners shall elect one of their members to serve as Chairman for the next ensuing 12 months and until a successor is duly elected. No Commissioner shall be eligible to succeed himself as Chairman. The Chairman shall hold the position as Honorary Mayor. 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 is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to provide for the Chairman of the Board of Commissioners of the City of Griffin shall be elected as the first order of new business after the swearing in of the newly elected Commissioner or Commissioners at the first regular meeting in December of each year; and for other purposes. This 23rd day of December, 1980. /s/ Roy L. Inman, City Manager

Page 3660

Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Quimby Melton, Jr., who, upon oath, says that he is the publisher of a newspaper known as the Griffin Daily News, and the official newspaper of Spalding County, Georgia, and certifies that the within notice of Home Rule Amendment, pertaining to election, by the Commission, of Chairman to serve the next ensuing year, was published in said newspaper on December 31, 1980, January 9, 1981 and January 16, 1981. This 28th day of January, 1981. /s/ Quimby Melton, Jr. Sworn to and subscribed before me, this 29th day of January, 1981. /s/ Joan C. Jones Notary Public, Spalding County, Ga. (Seal). Approved April 6, 1981.

Page 3661

WHEELER COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 253 (House Bill No. 498). AN ACT To amend an Act creating the office of commissioner of Wheeler County, approved August 7, 1924 (Ga. Laws 1924, p. 378), as amended, particularly by an Act approved April 5, 1961 (Ga. Laws 1961, p. 2870), so as to change the provisions relating to the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of Wheeler County, approved August 7, 1924 (Ga. Laws 1924, p. 378), as amended, particularly by an Act approved April 5, 1961 (Ga. Laws 1961, p. 2870), is hereby amended by striking Section 2 of the amendatory Act approved April 5, 1961 (Ga. Laws 1961, p. 2870), in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The commissioner of Wheeler County shall receive an annual salary of $12,000.00 to be paid from the funds of Wheeler County. Said salary shall be paid in weekly, semimonthly, or monthly installments as the commissioner shall fix and determine. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Wheeler County, approved August 7, 1924 (Ga. Laws 1924, p. 378), as amended, so as to change the provisions relative to the compensation of said Commissioner;

Page 3662

This 15 day of January, 1981. W. H. Thomas, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: January 21, 28, February 4, 1981. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 3663

WHEELER COUNTYJUDGE OF PROBATE COURT PLACED ON SALARY BASIS. No. 254 (House Bill No. 499). AN ACT To abolish the present mode of compensating the judge of the Probate Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal a specific Act; 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 Wheeler County, known as the fee system, is hereby abolished and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2. The judge of the probate court shall receive an annual salary of $14,000.00, payable in equal monthly installments from county funds. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.

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Section 4. The judge of the probate court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to 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 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 office of the judge of the probate court, 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 Wheeler County. Section 6. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 7. An Act entitled: An Act to provide for the yearly compensation of the judge of the probate court of Wheeler County in addition to fees which he now receives; to repeal conflicting laws; and for other purposes. approved April 5, 1961 (Ga. Laws 1961, p. 3027), as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2619), is hereby repealed in its entirety. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3665

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to provide a salary for the Judge of the Probate Court of Wheeler County in lieu of fee system of compensation; and for other purposes. This 15 day of January, 1981. W. H. Thomas, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: January 21, 28, February 4, 1981. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3666

WHEELER COUNTYCOMPENSATION OF SHERIFF. No. 255 (House Bill No. 500). AN ACT To amend an Act providing an annual salary for the sheriff of Wheeler County, approved March 30, 1965 (Ga. Laws 1965, p. 2970), as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the sheriff of Wheeler County, approved March 30, 1965 (Ga. Laws 1965, p. 2970), as amended is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The sheriff shall receive an annual salary of $14,000.00 payable in equal monthly installments from the funds of Wheeler 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 1981 session of the General Assembly of Georgia, a bill to amend an

Page 3667

Act creating the office of Sheriff of Wheeler County, as amended, so as to change the provisions relative to the compensation of said Sheriff; and for other purposes. This 15 day of January, 1981. W. H. Thomas, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: January 21, 28, February 4, 1981. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 3668

BOARDS OF ELECTIONS CREATED IN CERTAIN COUNTIES (45,550 - 50,550). No. 256 (House Bill No. 508). AN ACT To provide for a board of elections in certain counties; to define its powers and duties concerning primaries, elections, and registration of electors; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to relieve the judge of the probate court and board of registrars of each such county from certain responsibilities; to abolish the county board of registrars in each such 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. There is hereby created in each county of this state having a population of not less than 45,550 and not more than 50,550 according to the 1970 United States decennial census or any future such census a board of elections which shall have jurisdiction over the conduct of primaries and elections in such counties. Section 2. The board of elections in each such county shall be composed of five members, each of whom shall be an elector of said county, shall be a resident of said county for a period of two years, shall be 25 years of age at the time of assuming office, and shall be selected in the following manner: (1) Two members shall be appointed by the chairman of the county executive committee of the political party whose candidates, at the last preceding general election, received the largest number of votes in this state for members of the General Assembly. Two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes. One member shall be appointed by the last regularly scheduled grand jury convening in such county preceding the date on which such member is to take office.

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(2) Each of the appointments made by the respective executive committee chairmen shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees at least 30 days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 3 of this Act. Section 3. The appointment or election of each appointed or elected member shall be made by the respective appointing or electing authority by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court, shall certify the name of each such appointed or elected member to the Secretary of State, and shall provide for the issuance of appropriate commissions to the members and chairmen within the same time and in the same manner as provided by law for registrars. In the event any appointing or electing authority fails to make a regular appointment or election within the times specified in this section and in subsection (2) of Section 2 or to make an interim appointment or election to fill a vacancy within 60 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the grand jury of such county. Section 4. Two of the initial members of the board, one appointed or elected from each of the political parties, pursuant to subsection (1) of Section 2 shall serve for an initial term of two years or until their successors are appointed or elected and qualified. Two members, one appointed or elected from each of the political parties, and the member appointed by the grand jury shall serve an initial term of office of four years. Thereafter, successors to the initial members shall serve for terms of office of four years or until their successors are duly appointed or elected and qualified. Each member 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 respective appointing or electing authority and to the clerk of superior court. All members shall be subject to removal from the board at any time, for

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cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Section 5. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of his term by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve the remainder of the unexpired term. The clerk of superior court shall be notified of interim appointments or elections and shall record and certify such appointments or elections and changes in the same manner as the regular appointments or election of members. Section 6. The first members of the board under this Act shall take office 30 days from the effective date of this Act or as soon thereafter as practicable. Before entering upon his duties each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 7. No person who holds elective or appointive office or is a salaried employee of the governing body of said county, any municipality in said county, or any board of education or commission appointed by the governing body or any municipality in said county shall be eligible for appointment or election to the board of elections if he has so served within three months immediately preceding his appointment as a member of the board of elections or within three months immediately preceding his qualifying to run for any position on said board; provided, however, any member of the board of elections shall be eligible for reappointment to said board. Section 8. The members of the board of elections shall elect their own chairman who shall serve as such for a term of office of one year. No member of the board of elections shall be eligible to offer for elective public office for a period of six months following his service on the board. Section 9. 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.

Page 3671

Section 10. Compensation for the chairman of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority. Compensation for the other members of the board of elections shall be the same as received by members of the board of registrars, not including the chief registrar. Said compensation shall be paid totally from county funds. Section 11. The board of elections shall have the following powers and duties: (1) It shall succeed to and exercise all of the duties granted to and incumbent upon the judge of the probate court of each such county pursuant to the provisions of Title 34 of the Code of Georgia, as now or hereafter amended, and any other provision of law. (2) It shall succeed to and exercise all of the duties and powers granted to an incumbent upon the board of registrars in each such county pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, and any other provision of law. (3) It shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the board of elections, poll workers shall be properly trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 34-902, as amended, relating to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board of elections. (4) The board shall be responsible for the selection, appointment, and training of poll workers in elections; and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. The board shall be authorized to employ not less than two full-time employees and such other employees as the governing authority shall approve. Section 12. The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and

Page 3672

regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall be in conflict with any other provision of law. Section 13. With the consent of the governing authority, the board of elections shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately electors of the county with regards to elections. Section 14. The judge of the probate court and the county board of registrars in each such county are hereby 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. Also, at such time, the board of registrars in each such county shall be abolished. However, the judge of the probate court in each such county shall continue to swear in all persons elected to public office. Section 15. The governing authority of the county shall provide the board with such proper and suitable offices and with the supplies and equipment necessary to perform its duties. Section 16. The board of elections shall have the authority to contract with any municipality located within the county for the holding of any primary or election by the board to be conducted within the municipality. Section 17. 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 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3673

Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. RICHMOND COUNTYAD VALOREM TAXATION. No. 257 (House Bill No. 509). AN ACT To carry into effect an amendment to the Constitution, as found in Ga. Laws 1980, p. 2162, to provide for the governing authority of Richmond County to grant a discount for early payment of county ad valorem taxes; to provide for the amount of the discount; to provide for the amount of payment and date to qualify for discount; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Richmond County shall have the authority to provide by resolution for every taxpayer who pays county ad valorem taxes in Richmond County within twenty (20) days from the original billing date of the county ad valorem taxes an incentive discount not to exceed four percent (4%) for early payment of said taxes. No such discount shall be granted except upon payment in full by the taxpayer of all ad valorem taxes due and payable for county taxes. The governing authority of Richmond County may from time to time by appropriate resolution change the amount of discount allowed provided such modification does not exceed the maximum discount allowed herein. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1981 Session of the General Assembly of Georgia to carry into effect an amendment to the Constitution, as found in Georgia Laws 1980, pp. 2162, et seq. to provide for early payment of County ad valorem taxes; to provide for the amount of the discount; to provide an effective date; to repeal conflicting laws; and for other purposes. This 17th day of December, 1980. David Swann Representative, 90th District, Richmond County, Georgia State of Georgia Richmond County. Personally appeared before me, a Notary Public, the undersigned, William S. Morris, III, who, on oath says that he is the President of Southeastern Newspapers Corporation, publisher of The Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that the legal notice of intention to apply for local legislation was duly published once a week for three weeks, as required by law. Said dates of publication being December 22, 29, 1980 and January 5, 1981.

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/s/ William S. Morris, III Preskdent, Southeastern Newspapers Corporation Publisher of The Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me, this 7th day of January, 1981. /s/ Marie B. Marriott Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal). Approved April 6, 1981. RICHMOND COUNTYSCHOOL TAXES. No. 258 (House Bill No. 510). AN ACT To carry into effect an amendment to the Constitution, as found in Ga. Laws 1980, p. 2162; to provide for the governing authority of the Public School System of Richmond County to grant a discount for early payment of School ad valorem taxes; to provide for the amount of the discount; to provide for the amount of payment and date to qualify for discount; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3676

Section 1. The County Board of Education of Richmond County shall have the authority to provide by resolution for every taxpayer who pays School ad valorem taxes in Richmond County within twenty (20) days from the original billing date of the School ad valorem taxes an incentive discount not to exceed four percent (4%) for early payment of said taxes. No such discount shall be granted except upon payment in full by the taxpayer of all ad valorem taxes due and payable for School taxes. The County Board of Education may from time to time by appropriate resolution change the amount of discount allowed provided such modification does not exceed the maximum discount allowed herein. 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 local legislation will be introduced in the 1981 Session of the General Assembly of Georgia to carry into effect an amendment to the Constitution, as found in Georgia Laws 1980, p. 2162, et seq. to provide for early payment of School ad valorem taxes; to provide for the amount of the discount; to provide for the payment and date to qualify for discount; to provide an effective date; to repeal conflicting laws; and for other purposes. This 5th day of January, 1981. Leonard O. Fletcher Jr. Attorney for County Board of Education of Richmond County

Page 3677

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Swann who, on oath, deposes and says that he/she is Representative from the 90th 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 8, 15, 22, 1981. /s/ David Swann Representative, 90th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. RICHMOND COUNTYMEMBERS OF BOARD OF EDUCATION, REFERENDUM. No. 259 (House Bill No. 511). AN ACT To amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as

Page 3678

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 1974, p. 2545), an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), 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. 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.

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(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 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 years 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 or districts being sometimes referred to herein as 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

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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 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

Page 3681

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 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

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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 *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 ED'S *120, 124, 125 127

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*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 (Fort Gordon Military Reservation) and extending to Richmond County Line. Total 1970 28,307 1978 35,224 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 and Central of Georgia Railroad.

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*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 listings 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); District 4, district wide, Post #1 (Old 1269th District);

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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 #1 (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 four (4) 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 which was held on the first Tuesday after the first Monday in November, 1980, four members of the Board were 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). Such members so elected 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.

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(3) At the election to be held on the first Tuesday after the first Monday in November, 1981, four (4) members of the 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 four (4) 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 five (5) 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.

Page 3687

Any candidates desiring to qualify in the special election 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 days nor more than 45 days prior to the first Tuesday after the first Monday in November, 1981, 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 first Tuesday after the first Monday in November, 1981. The superintendent of elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of 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 1981 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.

Page 3688

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 5 day of January, 1981. Leonard O. Fletcher, Jr. Attorney for County Board of Education of Richmond County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Swann who, on oath, deposes and says that he/she is Representative from the 90th 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 8, 15, 22, 1981. /s/ David Swann Representative, 90th District

Page 3689

Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. JEFFERSON COUNTYPERSONNEL IN TAX COMMISSIONER'S OFFICE. No. 260 (House Bill No. 517). AN ACT To amend an Act creating the office of tax commissioner of Jefferson County, approved March 21, 1968 (Ga. Laws 1968, p. 2573), so as to change provisions relating to the personnel of the tax commissioner's office; 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 Jefferson County, approved March 21, 1968 (Ga. Laws 1968, p. 2573), is hereby amended by striking Section 5, which reads as follows: Section 5. The tax commissioner is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $9,300.00 during any one calendar year.

Page 3690

All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the county from county funds., and inserting in its place a new section to read as follows: Section 5. The tax commissioner may appoint two full-time deputy tax commissioners and such part-time personnel as are authorized by the county governing authority upon the request of the tax commissioner. The compensation of the deputy tax commissioners and part-time personnel shall be fixed by the county governing authority. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, including, but not limited to, office equipment, supplies, fixtures, and utility expenses, shall be paid by the county from county funds. Section 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 1981 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner of Jefferson County so as to make provisions relative to the employment of personnel within that office, to provide that their compensation shall be fixed by the Board of Commissioners of Jefferson County, and for other purposes. This 12th day of January, 1981. E. E. Bargeron State Representative

Page 3691

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 15, 22, 29, 1981. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. JEFFERSON COUNTYPERSONNEL IN SHERIFF'S OFFICE. No. 261 (House Bill No. 518). AN ACT To amend an Act placing the sheriff of Jefferson County on an annual salary, approved March 10, 1965 (Ga. Laws 1965, p. 2226), as

Page 3692

amended, particularly by an Act approved April 28, 1969 (Ga. Laws 1969, p. 3722), so as to change provisions relating to the 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 Jefferson County on an annual salary, approved March 10, 1965 (Ga. Laws 1965, p. 2226), as amended, particularly by an Act approved April 28, 1969 (Ga. Laws 1969, p. 3722), as amended, is hereby amended by striking Section 8, which reads as follows: Section 8. The sheriff of Jefferson County is hereby authorized to appoint two full-time deputies and two full-time office clerks. In the event the sheriff deems that a jailer and other part-time deputies, in addition to the full-time deputies and clerks provided for above, are needed, he shall be authorized to employ such personnel. The compensation to be received by the full-time and part-time employees of the sheriff's office shall be fixed by the board of commissioners of Jefferson County and shall be paid from the funds of Jefferson County., and inserting in its place a new section to read as follows: Section 8. The sheriff may employ the following personnel: three jailers; not more than nine deputies; one investigator; two full-time clerks; and such part-time personnel as are authorized by the county governing authority upon the request of the sheriff. The compensation to be paid to such personnel shall be fixed by the county governing authority. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Jefferson County upon an annual salary so as to make provisions relative to the employment of personnel within

Page 3693

the Sheriff's Office, to provide that their compensation shall be fixed by the Board of Commissioners of Jefferson County, and for other purposes. This 12th day of January, 1981. E. E. Bargeron State Representative 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 15, 22, 29, 1981. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3694

JEFFERSON COUNTYPERSONNEL IN OFFICE OF CLERK OF SUPERIOR COURT. No. 262 (House Bill No. 519). AN ACT To amend an Act placing the Clerk of the Superior Court of Jefferson County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 3612), as amended, so as to change provisions relative to personnel of the clerk's office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Jefferson County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 3612), as amended, is hereby amended by striking Section 4, which reads as follows: Section 4. The Clerk of the Superior Court of Jefferson County shall have the authority to appoint a Deputy Clerk who shall receive an annual salary of not less than $5,500.00 nor more than $7,500.00. The Clerk may also appoint a part-time assistant as he shall deem necessary. The Clerk shall, from time to time, recommend to the governing authority of the court the 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 of Jefferson County, during his term of office, to designate and name the person or persons who shall be employed as such deputy or assistant, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion., and inserting in its place a new section to read as follows: Section 4. The clerk may appoint two full-time deputy clerks and such part-time personnel as are authorized by the county governing authority upon the request of the clerk. The compensation of the deputy clerks and part-time personnel shall be fixed by the county governing authority.

Page 3695

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 1981 Session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of Superior Court of Jefferson County upon an annual salary so as to make provisions relative to the employment of personnel within the Clerk's Office, to provide that their compensation shall be fixed by the Board of Commissioners of Jefferson County, and for other purposes. This 12th day of January, 1981. E. E. Bargeron State Representative 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 15, 22, 29, 1981. /s/ Emory E. Bargeron Representative, 83rd District

Page 3696

Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. ACT PLACING CORONERS IN CERTAIN COUNTIES ON SALARY BASIS REPEALED (28,300 - 29,600). No. 263 (House Bill No. 523). AN ACT To repeal an Act entitled An Act to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the United States Decennial Census of 1970, or any future such census; to repeal conflicting laws; and for other purposes., approved March 11, 1977 (Ga. Laws 1977, p. 345); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the United States Decennial Census of 1970, or any future such census; to repeal conflicting laws; and for other purposes., approved March 11, 1977 (Ga. Laws 1977, p. 345), is hereby repealed in its entirety.

Page 3697

Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act amending an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. Laws 1961, p. 2511), so as to change the compensation of the coroner of Douglas County; and for other purposes does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. CATOOSA COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 265 (House Bill No. 539). 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 26, 1980 (Ga. Laws 1980, p. 4255), 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 Tax Commissioner of Catoosa County, approved February 10, 1937 (Ga. Laws 1937, p. 1267), as amended, particularly by an Act approved March 26, 1980 (Ga. Laws 1980, p. 4255), is hereby amended by striking in its entirety Section 5 thereof, which reads as follows:

Page 3698

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., and inserting in lieu thereof the following new Section 5 to 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 $6,000.00 per annum, to be paid in equal semimonthly installments; and the sum of $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 and on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, which total taxes and shall include, without being limited to, those motor vehicle taxes listed in said digest. Said tax commissioner shall also be entitled to the fees now

Page 3699

allowed tax commissioners for motor vehicle license tags pursuant to an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as now or hereafter amended, and for certain motor vehicle title transactions pursuant to an Act approved March 3, 1961 (Ga. Laws 1961, p. 68), as now or hereafter amended. 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. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the Georgia General Assembly, a bill relative to the Office of Tax Commissioner of Catoosa County relative to commissions and for other purposes. /s/ Robert G. Peters State Representative

Page 3700

State of 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 1, 8, and 15, 1981. /s/ Jim Caldwell Sworn to and subscribed before me, this the 20 day of January, 1981. /s/ June B. Hester (Seal). Approved April 6, 1981. DOOLY COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 266 (House Bill No. 543). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Dooly County into the office of tax commissioner of Dooly County, approved February 25, 1949 (Ga. Laws 1949, p. 1628), as amended, 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:

Page 3701

Section 1. An Act consolidating the offices of tax receiver and tax collector of Dooly County into the office of tax commissioner of Dooly County, approved February 25, 1949 (Ga. Laws 1949, p. 1628), as amended, is hereby amended by striking from Section 3 the following: six thousand ($6,000.00) dollars, and inserting in lieu thereof the following: seven thousand two hundred ($7,200.00) dollars, so that when so amended Section 3 shall read as follows: Section 3. The salary of the tax commissioner of Dooly County shall be seven thousand two hundred ($7,200.00) dollars per annum and shall be paid in equal monthly installments from the funds of Dooly County. The tax commissioner shall be authorized to employ assistants and clerical help and the salaries of these assistants and clerks shall be fixed by the board of commissioners of roads and revenues of Dooly County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning January 1981, for the enactment of a local bill to amend an Act entitled An Act to abolish the offices of tax collector and tax receiver in the County of Dooly and for other purposes approved February 25, 1949 (Ga. L. 1949, p. 1628), amended (Ga. L. 1963, p. 3317), so as to authorize the commissioners of roads and revenues for the County of Dooly to fix the salary of the tax commissioner of Dooly County, and for other purposes. This January 12, 1981. Dooly County Board of Commissioners By: Billy S. Giles, Chairman Attest: Frances K. Smith, Clerk

Page 3702

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 Vienna News-Observer which is the official organ of Dooly County, on the following dates: January 14, 21, 28, 1981. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3703

DOOLY COUNTYBOARD OF COUNTY COMMISSIONERS. No. 267 (House Bill No. 544). AN ACT To amend an Act creating a board of commissioners of roads and revenues for the County of Dooly, approved August 18, 1913 (Ga. Laws 1913, p. 373), as amended by an Act approved August 9, 1919 (Ga. Laws 1919, p. 639), an Act approved August 13, 1929 (Ga. Laws 1929, p. 594), an Act approved March 2, 1943 (Ga. Laws 1943, p. 951), an Act approved February 26, 1947 (Ga. Laws 1947, p. 143), an Act approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3291), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2882), and an Act approved April 4, 1967 (Ga. Laws 1967, p. 2586), so as to create new road districts for the election of commissioners; to provide for the election, terms, and qualifications of commissioners; to provide for all related 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. An Act creating a board of commissioners of roads and revenues for the County of Dooly, approved August 18, 1913 (Ga. Laws 1913, p. 373), as amended by an Act approved August 9, 1919 (Ga. Laws 1919, p. 639), an Act approved August 13, 1929 (Ga. Laws 1929, p. 594), an Act approved March 2, 1943 (Ga. Laws 1943, p. 951), an Act approved February 26, 1947 (Ga. Laws 1947, p. 143), an Act approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3291), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2882), and an Act approved April 4, 1967 (Ga. Laws 1967, p. 2586), is hereby amended by striking in its entirety Section 2 and inserting in its place a new section to read as follows: Section 2. Dooly County shall be divided into three road districts as described below: Dooly County Road District No. 1 All that portion of Dooly County, Georgia, lying northerly and easterly of a line defined as follows: Begin at the northwest corner of Lot of Land No. 11 in the Second Land District of Dooly County,

Page 3704

Georgia, and thence proceed south along the west line of General Militia District No. 1466 to the southwest corner of Lot of Land No. 150 in the Second Land District of Dooly County, Georgia, being the southwest corner of General Militia District No. 1466; thence continue south along the west line of General Militia District No. 1479 to its point of intersection with the center run of the north prong of Little Pennahatchee Creek; thence proceed in a southwesterly direction along the center run of the north prong of Little Pennahatchee Creek to its point of intersection with the centerline of County Road No. 116; thence proceed in an easterly direction along the center line of County Road No. 116 to its point of intersection with the center line of State Route No. 7, also known as U. S. Highway No. 41; thence proceed in a northeasterly direction along the center line of State Route No. 7 to its point of intersection with the center line of County Road No. 155; thence proceed in an easterly direction along the center line of County Road No. 155 to its point of intersection with the center line of County Road No. 154; thence proceed in a northeasterly direction along the center line of County Road No. 154 to its point of intersection with the center line of County Road No. 215; thence proceed in an easterly direction along the center line of County Road No. 215 to its point of intersection with the center run of Wildcat Creek; thence continue in an easterly direction along the center run of Wildcat Creek to its point of confluence with the center run of Bratcher Creek to form Cedar Creek; thence continue in an easterly direction along the center run of Cedar Creek to the east county line of Dooly County, Georgia. Dooly County Road District No. 2 All that portion of Dooly County, Georgia, lying westerly of a line defined as follows: Begin at the northwest corner of Lot of Land No. 11 in the Second Land District of Dooly County, Georgia, and thence proceed south along the west line of General Militia District No. 1466 to the southwest corner of Lot of Land No. 150 in the Second Land District of Dooly County, Georgia, being the southwest corner of General Militia District No. 1466; thence continue south along the west line of General Militia District No. 1479 to its point of intersection with the center run of the north prong of Little Pennahatchee Creek; thence proceed in a southwesterly direction along the center run of the north prong of Little Pennahatchee Creek to its point of intersection with the center line of County Road No. 116; thence proceed in an easterly direction along the center line of County Road No. 116 to its point of intersection with the center line of State Route

Page 3705

No. 7, also known as U. S. Highway No. 41; thence proceed in a southerly direction along center line of State Route No. 7 to its point of intersection with the north corporate limit of the City of Vienna, Georgia; thence proceed in a counterclockwise direction along the corporate limit of the City of Vienna, Georgia, to its point of intersection again with the center line of State Route No. 7 in Lot of Land No. 59 in the Seventh Land District of said Dooly County, Georgia; thence proceed south along the center line of State Route No. 7 to its point of intersection with the south county line of Dooly County, Georgia. Dooly County Road District No. 3 All that portion of Dooly County, Georgia, lying easterly and southerly of a line defined as follows: Begin at the point of intersection of the center line of State Route No. 7, also known as U. S. Highway No. 41, and the south county line of Dooly County, Georgia; thence proceed in a northerly direction along the center line of State Route No. 7 to its point of intersection with the south corporate limit of the City of Vienna, Georgia; thence proceed in a clockwise direction along the corporate limit of the City of Vienna, Georgia, to its point of intersection again with the center line of State Route No. 7 in Lot of Land No. 55 in the Seventh Land District of Dooly County, Georgia; thence proceed in a northerly direction along the center line of State Route No. 7 to its point of intersection with the center line of County Road No. 155; thence proceed in an easterly direction along the center line of County Road No. 155 to its point of intersection with the center line of County Road No. 154; thence proceed in a northeasterly direction along the center line of County Road No. 154 to its point of intersection with the center line of County Road No. 215; thence proceed in an easterly direction along the center line of County Road No. 215 to its point of intersection with the center run of Wildcat Creek; thence continue in an easterly direction along the center run of Wildcat Creek to its point of confluence with the center run of Bratcher Creek to form Cedar Creek; thence continue in an easterly direction along the center run of Cedar Creek to the east county line of Dooly County, Georgia. Section 2. Said Act is further amended by repealing in their entirety the amendatory Act approved March 2, 1943 (Ga. Laws 1943, p. 951) and the amendatory Act approved February 26, 1947 (Ga. Laws 1947, p. 143).

Page 3706

Section 3. Said Act is further amended by striking in its entirety Section 4 and inserting in its place a new section to read as follows: Section 4. (a) The members of the Board of Commissioners of Dooly County who are in office on the effective date of this section and who were elected pursuant to the order of the United States District Court for the Middle District of Georgia in Civil Action No. 79-43-AMER shall serve for the terms provided in that order, which terms are: until January 1, 1985, for the District 1 Commissioner; until January 1, 1983, for District 2 Commissioner; and until January 1, 1987, for the District 3 Commissioner. (b) (1) A successor to each of these current members and their successors shall be elected from the road district of the same number at the general election preceding the expiration of each term; and each such future member shall serve for a term of six years beginning on January 1 following his election and until his successor is elected and qualified. (2) Each candidate in such future elections must be a resident of the district he seeks to represent at the time he qualifies. (3) Election of each such future member shall be by the voters of the district represented only. 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 Proposed Local Legislation. Notice is, as provided by the Constitution of the State of Georgia, hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for the County of Dooly, approved August 18, 1913 (Ga. Laws 1913, p. 373), as amended by an Act approved August 9, 1919 (Ga. Laws 1919, p. 639), an Act approved August 13, 1929 (Ga. Laws 1929, p. 594), an Act approved March 2, 1943 (Ga. Laws 1943, p. 951), an Act approved February 26,

Page 3707

1947 (Ga. Laws 1947, p. 143), an Act approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3291), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2882), and an Act approved April 4, 1967 (Ga. Laws 1967, p. 2586), so as to create new road districts for the election of commissioners; to provide for the election, terms, and qualifications of commissioners; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This, 31st day of December, 1980. Howard Rainey Representative, District 135 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 Vienna News-Observer which is the official organ of Dooly County, on the following dates: January 7, 14, 21, 1981. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3708

CITY OF SUGAR HILLCOUNCIL MEMBERS, TERMS, ETC. No. 268 (House Bill No. 552). AN ACT To amend an Act providing a new charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. Laws 1975, p. 3232), as amended, so as to change the terms and election time of certain council members; to provide for designations for office; 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 Sugar Hill, Georgia, approved April 17, 1975 (Ga. Laws 1975, p. 3232), as amended, is hereby amended by designating the first paragraph of Section 2.11 thereof as subsection (a) and by adding immediately thereafter a new subsection (b) to read as follows: (b) Notwithstanding the provisions of subsection (a) of this Section, any person desiring to succeed to the office on the council held on February 1, 1981, by Ms. Michael Smith shall so designate at the time of qualifying for election to such office in 1982. The person elected to such office in 1982 shall take office on January 1, 1983, for a term of office ending on December 31, 1985, and upon the election and qualification of a successor. Thereafter all successors to such office shall be elected in the odd-numbered year in which the term of such office expires, shall take office on the first day of January immediately following such election, and shall serve for a term of office of two years and until the election and qualification of a successor. Beginning in 1984, the mayor and two members of the council shall be elected in even-numbered years, shall take office on the first day of January following such election, and shall serve for a term of office of two years and until the election and qualification of a

Page 3709

successor. Beginning in 1985, the remaining three members of the council shall be elected in odd-numbered years, shall take office on the first day of January following such election, and shall serve for a term of office of two years and until the election and qualification of a successor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given by the undersigned that local legislation will be introduced in the General Assembly of Georgia, which convenes in January, 1981, to amend Section 2.11 of the present Charter of the City of Sugar Hill, Georgia, Acts of 1975, Pp. 3234-3269 to change the terms of office of the Mayor and Council so as to provide that the Mayor and two council persons shall be elected in even years and the other three council persons shall be elected in odd years and to provide for transition required by the proposed Amendment. This notice is given in compliance with Georgia Code Annotated Section 2-1309 and 47-801. /s/ Jack Bramblett City Manager Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Martin who, on oath, deposes and says that he/she is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 7, 13, 20, 1981. /s/ Charles Martin Representative, 60th District

Page 3710

Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. BARROW COUNTYEXPENSE ACCOUNTS OF BOARD OF COMMISSIONERS. No. 269 (House Bill No. 562). AN ACT To amend an Act recreating and establishing a board of commissioners of Barrow County, approved April 2, 1976 (Ga. Laws 1976, p. 4033), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4232), so as to change provisions relating to the expense allowance of members of said board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act recreating and establishing a board of commissioners of Barrow County, approved April 2, 1976 (Ga. Laws 1976, p. 4033), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4232), is hereby amended by striking subsection

Page 3711

(a) of Section 11 and inserting in lieu thereof a new subsection (a) of Section 11 to read as follows: (a) (1) The chairman of the Board shall be compensated in the amount of $12,000.00 per annum; provided, that beginning on the first day of the term for which a chairman is elected at the general election to be held in 1980, the chairman shall be compensated in the amount of $15,000.00 per annum. The salary of the chairman shall be paid in equal monthly installments from the funds of Barrow County. The chairman shall be on a full-time basis and shall devote himself solely to the duties of his office. (2) The members of the Board other than the chairman shall be compensated in the amount of $200.00 per month, to be paid from the funds of Barrow County, and shall devote the time necessary in assisting the chairman. (3) The chairman and each other member of the Board may receive an expense allowance of $25.00 per day for each day spent in the execution of their official duties. The expense allowance may be payable for not more than six days in each calendar month and shall not be payable with respect to the one day in each month upon which a session of the Board is required to be held pursuant to Section 13 of this Act. The allowance authorized by this paragraph may be payable monthly upon presentation of a written statement by the member seeking the allowance of the number of days for which the allowance is claimed and the official duties performed by the member on each such day. The statements required pursuant to this paragraph shall be kept on file with the Board for not less than four years and shall be available for public inspection at all reasonable times. (4) The chairman and members of the Board of Commissioners shall be reimbursed from the funds of Barrow County for the necessary and actual expenses in the execution of their official duties and not reimbursed pursuant to paragraph (3) of this subsection. Section 2. This Act shall become effective on the first 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 3712

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act recreating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. Laws 1976, p. 4033), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4232), so as to change provisions relating to expense allowances of members of the board of commissioners; and for other purposes. This 19th day of December, 1980. /s/ Anne J. Segars Chairman, Board of Commissioners of Barrow County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Russell who, on oath, deposes and says that he/she is Representative from the 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News which is the official organ of Barrow County, on the following dates: December 23, 30, 1980 and January 7, 1981. /s/ John D. Russell Representative, 64th District

Page 3713

Sworn to and subscribed before me, this 29th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF AUGUSTAELECTIONS. No. 270 (House Bill No. 564). 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), March 4, 1964 (Ga. Laws 1964, p. 2403), and March 25, 1980 (Ga. Laws 1980, p. 3863), so as to reinstate a system whereby council members shall be elected by a plurality of the votes cast; to provide for a system for breaking ties in the election of councilmen; to continue the majority election of the mayor of the City of Augusta; to provide a run-off election where no candidate for mayor receives a majority of the votes cast in the general election; to provide for election of the mayor by plurality in any mayoral run-off election; 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), March 4, 1964 (Ga. Laws 1964, p. 2403), and

Page 3714

March 25, 1980 (Ga. Laws 1980, p. 3863), are hereby amended by striking from the last sentence of the section captioned Ascertainment of Election Results, which appears at Ga. Laws 1955, p. 2120, at pp. 2136 and 2137, the following: majority, said word appearing on the twenty-fifth line from the top of Ga. Laws 1955, p. 2137, as amended by Ga. Laws 1980, p. 3863, at p. 3864, and inserting in lieu thereof the following: plurality. Section 2. Said Acts are further amended by striking in its entirety the section captioned Run-off Election, which appears at Ga. Laws 1964, p. 2403, at p. 2404, as amended by Ga. Laws 1980, p. 3863, at p. 3864, and inserting in lieu thereof a new section to read as follows: Run-off Election: In the event that no person shall have received the majority of the consolidated votes cast in any election for the office of mayor, 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 office of mayor 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 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 govern 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 3715

Section 3. Said Acts are further amended by the addition of the following section, captioned Ties in Election of Council Members, to be inserted in the Acts chartering the City of Augusta, next following the section, captioned Ascertainment of Election Results, appearing at Ga. Laws 1955, p. 2120, at pp. 2136 and 2137, as amended by Ga. Laws 1980, p. 3863, at p. 3864: Ties in Election of Council Members. In an election for Council, in the event of any two or more candidates having the highest and an equal number of votes, then the members of the Council shall decide by a majority vote which of the persons having such equal number shall be councilman. 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, 1981 Session of the General Assembly of Georgia, to amend the Charter and Laws pertaining to the City Council of Augusta, Georgia, so as to rescind the 1980 Act providing for the majority election of Council members and re-instate the requirement that Council members be elected by a plurality of the votes cast. Samuel F. McGuire Attorney for the City Council of Augusta, Georgia State of Georgia County of Richmond. Personally appeared, W. S. Morris, III, who, being duly sworn deposes and says that he is the President of Southeastern Newspaper Corporation, publishers of the Augusta Herald, a daily newspaper in Augusta, Georgia, in said State and County, and that the advertisement

Page 3716

notice, of which the annexed is a true copy, was published in said paper on the following dates, to-wit: December 15, 22, 29, 1980. /s/ W. S. Morris, III Sworn to and subscribed before me, this 31st day of Dec., 1980. /s/ Marie B. Marriott Notary Public, Richmond County, Ga. (Seal). Approved April 6, 1981. CITY OF BLAKELYCHARTER AMENDED. No. 272 (House Bill No. 581). AN ACT To amend an Act incorporating the City of Blakely, approved December 18, 1900 (Ga. Laws 1900, p. 219), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2414), an Act approved March 5, 1968 (Ga. Laws 1968, p. 2112), and an Act approved March 10, 1970 (Ga. Laws 1970, p. 2311), so as to change the compensation of the mayor and councilmen; to authorize the mayor and council to establish appropriate schedules of fees for the collection of garbage and waste; to authorize the city to acquire, construct, operate, and maintain property or facilities by condemnation or otherwise, inside or outside the city limits; to authorize the city to establish and enforce rules and regulations by ordinance to preserve order, peace, and dignity on any property or facility so acquired inside or outside the corporate limits of the city; to repeal conflicting laws; and for other purposes.

Page 3717

Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Blakely, approved December 18, 1900 (Ga. Laws 1900, p. 219), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2414), an Act approved March 5, 1968 (Ga. Laws 1968, p. 2112), and an Act approved March 10, 1970 (Ga. Laws 1970, p. 2311), is hereby amended by striking Section 2 of the amendatory Act, approved March 17, 1960 (Ga. Laws 1960, p. 2414), in its entirety and inserting in lieu thereof a new Section 2 of said amendatory Act to read as follows: Section 2. The salary of the mayor of the City of Blakely is hereby increased from $100.00 per annum to $150.00 per month, and that of each of the councilmen of said city from $25.00 per annum to $100.00 per month, said increased salaries to become effective beginning with the calendar month next subsequent to that of the approval of this Act. Section 2. Said Act is further amended by striking Section 18A in its entirety and inserting in lieu thereof a new Section 18A to read as follows: Section 18A. The mayor and council are authorized to provide by municipal ordinance for the collection and disposal of garbage and waste within the corporate limits of said city. The mayor and council are further authorized to establish appropriate schedules of fees. 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: Section 22. 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.

Page 3718

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislature. Notice is hereby given that there will be introduced at the 1981 regular session of the General Assembly of Georgia, a Bill to amend an Act incorporating the City of Blakely, approved December 18, 1900 (Ga. Laws 1900, page 219), as amended; and for other purposes. This 15th day of January, 1981. /s/ C. H. Jacob, Jr. Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom who, on oath, deposes and says that he/she is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: January 15, 22, 29, 1981. /s/ Ralph J. Balkcom Representative, 140th District

Page 3719

Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. WALKER COUNTYCORONER'S COMPENSATION. No. 273 (House Bill No. 586). AN ACT To amend an Act placing the coroner of Walker County upon a monthly salary, approved March 29, 1965 (Ga. Laws 1965, p. 2710), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3271), so as to provide for a mileage allowance for the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Walker County upon a monthly salary, approved March 29, 1965 (Ga. Laws 1965, p. 2710), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3271), is hereby amended by adding at the end of Section 1 the following: The Coroner shall also receive a mileage allowance of 20 per mile when traveling by personal motor vehicle in the performance of his duties.,

Page 3720

so that when so amended Section 1 shall read as follows: Section 1. The Coroner of Walker County is hereby placed upon a salary of $300.00 per month in lieu of the fee system of compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed the Coroner of Walker County for his services as such. The Coroner shall also receive a mileage allowance of 20 per mile when traveling by personal motor vehicle in the performance of his duties. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill relative to a mileage allowance for the Coroner of Walker County; and for other purposes. This 7th day of January, 1981. Wayne Snow, Jr. Representative, 1st District 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

Page 3721

Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 14, 21 and 28, 1981. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. WALKER COUNTYCOMPENSATION OF PERSONNEL IN TAX COMMISSIONER'S OFFICE. No. 274 (House Bill No. 587). AN ACT To amend an Act creating the office of Tax Commissioner of Walker County, approved January 27, 1964 (Ga. Laws 1964, p. 2018), as amended, so as to change the maximum compensation of personel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3722

Section 1. An Act creating the office of Tax Commissioner of Walker County, approved January 27, 1964 (Ga. Laws 1964, p. 2018), as amended, is hereby amended by striking from subsection (a) of Section 5 the figure: $45,000.00, and inserting in lieu thereof the figure: $50,000.00, so that when so amended said subsection shall read as follows: (a) The Tax Commissioner shall have authority to appoint his deputies, clerks, assistants and other personnel. Said Tax Commissioner shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants or other personnel appointed by said official shall not exceed the total sum of $50,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly. Said salaries shall be paid from the special fund created by Section 2A of this Act. If said special fund has insufficient funds with which to pay all of said salaries, the special fund shall first be extinguished for said purposes and the remainder of said salaries shall be paid from the general funds of the county. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia a bill to amend an Act creating the office of Tax Commissioner of Walker County, approved January 27, 1964 (Georgia Laws 1964, page 2018), as amended; and for other purposes.

Page 3723

This 16th day of January, 1981. 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 the official organ of Walker County, on the following dates: January 21, 28 and February 4, 1981. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 3724

WALKER COUNTYCOMPENSATION OF PERSONNEL IN OFFICE OF CLERK OF SUPERIOR COURT. No. 275 (House Bill No. 588). AN ACT To amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. Laws 1964, p. 2024), as amended, 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 the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. Laws 1964, p. 2024), as amended, is hereby amended by striking from subsection (a) of Section 4 the figure: $45,000.00, and inserting in lieu thereof the figure: $50,000.00, so that when so amended said subsection (a) shall read as follows: (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, clerks, assistants and other personnel appointed by said officer shall not exceed the total sum of $50,000.00 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.

Page 3725

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Clerk of the Superior Court of Walker County on an annual salary approved January 27, 1964 (Georgia Laws 1964, page 2024), as amended; and for other purposes. This 16th day of January, 1981. 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 the official organ of Walker County, on the following dates: January 21, 28 and February 4, 1981. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 3726

CITY OF CAMILLAELECTIONS. No. 276 (House Bill No. 591). AN ACT To amend an Act creating a new charter for the City of Camilla, approved March 27, 1972 (Ga. Laws 1972, p. 2919), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3008), so as to redefine the number of electors required on a nominating petition in city elections; to eliminate the requirement of a nominating petition where no party primary is conducted; 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 Camilla, approved March 27, 1972 (Ga. Laws 1972, p. 2919), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3008), is hereby amended by striking in its entirety the second sentence in the last paragraph of Section 2-3, which reads as follows: No candidate's name shall appear on a general election ballot unless his name shall be certified as the winner of a political party primary, or unless 35% of the registered voters of the city shall petition to include the name of said candidates on the ballot., so that when so amended the last paragraph of Section 2-3 shall read as follows: In all elections held by the City of Camilla for the purpose of selecting new members to the city council, candidates must declare by number which post on the city council they are offering to fill. The candidate receiving a majority of the votes cast for each respective position shall be elected to the city council to fill that particular vacancy on the council.

Page 3727

Section 2. Said Act is further amended by striking Section 5-2 in its entirety and substituting in lieu thereof a new Section 5-2 to read as follows: Section 5-2. Qualification of candidates. Each candidate desiring to have his name placed on the ballot for an office to be filled in a city election shall file notice of candidacy in accordance with the provisions of Code Section 34A-901 and shall pay such qualification fee as may be fixed by the city council pursuant to Code Section 34A-904. A candidate not having been nominated in a party primary shall be required to accompany notice of candidacy with a nominating petition except where no party primary is conducted for the purpose of nominating candidates for the particular office sought. A nominating petition shall be signed by a number of electors of not less than 35 percent of the total number of electors eligible to vote in the last regular city 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 1981 Session of the General Assembly of Georgia a bill to amend the charter of the City of Camilla, Georgia, Ga. Laws, 1972, page 2919, as amended, so as to redefine the number of electors required on a nominating petition in city elections; to eliminate the requirement of a nominating petition where no party primary is conducted; to repeal conflicting laws; to provide an effective date, and for other purposes. This 7th day of January, 1981. Ron H. Raburn City Manager City of Camilla, Georgia Frank S. Twitty, Jr. City Attorney

Page 3728

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 of Intention to Introduce Local Legislation was published in the said Camilla Enterprise, once a week for three weeks, to-wit: January 9, 16, and 23, 1981. /s/ B. T. Burson Sworn to and subscribed before me, this 23rd day of January, 1981. /s/ Adayna B. Broome Notary Public. My Commission Expires June 4, 1982. (Seal). Approved April 6, 1981. MITCHELL COUNTYFEES RECEIVED BY JUDGE OF PROBATE COURT. No. 277 (House Bill No. 592). AN ACT To amend an Act placing the Judge of the Probate Court of Mitchell County, Georgia, on an annual salary, approved March 26,

Page 3729

1980 (Ga. laws 1980, p. 4088), so as to require all fees and other compensation received by the Judge of the Probate Court of Mitchell County, Georgia, as custodian of vital records and issuing certified copies of such records shall not be retained by her but shall be paid over into the county treasury; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Mitchell County, Georgia, on an annual salary, approved March 26, 1980 (Ga. Laws 1980, p. 4088), is hereby amended by striking from Section 3 thereof the following: and local custodian of vital records, including issuing certified copies, so that when so amended said Section 3 shall read as follows: Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for all services in any capacity, excepting compensation as local registrar, 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.

Page 3730

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 1981 Session of the General Assembly of Georgia a bill to require that the fees and other compensation received by the Judge of Probate Court of Mitchell County, Georgia, as custodian of vital records and issuing certified copies of such records shall not be retained by her but paid over into the County Treasury, and for other purposes. This 7th day of January, 1981. Board of Commissioners of Mitchell County, Georgia Frank S. Twitty County Attorney 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 of Intention to Introduce Local Legislation was published in the said Camilla Enterprise, once a week for three weeks, to-wit: January 9, 16, and 23, 1981. /s/ B. T. Burson

Page 3731

Sworn to and subscribed before me, this 23rd day of January, 1981. /s/ Adayna B. Broome Notary Public. My Commission Expires June 4, 1982. (Seal). Approved April 6, 1981. MITCHELL COUNTYACT PLACING CORONER ON SALARY BASIS REPEALED. No. 278 (House Bill No. 593). AN ACT To repeal an Act placing the Coroner of Mitchell County, Georgia, on a salary with travel allowances in lieu of the fee system, approved March 26, 1980 (Ga. Laws 1980, p. 4290); to provide 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 Mitchell County, Georgia, on a salary with travel allowances in lieu of the fee system, approved March 26, 1980 (Ga. Laws 1980, p. 4290), is hereby repealed in its entirety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3732

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to repeal the law placing the Coroner of Mitchell County, Georgia on a salary, and for other purposes. This 7th day of January, 1981. Board of Commissioners of Mitchell County, Georgia Frank S. Twitty County Attorney 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 of Intention to Introduce Local Legislation was published in the said Camilla Enterprise, once a week for three weeks, to-wit: January 9, 16, and 23, 1981. /s/ B. T. Burson

Page 3733

Sworn to and subscribed before me, this 23rd day of January, 1981. /s/ Adayna B. Broome Notary Public. My Commission Expires June 4, 1982. (Seal). Approved April 6, 1981. LAURENS COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 279 (House Bill No. 594). AN ACT To amend an Act creating and establishing a Small Claims Court for Laurens County, approved March 2, 1979 (Ga. Laws 1979, p. 3071), as amended, particularly by an Act approved March 26, 1980 (Ga. Laws 1980, p. 4265), so as to change certain jurisdictional limits; to provide for the judge of the Superior Court to serve as judge of the Small Claims Court under certain circumstances; to change the judge's 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 and establishing a Small Claims Court for Laurens County, approved March 2, 1979 (Ga. Laws 1979, p. 3071), as amended, particularly by an Act approved March 26, 1980 (Ga. Laws 1980, p. 4265), is hereby amended by striking from Section 1 the following: $1,000.00,

Page 3734

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 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 $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, 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 Section 3 the following: judge of the State Court, and inserting in lieu thereof the following: judge of the Superior Court, so that when so amended Section 3 shall read as follows: Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior 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 3. Said Act is further amended by striking from Section 5 the following: $7,500.00,

Page 3735

and inserting in lieu thereof the following: $9,000.00, so that when so amended Section 5 shall read as follows: Section 5. For his services as judge under this Act, the judge of the Small Claims Court of Laurens County shall receive as his sole compensation a salary of $9,000.00 per year. Such salary shall be payable in equal monthly installments from the funds of Laurens County. Any fee which this Act provides such judge for such services shall be paid into the county treasury. Section 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. Legal Ad. Notice is hereby given that there will be introduced in the 1981 regular session of the General Assembly of Georgia, a bill to amend the Act creating the Small Claims Court of Laurens County, by raising the jurisdictional limit, altering the compensation of certain court officials, to provide an effective date, and for other purposes. Leon Green County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland who, on oath, deposes and says that he/she is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier Herald which is the official

Page 3736

organ of Laurens County, on the following dates: January 24, 31, and February 7, 1981. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY AMENDED. No. 280 (House Bill No. 606). AN ACT To amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. Laws 1971, p. 3459), as amended, so as to enlarge the Downtown Marietta District; to provide 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 Downtown Marietta Development Authority, approved April 10, 1971 (Ga. Laws 1971, p. 3459), as amended, is hereby amended by adding at the end of Section 3 the following:

Page 3737

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 more particularly described as follows: Beginning at the land lot corner of Land Lots 1290, 1291, 1230 and 1231, thence south 0 8' 22 west a distance of 245.44 feet to an iron pin at the right of way of Reynolds Street; thence along said right of way of said Reynolds Street north 88 30' 05 east a distance of 71.35 feet to an iron pin; thence continuing along said right of way north 84 11' 03 east a distance of 106.75 feet to an iron pin; thence north 0 26' west along the boundary of the Downtown Marietta District and other property a distance of 115.43 feet to an iron pin; thence north 86 58' 09 west a distance of 9.35 feet to an iron pin; thence north 01 03' west a distance of 120.54 feet to an iron pin on the south right of way of Tramell Street; thence south 88 42' 51 west a distance of 164.55 feet along the right of way of said Tramell Street to an iron pin and the point of beginning. Also, all that tract or parcel of land lying and being in Land Lot 1231 of the 16th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Beginning at a right of way marker at the intersection of the northerly right of way of Crescent Circle with the westerly right of way of Powder Springs Connector, and running thence southwesterly along the boundary of the Downtown Marietta District and along the right of way of Crescent Circle and following the curvature thereof a total of 190.4 feet to a corner and property of Alice Heck; running thence northwesterly 122 feet along said property to an iron pin; running thence northerly 35.7 feet to a fence corner; running thence easterly along property of the City of Marietta on which is located the Total Activities Center 255.4 feet 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 9th day of Jan., 1981. /s/ Joe Mack Wilson Representative 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: January 9, 16, 23, 1981. /s/ Joe Mack Wilson Representative, 19th District Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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WORTH COUNTYNAMED ACTS REPEALED. RELATING TO WORTH AND OTHER NAMED COUNTIES. No. 281 (House Bill No. 631). AN ACT To repeal certain obsolete or superseded laws relating in whole or in part to Worth County; 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. The following laws, as amended, are hereby repealed in their entirety: (1) An Act to prevent the killing of Deer at certain periods of the year in the Counties of Burke and Worth, approved February 18, 1854 (Ga. Laws 1853-54, p. 336). (2) An Act to make penal the using of any poisonous substance in any of the water courses in the Counties of Thomas and Worth, for the purpose of poisoning and catching fish, approved February 7, 1854 (Ga. Laws 1853-54, p. 343). (3) An Act to reduce the Sheriff's bond of Worth, Hart and Pickens counties, approved March 5, 1856 (Ga. Laws 1855-56, p. 407). (4) An Act to consolidate the offices of Tax Receiver and Tax Collector of the county of Worth, approved March 1, 1856 (Ga. Laws 1855-56, p. 407). (5) An Act to protect the citizens of the counties of Worth, Richmond, Clinch, Berrien and Bryan from the injurious consequences of camp hunting by non-residents, approved March 4, 1856 (Ga. Laws 1855-56, p. 411).

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(6) An Act to compensate the petit Jurors of the counties of Dougherty, Lee, Worth, Calhoun and Polk, approved February 13, 1856 (Ga. Laws 1855-56, p. 493). (7) An Act to reduce the work on roads in the counties of Worth, Irwin and Wayne, approved December 15, 1857 (Ga. Laws 1857, p. 296). (8) An Act to authorize the Inferior Court of Worth county to levy an extra tax, approved December 13, 1858 (Ga. Laws 1858, p. 191). (9) An Act to prevent the pedling of Spirituous Liquors in the county of Worth, approved December 17, 1860 (Ga. Laws 1860, p. 211). (10) An Act to compensate the revisers of the jury-boxes, and their clerk, in the county of Worth, approved August 26, 1872 (Ga. Laws 1872, p. 482). (11) An Act to authorize the Ordinary of Worth county to assess and levy a tax, as soon as he deems proper, and proceed to collect the same, approved March 2, 1874 (Ga. Laws 1874, p. 328). (12) An Act to repeal all acts now of force in relation to the per diem of Grand and Petit Jurors, so far as relates to the county of Worth, approved March 2, 1874 (Ga. Laws 1874, p. 367). (13) An Act to allow the County Treasurer of Worth County to have his office at his own residence, approved February 28, 1874 (Ga. Laws 1874, p. 406). (14) An Act to protect the citizens of Worth and other counties of this State from the injurious effects of camp hunting, approved March 2, 1874 (Ga. Laws 1874, p. 406). (15) An Act to regulate the compensation of jurors in the counties of Dougherty, Worth and Baker, approved February 25, 1875 (Ga. Laws 1875, p. 94). (16) An Act to prevent fishing in the waters of Worth County with seines, traps, gill nets, or otherwise, except as hereinafter provided, approved February 17, 1876 (Ga. Laws 1876, p. 352).

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(17) An Act to regulate the pay of grand and petit jurors in the county of Worth, approved February 2, 1876 (Ga. Laws 1876, p. 383). (18) An Act to order an election to determine if the sale of intoxicating liquors, malt drinks, or intoxicating spirits of any kind shall be prohibited in the county of Worth, State of Georgia, approved September 29, 1881 (Ga. Laws 1880-81, p. 633). (19) An Act to amend an Act entitled an Act to order an election to determine if the sale of intoxicating liquors, malt drinks, or intoxicating spirits of any kind shall be prohibited in the county of Worth, State of Georgia, by adding a fifth section to said Act prescribing a penalty for the violation of the same, approved December 12, 1882 (Ga. Laws 1882-83, p. 564). (20) An Act to exempt the county of Worth from the operation of all road laws now in force, which exempts road hands from being compelled to work on roads more than three miles from their residences, approved December 12, 1882 (Ga. Laws 1882-83, p. 616). (21) An Act prohibiting seining in any waters, lakes, ponds or running streams in the county of Worth, approved October 6, 1891 (Ga. Laws 1890-91, V.II, p. 956). (22) An Act to create a school district at Doles, in the sixteenth district of Worth County, approved August 18, 1903 (Ga. Laws 1903, p. 219). (23) An Act to create a school district at Fillyaw, in the sixteenth district of Worth County, approved August 17, 1903 (Ga. Laws 1903, p. 232). (24) An Act to incorporate the Bradshaw school district in Worth County, Georgia, approved August 22, 1905 (Ga. Laws 1905, p. 436). (25) An Act to incorporate the Union school district in Worth County and define the boundaries of the same, approved August 22, 1905 (Ga. Laws 1905, p. 530). (26) An Act to regulate the butchering, dressing and otherwise preparing for market any cattle, goats or sheep in Worth county, Georgia, approved August 12, 1910 (Ga. Laws 1910, p. 310).

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(27) An Act to reduce the official bond of the Sheriff of Worth County, Georgia, from $10,000 to $5,000, approved December 14, 1938 (Ga. Laws 1937-38, p. 915). (28) An Act to provide for the election of members of the Board of Education of Worth County by the people and for the appointment of the County School Superintendent of Worth County by the Board, approved April 17, 1975 (Ga. Laws 1975, p. 4202). Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to repeal certain obsolete or superseded laws relating in whole or in part to Worth County; and for other purposes. This 6th day of January, 1981. Earleen Sizemore Representative, 136th District

Page 3743

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 Sylvester Local which is the official organ of Worth County, on the following dates: January 6, 13, 20, 1981. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 12th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. TURNER COUNTYNAMED ACTS REPEALED. No. 282 (House Bill No. 642). AN ACT To repeal certain obsolete or superseded laws relating in whole or in part to Turner County; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

Page 3744

Be it enacted by the General Assembly of Georgia: Section 1. The following laws, as amended, are hereby repealed in their entirety: (1) An Act to fix the compensation of the ordinary of Turner County for attending to matters pertaining to roads and revenues in said county, approved August 18, 1906 (Ga. Laws 1906, p. 459). (2) An Act to create a board of commissioners of roads and revenues for Turner County, approved August 14, 1908 (Ga. Laws 1908, p. 353). (3) An Act to provide a vice chairman of the board of commissioners of roads and revenues for Turner County, approved August 11, 1909 (Ga. Laws 1909, p. 470). (4) An Act to extend the terms of the members of the board of commissioners of roads and revenues for Turner County, approved August 15, 1910 (Ga. Laws 1910, p. 304). (5) An Act to regulate the killing of cattle, hogs, sheep, goats in the county of Turner, and to require people who butcher said animals, to register all marks and brands of all such that are killed or offered for sale in said county, approved August 17, 1911 (Ga. Laws 1911, p. 506). (6) An Act authorizing the County Authorities of Turner County to pay the Clerk and Sheriff of the Superior Court of said County, and the Clerk and Sheriff of the City Court of Ashburn their costs in criminal cases in which the defendant is sent to the chain-gang of said County, approved August 1, 1921 (Ga. Laws 1921, p. 576). (7) An Act to create a Board of Commissioners of Roads and Revenues for the County of Turner, State of Georgia, approved August 14, 1925 (Ga. Laws 1925, p. 768). (8) An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended, so as to provide for two (2) additional members to the board of county commissioners, approved March 9, 1959 (Ga. Laws 1959, p. 2574).

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(9) An Act to create a one member commissioner of roads and revenues for Turner County, Georgia, approved March 22, 1963 (Ga. Laws 1963, p. 2471). Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to repeal certain obsolete or superseded laws relating in whole or in part to Turner County; and for other purposes. This 8th day of January, 1981. Earleen Sizemore, 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 3746

Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County, on the following dates: January 8, 15, 22, 1981. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 12th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. TOWN OF RESACANEW CHARTER. No. 283 (House Bill No. 659). AN ACT To incorporate the Town of Resaca in the County of Gordon and provide a charter therefor; to provide for the corporate powers of said Town; to provide for the governing authority; to provide for the administrative affairs of said Town; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said Town; to provide for certain general provisions; to provide for other matters relative to the foregoing; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the Town of Resaca. The Town of Resaca, Georgia, in the County of Gordon and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of the Mayor and Town Council of Resaca, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.11. Corporate Boundaries. (a) The boundaries of the Town of Resaca shall extend a distance of three quarters of one mile in every direction from the present intersection of U. S. Highway 41 with Georgia State Highway 136 with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the Town of Resaca, at all times, shall be shown on a map to be retained permanently in the office of Town Clerk and to be designated: Town of Resaca, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the directions of the Mayor. Photographic or other copies of such map certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (b) The Town Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Examples of Powers. The corporate powers of this Town may include but shall not be limited to the following: (1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law;

Page 3748

(3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any Town taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the Town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the Town; (5) Municipal Debts. To appropriate and borrow money for the payment of debts of the Town and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (6) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the Town; (7) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the Town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (8) Condemnation. To condemn property, inside 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 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 Town; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the Town; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia of 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the

Page 3750

like as the Town Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the Town and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the Town; (21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;

Page 3751

(23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the Town from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the Town and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences. To provide that persons given jail sentences in the Town's court may work out such sentence in any public works or on the streets, roads, drains and squares in the Town; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane disposal,

Page 3752

when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the Town; (31) Taxicabs. To regulate and license vehicles operated for hire in the Town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the Town; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) Town Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the Town, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the Town, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the Town;

Page 3753

(39) Urban Redevelopment. To organize and operate an urban redevelopment program; (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the Town and to provide for the enforcement of such standards; (42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the Town and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the Town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this Town shall be composed of a Mayor and four Councilmen who shall be elected in the manner provided by Article V of this charter.

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Section 2.11. Terms and Qualification of Office. Except for certain initial terms, the members of the Town Council shall serve for terms of four years and until the election and qualification of their respective successors. The Mayor shall serve for a term of two years and until the election and qualification of a successor. No person shall be eligible to serve as Mayor or Councilman unless such person shall have been a resident of the area comprising the corporate limits of the Town of Resaca for a period of one year immediately prior to the date of the election of Mayor or member of the Council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the Town. Section 2.12. Vacancy; Filling of; Forfeiture of Office. (a) The office of Mayor or Councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) A vacancy in the office of Mayor or Councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. (c) The Mayor or any Councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. Section 2.13. Compensation and Expenses. The salaries of the Mayor and Council of the Town shall be fixed by said Mayor and Council at the first regularly scheduled meeting in the month following the Town's regular election except as otherwise limited by the general laws of the State of Georgia and shall not exceed $50.00 a month for the Mayor and $10.00 a month for each Councilman. The Mayor and Councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.

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Section 2.14. Prohibitions. Except as authorized by law, no member of the Council shall hold any other elective Town office or Town employment during the term for which he was elected. Section 2.15. Code of Ethics. The Council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this Town. Section 2.16. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the Town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be punished as provided by ordinance. Section 2.17. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this charter, the Council shall be vested with all the powers of government of this Town as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this Town. The Council may enforce such ordinances by imposing penalties for the violation thereof. (c) The Council may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments of the Town and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. Section 2.18. Chief Executive Officer. The Mayor shall be the chief executive of this Town. He shall possess all of the executive and administrative powers granted to the Town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

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Section 2.19. Powers and Duties of Mayor. As the chief executive of this Town, the Mayor: (a) shall see that all laws and ordinances of the Town are faithfully executed; (b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council; (c) may appoint and remove all officers, department heads, and employees of the Town by and with the consent of Council as otherwise provided for in this charter; (d) shall exercise supervision over all executive and administrative work of the Town and provide for the coordination of administrative activities; (e) may prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (f) may submit to the Council at least once a year a statement covering the financial conditions of the Town and from time to time, such other information as the Council may request; (g) shall recommend to the Council such measures relative to the affairs of the Town, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (h) shall call special meetings of the Council as provided in Section 2.23(b); (i) shall approve or disapprove ordinances as provided in Section 2.20; (j) may examine and audit all accounts of the Town; (k) may require any department or agency of the Town to submit written reports whenever he deems it expedient; (l) shall perform other duties as may be required by general State law, this charter or ordinance.

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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. Section 2.22. Organization Meeting. (a) The Mayor and Council initially elected under this charter shall meet for organization on the second Tuesday in May, 1981, and biennially thereafter. The initial meeting shall be called to order by the presiding judge of the Superior Court of Gordon County who shall also administer the following oath to those newly elected Mayor and Council members:

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I do solemnly swear that I will well and truly perform the duties of (Mayor or Councilman as the case may be) of this Town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (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, who shall serve for a term of office of two years and until the election and qualification of a successor. (c) All organizational meetings after the initial one shall be called to order by the Town Clerk, who shall also administer the oath of office provided in this Section to the newly elected members. 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 and notice to the public of special meetings shall be made as fully as is reasonably possible forty-eight hours prior to such meetings. Section 2.24. Rules of Procedure. The Council shall adopt its rules of procedure and order of business consistent with the provisions

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of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. Section 2.25. Quorum, Voting. Three Councilmen shall constitute a quorum and shall be authorized to transact business of the Council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the Council shall have the right to request a roll-call vote. The affirmative vote of a majority of the Council shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.26. Action Requiring an Ordinance. Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the Town of Resaca hereby ordains... and every ordinance shall so begin. Section 2.27. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the Council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of a majority of the Council shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty days following the date upon which it was adopted but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.

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Section 2.28. Codes of Technical Regulations. (a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.26(b) of this charter for assuring public access to the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Town Clerk pursuant to Section 2.29 of this charter. (b) Copies of any adopted code of technical regulations may be made available by the Town Clerk for distribution or for purchase at a reasonable price. Section 2.29. Signing, Authenticating, Recording; Codifying, Printing. (a) The Town Clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Council shall provide for the preparation of a general codification of all the ordinances of the Town. The general codification shall be adopted by the Council by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as The Code of the Town of Resaca, Georgia. Copies of the Code may be furnished to all officers, departments, and agencies of the Town and made available for purchase by the public at a reasonable price as fixed by the Council. (c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this Town and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and

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

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(b) All members of boards, commissions and authorities of the Town shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any vacancy on a board, commission or authority of the Town shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law. (e) No member of a board, commission or authority shall assume office until he has executed and filed with the Clerk of the Town an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the Town shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the Town. Each board, commission or authority of the Town government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the Town or general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the Town. Section 3.12. Town Attorney. The Council may appoint a Town Attorney, together with such assistant Town Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the Town. The Town Attorney shall be responsible for representing and defending the Town in all litigation in which the Town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and

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employees of the Town concerning legal aspects of the Town's affairs; and shall perform such other duties as may be required of him by virtue of his position as Town Attorney. Section 3.13. Town Clerk. The Council may appoint a Town Clerk to keep a journal of the proceedings of the Town Council and to maintain in a safe place all records and documents pertaining to the affairs of the Town and to perform such other duties as may be required by law or as the Council may direct. Section 3.14. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the Town subject to the provisions of this charter and the ordinances of the Town, and the Tax Collector shall diligently comply with and endorce all general laws of the State of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.15. Town Accountant. The Council may appoint a Town Accountant to perform the duties of an accountant. Section 3.16. Consolidation of Functions. The Council may consolidate any two or more of the positions of Town Clerk, Town Tax Collector and Town Accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation of Recorder's Court. There is hereby established a court to be known as the Recorder's Court of the Town which shall have jurisdiction and authority to try offenses against the laws and ordinances of the Town and to punish for a violation of the same. Section 4.11. Mayor to be Judge of Recorder's Court. (a) The Recorder's Court shall be presided over by the Mayor and such part-time, full-time or stand-by Associate Judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as an Associate Judge of the Recorder's Court unless he shall have attained the age of 21 years and be a resident of the same judicial circuit as the

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Recorder's Court is located in. All Associate Judges shall be appointed by Council. (c) Compensation of the Judges shall be determined by a majority of the Council who may also remove for cause such Judge or Judges by an affirmative vote of four members of the Council. (d) Before entering on duties of his office, each Judge shall take an oath given as provided by ordinance, that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality which shall be entered upon Council minutes. Section 4.12. Convening. The Recorder's Court shall be convened at regular intervals as designated by Council or at such times as deemed necessary by the Judge to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The Recorder's Court shall try and punish for crimes against the Town and for violation of its ordinances. The Recorder's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed one hundred dollars. The Recorder's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars or imprisonment for sixty days, or both. As an alternative to fine or imprisonment, the Recorder's Court may sentence any offender upon conviction to labor in a Town work gang or on the streets, sidewalks, squares or other public works for a period not exceeding sixty days. (b) The Recorder's Court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to Superior Courts for violations of State law. (c) The Recorder's Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the Judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In

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the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall on order of the Judge be forfeited to the Town or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for Town property taxes. (d) The Recorder's Court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The Recorder's Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (f) The Recorder's Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The Recorder's Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the Town granted by general State laws generally to mayor's, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Appeal. The right of appeal shall exist in all cases from the judgment of the Recorder to the Superior Court of Gordon County in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court; provided, however, that any person who fails to file his appeal to the Superior Court in either of the above cases within thirty days of the date of his conviction in the Recorder's Court shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the Council, the Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Recorder's Court; provided, however, that the Council may adopt in part or in toto the rules and regulations

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relative to the procedure of the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said Court may be filed with the Town Clerk and shall be available for public inspection upon request. ARTICLE V ELECTIONS Section 5.10. Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.11. Election of Council and Mayor. (a) On the second Tuesday in April, 1981, and on that day biennially thereafter, the general municipal election for Mayor and Council of the Town of Resaca shall be conducted as herein provided. (b) For purposes of electing members of the Council, there shall be four Council Posts designated as Council Post 1, Council Post 2, Council Post 3, and Council Post 4. Any person offering for membership on the Council shall designate at the time of qualifying for election that Council Post for which such person is offering. (c) The Mayor and Council Members initially elected to Council Post 1 and Council Post 2 shall begin their terms upon taking office as provided in Section 2.22 of this charter and shall serve for an initial term of office of two years and until the election and qualification of their respective successors. Successors to the office of Mayor shall be elected at each general municipal election, shall begin their terms upon taking office as provided in Section 2.22 of this charter, and shall serve for a term of office of two years and until the election and qualification of their respective successors. Successors to the office of Council Post 1 and Council Post 2, after the initial terms ending in 1983, shall be elected at the general municipal election immediately preceding the expiration of the term of office of Council Post 1 and Council Post 2, shall begin their terms upon taking office as provided in Section 2.22 of this charter, and shall serve for terms of office of four years and until the election and qualification of their respective successors. (d) The Council Members initially elected to Council Post 3 and Council Post 4 shall begin their terms upon taking office as provided

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in Section 2.22 of this charter and shall serve for an initial term of office of four years and until the election and qualification of their respective successors. Successors to the office of Council Post 3 and Council Post 4, after the initial term ending in 1985, shall be elected at the general municipal election immediately preceding the expiration of the term of office of Council Post 3 and Council Post 4, shall begin their terms upon taking office as provided in Section 2.22 of this charter, and shall serve for terms of office of four years and until the election and qualification of their respective successors. Section 5.12. Special Elections; Vacancies. In the event that the office of Mayor or Council member shall become vacant for any cause whatsoever, the remaining members of the Mayor and Council shall appoint a successor to fill the balance of the unexpired term of such office. Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for Town offices and all names of candidates for Town offices shall be listed without party labels. 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

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(f) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.16. Procedure for Removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the Council to the Superior Court of Gordon County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court. (b) By information filed in the Superior Court of Gordon County as provided by law. ARTICLE VI FINANCE Section 6.10. Property Tax. The Council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the Town that is subject to such taxation by the State and County. This tax is for the purpose of raising revenues to defray the costs of operating the Town government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion. Section 6.11. Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the Town property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to

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equal the total amount approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the Town. Section 6.12. Occupation and Business Taxes. The Council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the Town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the Town to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.13. License, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this Town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the Town and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude Town regulation. Such fees may reflect the total cost to the Town of regulating the activity and if unpaid shall be collected as provided in this Article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14. Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services or any other services rendered within and without the corporate limits of the Town for the total cost to the Town of providing such services. If unpaid, such charges shall be collected as provided in this Article for delinquent taxes and fees. Section 6.15. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten

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percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for County and Town property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this Article for Town property taxes. Section 6.16. Construction, Other Taxes. The Town shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the Town to govern its local affairs. Section 6.17. Collection of Delinquent Taxes and Fees. The Council, by ordinance, may provide generally for the collection of delinquent taxes, fees or other revenue due the Town by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking Town licenses for failure to pay any Town taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.18. Transfer of Executions. The Town Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the Town, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or County ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.19. General Obligation Bonds. The Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or

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the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue Bonds. Revenue bonds may be issued by the Council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-Term Notes. The Town must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.22. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the Town government, unless otherwise provided by general State or Federal law. Section 6.23. Preparation of Budgets. The Council may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.24. Additional Appropriations. The Council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.25. Capital Improvements Budget. (a) The Mayor may submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the

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inhabitants, provided that such authorization is passed by two-thirds vote of the membership of the Council. (b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the Mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the Council. Section 6.26. Independent Audit. There shall be an annual, independent audit of all Town accounts, funds and financial transactions by a Certified Public Accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or Federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.27. Contracting Procedures. No contract with the Town shall be binding on the Town unless: (1) it is in writing; (2) it is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.28. Centralized Purchasing. The Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the Town. Section 6.29. Sale of Town Property. (a) The Council may sell and convey any real or personal property owned or held by the Town for governmental or other purposes as provided by general State law, as now or later amended, by Section 69-318 of the 1933 Code of Georgia (Ga. Laws 1976, p. 350). (b) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the Town has no readily ascertainable monetary value.

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(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the Town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the Town, the Council may authorize the Mayor to execute and deliver in the name of the Town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the Town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the Town, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.11. Franchises. The Council shall have the power to grant franchises for the use of the Town's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of twenty-five years and no franchise shall be granted unless the Town receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the Town Clerk in a registration book to be kept by him. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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Section 7.12. Official Bonds. The officers and employees of the Town, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Council may from time to time require by ordinance or as may be provided by State law. Section 7.13. Penalties. The violation of any provisions of this charter, except those provisions which have been amended by home rule action, for which a penalty is not specifically prescribed by this charter, is hereby declared to be a misdemeanor; and a person convicted thereof shall be punished by a fine of not more than $500.00, by imprisonment not to exceed 60 days, or both such fine and imprisonment. Section 7.14. Qualified Electors. For the purposes of the first municipal election to be held under this charter, the qualified electors of the Town of Resaca shall be those qualified electors of Gordon County residing within the area comprising the corporate limits of the Town of Resaca. At subsequent municipal elections, the qualified electors of the Town of Resaca shall be determined pursuant to the authority of Code Title 34A, the Georgia Municipal Election Code. Section 7.15. Conduct of Initial Election. Only for the purpose of holding and conducting the first municipal election of the Town of Resaca under this charter, the election superintendent of Gordon County is hereby vested with the powers and duties of the election superintendent of the Town of Resaca and the powers and duties of the governing authority of the Town of Resaca. It shall be the duty of the election superintendent of Gordon County to hold and conduct such first municipal election and to certify the result thereof to the Secretary of State. Within twelve months after the holding of such first municipal election, the Town of Resaca shall reimburse Gordon County for the expenses of such election. Section 7.16. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word Town shall mean the Town of Resaca, Georgia and its governing authority.

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(d) The word Council shall mean the Town Council of this Town. (e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.17. Severability. If any Article, Section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each Article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.18. 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 7.19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to incorporate the City of Resaca and provide for all matters relating thereto; and for other purposes. This 30th day of Dec., 1980. Ernest Ralston Representative, 7th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ernest Ralston who, on oath, deposes and says that he/she is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times and Gordon County News which is the official organ of Gordon County, on the following dates: January 7, 14, 21, 1981. /s/ Ernest Ralston Representative, 7th District Sworn to and subscribed before me, this 13th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. GARDEN CITYCITY ADMINISTRATOR. No. 284 (House Bill No. 667). AN ACT To amend an Act creating a new charter for the municipality of Garden City, approved April 17, 1973 (Ga. Laws 1973, p. 3581), as amended, so as to authorize the mayor and councilmen to delegate

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certain functions, powers, and duties to a city administrator; to provide that a city administrator shall be appointed by the mayor to serve at his pleasure; 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 municipality of Garden City, approved April 17, 1973 (Ga. Laws 1973, p. 3581), as amended, is hereby amended by adding at the end of Section 2.16 a new subsection, to be designated as subsection (d), to read as follows: (d) The council may, by ordinance or resolution, delegate or assign to a city administrator such powers, functions, and duties as are conferred upon the council by this charter and such delegation of powers may, by ordinance or resolution, be terminated, altered, or otherwise changed as the council shall deem necessary, expedient, or helpful in the conduct of the affairs of the city. Section 2. Said Act is further amended by adding at the end of subsection (b) of Section 3.12 a new paragraph (4) to read as follows: (4) The mayor may, when authorized by ordinance or resolution of the council, delegate or assign to a city administrator such powers, functions, and duties as are conferred upon the mayor by this charter and such delegation of powers may be terminated, altered, or otherwise changed as the mayor shall deem necessary, expedient, or helpful in the conduct of the affairs of the city. The city administrator as an appointed officer of the city shall be appointed by the mayor to serve at his pleasure. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation in the 1981 Session of the General Assembly of Georgia to amend an Act creating the Charter of Garden City, Georgia, (Ga. Laws 1973, page 3581, et seq.), as amended, to provide for the extension, change and redefining of the corporate limits of the City and for other purposes.

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Charles L. Sparkman City Attorney For Garden City, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Triplett who, on oath, deposes and says that he/she is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 2, 9, 16, 1981. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

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CHATSWORTHMURRAY COUNTY WATER AND SEWERAGE AUTHORITY. No. 285 (House Bill No. 668). AN ACT To create the Chatsworth-Murray County Water and Sewerage Authority; to authorize such authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing: sources of water supply; the treatment, distribution, and sale of water to individuals, private concerns, and governmental units; the collection, treatment, and disposal of sewage waste and storm water; and any related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of office; to authorize the authority to contract with the City of Chatsworth, Murray County, and others pertaining to the water and sewerage facilities, to execute leases, and to 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 cost of such undertakings or projects; to authorize the collection and pledging 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 and to define the rights of the holders of such obligations; to provide that no debt of the City of Chatsworth or Murray County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds and other obligations of the authority exempt from taxation; to provide for the authority's power to condemn property; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for construction of this Act; to provide for intent; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. WHEREAS, the population of Murray County is steadily increasing and the matter of obtaining and distributing potable water to and providing sewerage collection, treatment, and disposal services for consumers and users, including municipal corporations, located therein is of prime importance and essential to the health and welfare of citizens within the boundaries and environs of Murray County; and

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WHEREAS, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, extension, and improvement of water supply and distribution facilities and sewerage collection, treatment, and disposal facilities throughout the county and its environs by the issuance of revenue bonds of the authority for that purpose. Be it enacted by the General Assembly of Georgia: Section 1 . Short title. This may be cited as the Chatsworth-Murray County Water and Sewerage Authority Act. Section 2 . Chatsworth-Murray County Water and Sewerage Authority. (a) There is hereby created, effective July 1, 1981, a body corporate and politic to be known as the Chatsworth-Murray County Water and Sewerage Authority. The authority shall be deemed to be 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; provided, however, that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents, or employees. (b) (1) The authority shall consist of five members whose initial appointment and terms shall be as follows: (A) One member appointed by the governing authority of the City of Chatsworth whose term shall expire June 30, 1982; (B) One member appointed by the governing authority of the County of Murray whose term shall expire June 30, 1983; (C) One member appointed by the governing authority of the City of Chatsworth whose term shall expire June 30, 1984; (D) One member appointed by the governing authority of the County of Murray whose term shall expire June 30, 1985; and

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(E) One member appointed by the governing authority of the City of Chatsworth whose term shall expire June 30, 1986. (2) The initial members of the authority shall enter upon the duties of their office on July 1, 1981, and shall serve until their successors are appointed and qualified as provided in paragraph (3). Except as provided in paragraph (1), the members of the authority shall serve for a term of five years and until their successors are appointed and qualified as provided in paragraph (3). (3) (A) Vacancies which occur due to the expiration of a regular term of office shall be filled by the remaining members of the authority who shall select one individual from a list of three names submitted by the governing authority of the City of Chatsworth or the County of Murray. The successor of the member whose term expires June 30, 1982, shall be selected from a list submitted by the governing authority of the County of Murray. Thereafter, the city and the county shall alternate in submitting the list from which the member shall be selected. (B) Vacancies which occur for any reason other than the expiration of a regular term of office shall be filled by the remaining members of the authority who shall select one individual from a list of three names submitted by the governing authority who submitted the list from which that individual was originally selected. The member selected shall serve for the remainder of the term and until his successor is appointed and qualified. (c) Effective July 1, 1981, the members of the authority shall enter upon their duties and as soon as is practicable thereafter they shall hold an organizational meeting. The members shall elect a secretary and treasurer, who need not be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall not be entitled to any compensation for their services but 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.

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Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings: (1) Authority shall mean the Chatsworth-Murray County Water and Sewerage Authority created by Section 2 of this Act. (2) Cost of the project shall mean 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, the cost of engineering, architectural, fiscal, and legal expenses; and the cost 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 the project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. 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 issued under the provisions of this Act for such project. (3) Project shall mean and include the acquisition and construction of systems, plants, works, instrumentalities, and properties: (A) used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, and sale of water for public and private uses; (B) used or useful in connection with the collection, treatment, and disposal of sewerage, waste, and storm water; together with all parts of any such system, plant, work, instrumentality, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, trunk connecting and other sewers and watermains, filtration works, pumping stations, and equipment.

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(4) Revenue bonds and bonds shall mean revenue bonds authorized to be issued pursuant to this Act. Revenue bonds may be issued by the authority as authorized herein without any other actions or proceedings. (5) Self-liquidating project shall mean any project in which, 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, together with any grants, will be sufficient both to pay the cost of operating, maintaining, 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 4. Powers. The authority shall have powers; (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, gift, 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; 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. 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. No property shall be acquired under the 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 is deposited in trust to pay and redeem the fair value of such lien or incumbrance;

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(4) To enter into an agreement with the City of Chatsworth or Murray County or both with respect to acquiring a source of water supply; providing sewerage service; preparing engineering data, plans, and specifications for the water and sewerage system; extending watermains; apportioning the costs of constructing, extending, and maintaining a water or sewerage system or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services furnished to users of the said system; providing for the reading of meters and keeping of pertinent records; apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system; providing for the ownership of the various facilities constructed or acquired; and providing for such other matters or contingencies as might be necessary or desirable in order to secure for the City of Chatsworth, Murray County, and the residents thereof a satisfactory and reliable water and sewerage system at the most reasonable cost possible. (5) 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. (6) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and 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 and sewerage service and facilities, or either of them, by the authority to such municipal corporations and counties and by such municipal corporations and counties to the authority for a term not exceeding 50 years. As to any political subdivision, department, institution, or agency of this state which shall enter into an agreement under the authority granted herein or in paragraph (4) above, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged.

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(7) 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 is 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 or from the State of Georgia or any agency, instrumentality, or political subdivision thereof; (8) To make loans with, and accept 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; (9) To make loans with, and accept grants of money, materials, or property of any kind from, the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose; (10) To borrow money for any of its corporate purposes; 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; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, providing no such power is in conflict with the Constitution or general laws of this state; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Financing projects. 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 borrow money for the purpose of paying all or any part of the cost, as herein defined, of any one or more projects and to provide by resolution for issuance of negotiable revenue bonds for that purpose.

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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 mature at such time or times not exceeding 30 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. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of the bonds. Any bonds issued by the authority shall be exempt from all laws of the state governing usury or prescribing or limiting interest rates to be borne by bonds. Section 6. Revenue bond; 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 and 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 registration, conversion, and exchangeability privileges and rights of redemption. The bonds may contain such other terms, covenants, assignments, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Section 7. Same; signatures; seals. All such bonds shall bear the manual or facsimile signature of the chairman of the authority, the attesting manual or facsimile signature of the secretary of the authority, and the official seal of the authority. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signature of the chairman or the secretary of the authority. Any coupon may bear the facsimile signature of such person and any bond may bear the facsimile signature of and may be manually signed, sealed, and attested on behalf of the authority by such persons who, 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

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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. 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 of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for essential public and governmental purposes and the said bonds, their transfer, and the income therefrom 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 in the best interest 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. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in any 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 any 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 used for paying the principal of and the interest on 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, which are 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 bond which shall become mutilated or be destroyed or lost.

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Section 13 . Same; 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, special, or adjourned meeting of the authority by a majority of the quorum, as in this Act provided. Section 14 . Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Chatsworth or Murray County nor a pledge of the faith and credit of the said city or county, but such bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. 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 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 within or without the state having the powers of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, 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. The resolution or trust indenture may also provide that any project shall be construed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority. Such project shall be satisfactory to the original purchasers of the bonds issued therefor. The resolution or trust indenture may also

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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; it 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 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 private 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 bond shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any 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 fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. 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 on 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

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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 any 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 any 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 any 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. Such holder and trustee 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 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 authority is further authorized to refund any revenue bonds issued by any city, county, or authority with respect to any facilities to be acquired by the authority from any such city, county, or authority. 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

Page 3791

of Murray County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as now or hereafter 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 or any other party which has contracted with the authority to furnish or receive 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 instrumentality or other party shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof shall 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, instrumentality, or other party contracting with the said Chatsworth-Murray County Water and Sewerage 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 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. 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 as proceeds from the sale of revenue bonds, as proceeds of short-term loans, as grants or other contributions, or as revenues, fees, and earnings, shall

Page 3792

be deemed to be trust funds to be held and applied solely as provided in this Act. 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 adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in Murray County and its environs, including municipalities within and without the said county and to adjoining counties; extending and improving such facilities; and doing all things deemed by the authority necessary, convenient, and desirable for an incident to the efficient and proper development and operation of such type of undertakings. Section 25. 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 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. Tax exempt status of authority. The properties of the authority, 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. Such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof. Section 27. 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.

Page 3793

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 welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 30. Limitations. This Act shall not in any way take from Murray County or any municipality located therein or in any adjoining county the authority to own, operate, and maintain water systems or issue revenue bonds as provided by law. Section 31. 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 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 1981 session of the General Assembly of Georgia, a bill to create the Chatsworth-Murray County, Water and Sewer Authority and to define the powers and duties of said authority; and for other purposes. This 22 day of December, 1980.

Page 3794

Thomas P. Ramsey III Representative, 3rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas P. Ramsey, III 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: December 24, 31, 1980 and January 8, 1981. /s/ Thomas P. Ramsey, III Representative, 3rd District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 3795

ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (13,635 - 14,765). No. 286 (House Bill No. 669). AN ACT To repeal an Act entitled An Act creating a Small Claims Court in certain counties in this State; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to repeal conflicting laws; and for other purposes., 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 30, 1977 (Ga. Laws 1977, p. 4215), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3194); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act creating a Small Claims Court in certain counties in this State; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to repeal conflicting laws; and for other purposes., 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 30, 1977 (Ga. Laws 1977, p. 4215), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3194), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Brooks County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety.

Page 3796

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. CITY OF LOUISVILLEPOLICE COURT FINES. No. 287 (House Bill No. 671). AN ACT To amend an Act creating a new charter for the City of Louisville, approved December 18, 1900 (Ga. Laws 1900, p. 305), as amended, so as to change the maximum amount of fines which may be levied by the police court of the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Louisville, approved December 18, 1900 (Ga. Laws 1900, p. 305), as amended, is hereby amended by striking from Section 25 the following: Said court shall have the power to punish offenses against the penal ordinances of said city, by the imposition of a fine not to exceed two hundred dollars,, and inserting in lieu thereof the following: Said court shall have the power to punish offenses against the penal ordinances of said city, by the imposition of a fine not to exceed $500.00,. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3797

Notice of Local Legislation. Notice is hereby given that there will be introduced in the ensuing 1981 Session of the General Assembly of Georgia a local bill to amend an Act establishing a new charter for the City of Louisville, approved December 18, 1900 (Ga. Laws 1900, p. 305, 25), as amended, so as to provide that the maximum fine which may be imposed by the Police Court in the City of Louisville shall be Five Hundred ($500.00) Dollars; to repeal conflicting laws, and for other purposes. Emory E. Bargeron State Representative of Jefferson County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/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 24, 31, 1980 and January 7, 1981. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3798

SUMTER COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 288 (House Bill No. 673). 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), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3380), so as to change the jurisdiction of the court; to provide for the deposit of costs; to change certain 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 Sumter County, approved April 4, 1979 (Ga. Laws 1979, p. 3194), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3380), is hereby amended by striking from Section 1 of said Act the following: $1,000.00, and substituting in lieu thereof the following: $1,500.00, so that when so amended Section 1 of said Act shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Sumter County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other civil court or courts now or hereafter established in said county. Said jurisdiction shall include

Page 3799

the power to issue writs of garnishment and attachment in addition to the powers herein specifically granted said court. The court shall have no jurisdiction or authority in criminal matters. Section 2. Said Act is further amended by striking subsection (a) of Section 8, which reads as follows: (a) The plaintiff, when he files his claim, shall deposit the sum of $7.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion., and substituting in lieu thereof the following: (a) The plaintiff, when he files his claim, shall deposit a sum with the court which shall cover all costs of the proceeding, except the cost of service of the notice. The sum so deposited shall be based on the amount of the claim in accordance with the following schedule: $10.00 when the amount of the claim is $500.00 or less; $15.00 when the amount of the claim exceeds $500.00 but is not more than $1,001.00; and $20.00 when the amount of the claim exceeds $1,001.00 but is not more than $1,500.00. The deposit of cost in cases of attachment, garnishment, or trover shall be $10.00 except in cases of continuing garnishments wherein the deposit of cost shall be $10.00 for each 45 day period covered. 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., and by striking from subsection (b) of Section 8 the following: 7.50,

Page 3800

and substituting in lieu thereof the following: 10.00, so that when so amended Section 8 of said Act shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit a sum with the court which shall cover all costs of the proceeding, except the cost of service of the notice. The sum so deposited shall be based on the amount of the claim in accordance with the following schedule: $10.00 when the amount of the claim is $500.00 or less; $15.00 when the amount of the claim exceeds $500.00 but is not more than $1,001.00; and $20.00 when the amount of the claim exceeds $1,001.00 but is not more than $1,500.00. The deposit of cost in cases of attachment, garnishment, or trover shall be $10.00 except in cases of continuing garnishments wherein the deposit of cost shall be $10.00 for each 45 day period covered. 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 3. Said Act is further amended by striking from Section 24 the following: $5.00, and substituting in lieu thereof the following: $9.00,

Page 3801

so that when so amended Section 24 of said Act shall read as follows: Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $9.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The commission on all judicial sales shall be $25.00. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. By direction of and pursuant to a Resolution adopted by the Board of Commissioners of Sumter County, notice is hereby given that there will be introduced in the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating the small claims court in and for Sumter County, approved April 4, 1979 (Ga. Laws 1979, p. 3194), as amended; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks 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 30, February 6, 13, 1981. /s/ George Hooks Representative, 116th District

Page 3802

Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. UPSON COUNTYSMALL CLAIMS COURT CREATED. No. 289 (House Bill No. 675). AN ACT To create and establish a Small Claims Court of Upson County; to provide for the initial judge; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judge of such Small Claims Court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in Upson County wherein such judge presides; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the services of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to prescribe the costs of court; to provide for contempts of said court and the penalty therefor; to provide for the validating of the acts of said court and the proceedings therein; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters

Page 3803

relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Upson County. Such court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in Upson County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Section 2. Any person appointed as a judge of any Small Claims Court created pursuant to the provisions of this Act must be a resident of Upson County in which such court is created, must be at least twenty-two (22) years of age and must be an attorney-at-law who has actually engaged in the practice of law for a period of at least one year. All other officers appointed to or employed by said court now or hereafter provided must be at least twenty-one (21) years of age and must be residents of Upson County in which such court is located. 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 Upson County or any judge of a city court located in Upson 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 to be compensated, if at all, from the fees herein authorized.

Page 3804

Section 5. All fees collected by the judge shall be retained by him as his sole remuneration. The judge shall be authorized to charge the fee or fees prescribed for justices of the peace by the laws of the State of Georgia in any action or proceeding when no fee is otherwise prescribed. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (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 in Upson County by any official or person authorized by law to serve process in the Superior Court or by a duly qualified bailiff of a Small Claims Court; or by registered mail or certified with receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by U. S. postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a U. S. Post Office employee or U. S. 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 above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant.

Page 3805

(e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanded same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. The plaintiff, when he files his claim, shall deposit with the court an initial fee of $5.00. The plaintiff and other parties shall, thereafter, be charged the fee or fees prescribed for justices of the peace by the laws of the State of Georgia, and it shall be lawful for the judge to charge and collect the same. Section 9. (a) On the day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.

Page 3806

Section 10 . If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 11 . When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12 . The judge of such Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13 . The judge of the superior court presiding in Upson County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Section 14 . The judge of such 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 Upson County, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for

Page 3807

failure of duty or malfeasance in office as are other lawful constables of this State. Section 15 . Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Section 16 . Judgments of the Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 17 . Appeals may be had from judgments returned in a Small Claims Court, to the superior court, and the same provisions now provided for by law for appeals from probate courts to the superior court, shall be applicable to appeals from the small claims court to the superior court. Section 18 . Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court.

Page 3808

Page 3809

Section 19. All acts performed by the judge or clerk and all proceedings before the Small Claims Court of Upson County are hereby validated. Section 20. (a) The judge of the small claims court in Upson County who is serving on the effective date of this Act shall serve until the expiration of his current term of office and until his successor is appointed and qualified under subsection (b). (b) Thereafter the Grand Jury in Upson County shall appoint the judge of the small claims court for a term of four years and until his successor is appointed and qualified. Such terms shall end on the first Monday in September and the Grand Jury shall appoint each successor at the session immediately prior to the expiration of each term.

Page 3810

(c) Each judge appointed to any Small Claims Court created and established pursuant to the provisions of this Act shall be exempt from jury duty in the superior court or any other court existing or that may be created or established in Upson County. Section 21. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the Upson County Commissioners. Section 22. Such Small Claims Court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and, also designate the times when attachments and executions are returnable and, also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 23. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal Authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be.

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Section 24. The judge of a Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the Upson County treasury or depository for county purposes. Section 25. The fee of bailiff for the execution of a fi fa shall be four dollars, 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 per cent (5%) on all sums over that amount, with a minimum of three ($3.00) dollars. Section 26. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Upson County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Upson County which is created by this Act. Section 27. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Upson County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Upson County as created by an Act approved April 12, 1963 (Ga. Laws 1963, p. 3501), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 28. 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. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act creating and establishing a Small Claims Court in each county in this State having a population of not less than 23,500 and not more than 24,100 according to the last United States Census

Page 3812

of 1960 or any future such census; to prescribe the jurisdiction of said courts; to prescribe the pleading and practice in said courts; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judges of such Small Claims Courts; to provide that the judges of said courts shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in the county wherein such judge presides; to provide for clerks of and for said courts and for their duties and compensation; to provide for one or more bailiffs of and for said courts and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the services of processes of said courts; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to prescribe the costs of court; to provide for the furnishing of certain law books to said courts; to provide for contempts of said courts and the penalty therefor; to provide for the validating of the acts of said courts and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.', approved April 12, 1963 (Ga. Laws 1963, p. 3501), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2638); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 30. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Upson County; to provide for other matters relative thereto; and for other purposes. This the 14 day of Jan., 1981. Marvin Adams

Page 3813

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 28, February 7, 11, 1981. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3814

UPSON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 290 (House Bill No. 676). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County, approved February 4, 1964 (Ga. Laws 1964, p. 2062), so as to change the mode of compensation for said office; to provide an annual salary for said office; to provide for the disposition of fees from said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County, approved February 4, 1964 (Ga. Laws 1964, p. 2062), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The tax commissioner of Upson County shall receive a base salary of $23,000.00 per year, payable in equal monthly installments from the funds of Upson County. The said salary shall be increased by 2 1/2 percent of the base salary for each year of service in office by said officer after December 31, 1980. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and including those commissions allowed by Code Section 91A-1370, relating to commissions on taxes collected in excess of a certain percentage of taxes due according to the tax net digest, as now or hereafter amended; provided, however, that the tax commissioner shall be entitled to the compensation authorized by Section 15 of an Act consolidating and combining the board of tax assessors of the City of Thomaston and the County of Upson, approved March 12, 1970 (Ga. Laws 1970, p. 2487), as now or hereafter amended.

Page 3815

Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County, approved February 4, 1964 (Ga. Laws 1964, p. 2062); and for other purposes. This 14 day of January, 1981. Marvin Adams Representative, 79th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following dates: January 28, February 4, 11, 1981. /s/ Marvin Adams Representative, 79th District

Page 3816

Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. STATE COURT OF CARROLL COUNTYJUDGE'S COMPENSATION. No. 291 (House Bill No. 679). AN ACT To amend an Act creating the State Court of Carroll County, approved December 21, 1897 (Ga. Laws 1897, p. 438), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3516), 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 creating the State Court of Carroll County, approved December 21, 1897 (Ga. Laws 1897, p. 438), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3516), is hereby amended by striking subsection (b) of Section 4, which reads as follows: (b) The judge of said court shall receive a salary to be paid monthly out of the treasury of said county. This salary shall be in the following amount: for 1978, $1420 per month; effective January 1, 1979, $17,600 per annum; effective January 1, 1980, $18,200 per annum.,

Page 3817

and inserting in its place a new subsection to read as follows: (b) The judge of the court shall receive an annual salary of $20,000.00, payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1981 session of the General Assembly of Georgia a bill to amend the Act creating a City Court of Carrollton now known as the State Court of Carroll County, as amended, so as to change the compensation of the judge of said court and for other purposes. This 23rd day of December 1980. /s/ Gerald L. Johnson /s/ Charles W. Thomas, Jr. /s/ Wayne Garner Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Thomas who, on oath, deposes and says that he/she is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 1, 8, 15, 1981. /s/ Charles Thomas Representative, 66th District

Page 3818

Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. GWINNETT COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDED. No. 292 (House Bill No. 680). AN ACT To amend an Act known as the Gwinnett County Water and Sewerage Authority Act, approved March 13, 1970 (Ga. Laws 1970, p. 2827), as amended, so as to provide for certain audit requirements; to provide requirements as to meetings of the authority; to provide additional procedures for filling of vacancies on the authority and for appointment of successors to the members of the authority whose terms expire; to provide for qualifications of members of the 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 known as the Gwinnett County Water and Sewerage Authority Act, approved March 13, 1970 (Ga. Laws 1970,

Page 3819

p. 2827), as amended, is hereby amended by adding after Section 2 thereof a new Section 2A to read as follows: Section 2A. Financial and meeting information and applications for appointment. (a) The authority shall have conducted an annual audit of the financial affairs, books, and records of the authority. The audit shall be completed and submitted to the authority not later than 90 days after the end of each fiscal year. The authority shall obtain either a certified public accountant or a firm of such accountants to make the audit required herein in accordance with generally accepted auditing standards. All audits provided for herein shall result in submission of the certified public accountants' opinion on the financial statements which shall include, but in no way be limited to, a balance sheet and a statement of operations or statement of income or loss, and a statement of receipts and disbursements or statement of changes in financial position. Such audit shall also include a list of all written contracts entered into by the authority during the period covered by the audit which call for the authority to expend at any time in the aggregate more than $30,000.00. Such list shall also include any employment or consultant contracts, whether or not written, under which the employee or consultant, including but not limited to accountants, engineers, and attorneys, is to be compensated at an annual rate of more than $10,000.00, including direct and indirect or deferred benefits. A copy of such audit, except the listing of contracts, shall be published in the official organ of Gwinnett County within ten days after the final report and audit is submitted to the authority. The complete audit, including but not limited to the listing of contracts, shall be filed in the office of the Clerk of the Superior Court of Gwinnett County and be available there for public inspection at all times during regular business hours. (b) The authority shall establish the date, time, and place for all regular meetings, notice of which shall be published in the official organ of Gwinnett County. No action taken at such regular meetings shall be effective unless such meeting was held in conformity with such notice. The authority shall post a notice of the date, time, and place of all called meetings. Such notice shall be posted at the door of the Gwinnett County Courthouse at least 12 hours prior to such called meeting. No action taken at such called meeting shall be effective unless such notice was posted as provided and the called meeting was held in conformity with such notice.

Page 3820

(c) The authority shall advertise in the legal organ of Gwinnett County for at least once a week for the three weeks immediately preceding the week in which expires the term of office of any member of the authority, the name of the member whose term will expire and the date such term expires. The authority shall advertise in the legal organ of Gwinnett County for at least once a week for two weeks immediately following the week in which occurs a vacancy on the authority, the name of the member who has vacated his position on the authority and the date such vacancy occurred. No person may be appointed to fill a vacancy in office on the board or to fill a new term of office on the board until the advertisement has been published as required herein. The authority shall establish procedures for taking applications from any person wishing to become a member of the authority. No person shall serve or be eligible to serve as a member of the authority unless such person is a resident of Gwinnett County and has applied for appointment as a member pursuant to the application procedures established by the authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett County Water Sewerage Authority, approved March 13, 1970 (Ga. Laws 1970, p. 2827), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 5815); and for other purposes. This 13 day of January, 1981. /s/ R. T. Phillips Representative, 59th District

Page 3821

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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. GWINNETT COUNTYAIRPORT AUTHORITY ACT AMENDED. No. 293 (House Bill No. 681). AN ACT To amend an Act creating and establishing an airport authority for Gwinnett County, approved April 10, 1971 (Ga. Laws 1971, p.

Page 3822

3668), as amended, so as to provide for certain audit requirements; to provide requirements as to meetings of the authority; to provide additional procedures for filling of vacancies on the authority and for appointment of successors to the members of the authority whose terms expire; to provide for qualifications of members of the 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 and establishing an airport authority for Gwinnett County, approved April 10, 1971 (Ga. Laws 1971, p. 3668), as amended, is hereby amended by adding between Sections 29 and 30 thereof a new Section 29.1 to read as follows: Section 29.1. Financial and meeting information and applications for appointment. (a) The authority shall have conducted an annual audit of the financial affairs, books, and records of the authority. The audit shall be completed and submitted to the authority not later than 90 days after the end of each fiscal year. The authority shall obtain either a certified public accountant or a firm of such accountants to make the audit required herein in accordance with generally accepted auditing standards. All audits provided for herein shall result in submission of the certified public accountants' opinion on the financial statements which shall include, but in no way be limited to, a balance sheet and a statement of operations or statement of income or loss, and a statement of receipts and disbursements or statement of changes in financial position. Such audit shall also include a list of all written contracts entered into by the authority during the period covered by the audit which call for the authority to expend at any time in the aggregate more than $30,000.00. Such list shall also include any employment or consultant contracts, whether or not written, under which the employee or consultant, including but not limited to accountants, engineers, and attorneys, is to be compensated at an annual rate of more than $10,000.00, including direct and indirect or deferred benefits. A copy of such audit, except the listing of contracts, shall be published in the official organ of Gwinnett County within ten days after the final report and audit is submitted to the authority. The complete audit, including but not limited to the listing of contracts, shall be filed in the office of the Clerk of the Superior Court of Gwinnett County and be available there for public inspection at all times during regular business hours.

Page 3823

(b) The authority shall establish the date, time, and place for all regular meetings, notice of which shall be published in the official organ of Gwinnett County. No action taken at such regular meetings shall be effective unless such meeting was held in conformity with such notice. The authority shall post a notice of the date, time, and place of all called meetings. Such notice shall be posted at the door of the Gwinnett County Courthouse at least 12 hours prior to such called meeting. No action taken at such called meeting shall be effective unless such notice was posted as provided and the called meeting was held in conformity with such notice. (c) The authority shall advertise in the legal organ of Gwinnett County for at least once a week for the three weeks immediately preceding the week in which expires the term of office of any member of the authority, the name of the member whose term will expire and the date such term expires. The authority shall advertise in the legal organ of Gwinnett County for at least once a week for two weeks immediately following the week in which occurs a vacancy on the authority, the name of the member who has vacated his position on the authority and the date such vacancy occurred. No person may be appointed to fill a vacancy in office on the board or to fill a new term of office on the board until the advertisement has been published as required herein. The authority shall establish procedures for taking applications from any person wishing to become a member of the authority. No person shall serve or be eligible to serve as a member of the authority unless such person is a resident of Gwinnett County and has applied for appointment as a member pursuant to the application procedures established by the authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating and establishing an airport authority for Gwinnett County, approved April 10, 1971 (Ga. Laws 1971, p. 3668), as amended; and for other purposes.

Page 3824

This 13 day of January, 1981. /s/ R. T. Phillips Representative, 59th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips who, on oath, deposes and says that he/she is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3825

GWINNETT COUNTY PUBLIC FACILITIES AUTHORITY ACT AMENDED. No. 294 (House Bill No. 682). AN ACT To amend an Act creating the Gwinnett County Public Facilities Authority, approved April 17, 1975 (Ga. Laws 1975, p. 4463), so as to provide for certain audit requirements; to provide requirements as to meetings of the authority; to provide additional procedures for filling of vacancies on the authority and for appointment of successors to the members of the authority whose terms expire; to provide for qualifications of members of the 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 Gwinnett County Public Facilities Authority, approved April 17, 1975 (Ga. Laws 1975, p. 4463), is hereby amended by adding between Section 25 and Section 26 thereof a new Section 25.1 to read as follows: Section 25.1. Financial and meeting information and applications for appointment. (a) The authority shall have conducted an annual audit of the financial affairs, books, and records of the authority. The audit shall be completed and submitted to the authority not later than 90 days after the end of each fiscal year. The authority shall obtain either a certified public accountant or a firm of such accountants to make the audit required herein in accordance with generally accepted auditing standards. All audits provided for herein shall result in submission of the certified public accountants' opinion on the financial statements which shall include, but in no way be limited to, a balance sheet and a statement of operations or statement of income or loss, and a statement of receipts and disbursements or statement of changes in financial position. Such audit shall also include a list of all written contracts entered into by the authority during the period covered by the audit which call for the authority to expend at any time in the aggregate more than $30,000.00. Such list shall also include any employment or consultant contracts, whether or not written, under which the employee or consultant, including but not limited to accountants, engineers, and attorneys, is to be compensated at an annual rate of more than $10,000.00, including direct and

Page 3826

indirect or deferred benefits. A copy of such audit, except the listing of contracts, shall be published in the official organ of Gwinnett County within ten days after the final report and audit is submitted to the authority. The complete audit, including but not limited to the listing of contracts, shall be filed in the office of the Clerk of the Superior Court of Gwinnett County and be available there for public inspection at all times during regular business hours. (b) The authority shall establish the date, time, and place for all regular meetings, notice of which shall be published in the official organ of Gwinnett County. No action taken at such regular meetings shall be effective unless such meeting was held in conformity with such notice. The authority shall post a notice of the date, time, and place of all called meetings. Such notice shall be posted at the door of the Gwinnett County Courthouse at least 12 hours prior to such called meeting. No action taken at such called meeting shall be effective unless such notice was posted as provided and the called meeting was held in conformity with such notice. (c) The authority shall advertise in the legal organ of Gwinnett County for at least once a week for the three weeks immediately preceding the week in which expires the term of office of any member of the authority, the name of the member whose term will expire and the date such term expires. The authority shall advertise in the legal organ of Gwinnett County for at least once a week for two weeks immediately following the week in which occurs a vacancy on the authority, the name of the member who has vacated his position on the authority and the date such vacancy occurred. No person may be appointed to fill a vacancy in office on the board or to fill a new term of office on the board until the advertisement has been published as required herein. The authority shall establish procedures for taking applications from any person wishing to become a member of the authority. No person shall serve or be eligible to serve as a member of the authority unless such person is a resident of Gwinnett County and has applied for appointment as a member pursuant to the application procedures established by the authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3827

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett County Public Facilities Authority, approved April 17, 1975 (Ga. Laws 1975, p. 4463); and for other purposes. This 13 day of January, 1981. /s/ R. T. Phillips Representative, 59th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips who, on oath, deposes and says that he/she is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3828

GWINNETT COUNTY RECREATION AUTHORITY ACT AMENDED. No. 295 (House Bill No. 683). AN ACT To amend an Act creating the Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. Laws 1975, p. 3108), so as to provide for certain audit requirements; to provide requirements as to meetings of the authority; to provide additional procedures for filling of vacancies on the authority and for appointment of successors to the members of the authority whose terms expire; to provide for qualifications of members of the 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 Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. Laws 1975, p. 3108), is hereby amended by adding between Sections 25 and 26 thereof a new Section 25.1 to read as follows: Section 25.1. Financial and meeting information and applications for appointment. (a) The authority shall have conducted an annual audit of the financial affairs, books, and records of the authority. The audit shall be completed and submitted to the authority not later than 90 days after the end of each fiscal year. The authority shall obtain either a certified public accountant or a firm of such accountants to make the audit required herein in accordance with generally accepted auditing standards. All audits provided for herein shall result in submission of the certified public accountants' opinion on the financial statements which shall include, but in no way be limited to, a balance sheet and a statement of operations or statement of income or loss, and a statement of receipts and disbursements or statement of changes in financial position. Such audit shall

Page 3829

also include a list of all written contracts entered into by the authority during the period covered by the audit which call for the authority to expend at any time in the aggregate more than $30,000.00. Such list shall also include any employment or consultant contracts, whether or not written, under which the employee or consultant, including but not limited to accountants, engineers, and attorneys, is to be compensated at an annual rate of more than $10,000.00, including direct and indirect or deferred benefits. A copy of such audit, except the listing of contracts, shall be published in the official organ of Gwinnett County within ten days after the final report and audit is submitted to the authority. The complete audit, including but not limited to the listing of contracts, shall be filed in the office of the Clerk of the Superior Court of Gwinnett County and be available there for public inspection at all times during regular business hours. (b) The authority shall establish the date, time, and place for all regular meetings, notice of which shall be published in the official organ of Gwinnett County. No action taken at such regular meetings shall be effective unless such meeting was held in conformity with such notice. The authority shall post a notice of the date, time, and place of all called meetings. Such notice shall be posted at the door of the Gwinnett County Courthouse at least 12 hours prior to such called meeting. No action taken at such called meeting shall be effective unless such notice was posted as provided and the called meeting was held in conformity with such notice. (c) The authority shall advertise in the legal organ of Gwinnett County for at least once a week for the three weeks immediately preceding the week in which expires the term of office of any member of the authority, the name of the member whose term will expire and the date such term expires. The authority shall advertise in the legal organ of Gwinnett County for at least once a week for two weeks immediately following the week in which occurs a vacancy on the authority, the name of the member who has vacated his position on the authority and the date such vacancy occurred. No person may be appointed to fill a vacancy in office on the board or to fill a new term of office on the board until the advertisement has been published as required herein. The authority shall establish procedures for taking applications from any person wishing to become a member of the authority. No person shall serve or be eligible to serve as a member of the authority unless such person is a resident of Gwinnett County and has applied for appointment as a member pursuant to the application procedures established by the authority.

Page 3830

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 1981 session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. Laws 1975, p. 3108); and for other purposes. This 13 day of January, 1981. /s/ R. T. Phillips 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981. /s/ R. T. Phillips Representative, 59th District

Page 3831

Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. GWINNETT COUNTY INDUSTRIAL BUILDING AUTHORITY ACT AMENDED. No. 296 (House Bill No. 684). AN ACT To change certain provisions relating to the Gwinnett Industrial Building Authority created by an amendment to Article V, Section IX of the Georgia Constitution pursuant to Resolution Number 179 (Ga. Laws 1962, p. 927), so as to provide authority for certain amendments; to provide for certain audit requirements; to provide requirements as to meetings of the authority; to provide additional procedures for filling of vacancies on the authority and for appointment of successors to the members of the authority whose terms expire; to provide for qualifications of members of the 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. The Gwinnett Industrial Building Authority shall have conducted an annual audit of the financial affairs, books, and records of the authority. The audit shall be completed and submitted to the authority not later than 90 days after the end of each fiscal year. The authority shall obtain either a certified public accountant or a firm of such accountants to make the audit required herein in

Page 3832

accordance with generally accepted auditing standards. All audits provided for herein shall result in submission of the certified public accountants' opinion on the financial statements which shall include, but in no way be limited to, a balance sheet and a statement of operations or statement of income or loss, and a statement of receipts and disbursements or statement of changes in financial position. Such audit shall also include a list of all written contracts entered into by the authority during the period covered by the audit which call for the authority to expend at any time in the aggregate more than $30,000.00. Such list shall also include any employment or consultant contracts, whether or not written, under which the employee or consultant, including but not limited to accountants, engineers, and attorneys, is to be compensated at an annual rate of more than $10,000.00, including direct and indirect or deferred benefits. A copy of such audit, except the listing of contracts, shall be published in the official organ of Gwinnett County within ten days after the final report and audit is submitted to the authority. The complete audit, including but not limited to the listing of contracts, shall be filed in the office of the Clerk of the Superior Court of Gwinnett County and be available there for public inspection at all times during regular business hours. Section 2. The Gwinnett Industrial Building Authority shall establish the date, time, and place for all regular meetings, notice of which shall be published in the official organ of Gwinnett County. No action taken at such regular meetings shall be effective unless such meeting was held in conformity with such notice. The authority shall post a notice of the date, time, and place of all called meetings. Such notice shall be posted at the door of the Gwinnett County Courthouse at least 12 hours prior to such called meeting. No action taken at such called meeting shall be effective unless such notice was posted as provided and the called meeting was held in conformity with such notice. Section 3. The Gwinnett Industrial Building Authority shall advertise in the legal organ of Gwinnett County for at least once a week for the three weeks immediately preceding the week in which expires the term of office of any member of the authority, the name of the member whose term will expire and the date such term expires. The authority shall advertise in the legal organ of Gwinnett County for at least once a week for two weeks immediately following the week in which occurs a vacancy on the authority, the name of the member who has vacated his position on the authority and the date such

Page 3833

vacancy occurred. No person may be appointed to fill a vacancy in office on the board or to fill a new term of office on the board until the advertisement has been published as required herein. The authority shall establish procedures for taking applications from any person wishing to become a member of the authority. No person shall serve or be eligible to serve as a member of the authority unless such person is a resident of Gwinnett County and has applied for appointment as a member pursuant to the application procedures established by the authority. Section 4. For purposes of this Act, the Gwinnett Industrial Building Authority is that authority created by an amendment adding a new paragraph to Article V, Section IX of the Georgia Constitution pursuant to Resolution Number 179 (Ga. Laws 1962, p. 927), and this Act is authorized pursuant to Section N of that new paragraph. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to provide requirements and restrictions concerning audits and meetings of and vacancies on the Gwinnett Industrial Building Authority created by Resolution Number 179 (Ga. Laws 1962, p. 927); and for other purposes. This 13 day of January, 1981. /s/ R. T. Phillips Representative, 59th District

Page 3834

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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 16, 23, 30, 1981. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. WALTON COUNTYSMALL CLAIMS COURT CREATED. No. 297 (House Bill No. 699). AN ACT To create and establish a Small Claims Court of Walton County; to provide for the initial judge; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide

Page 3835

for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in Walton County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating acts and proceedings of the court; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Walton County. Such 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 Walton 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 Walton County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. (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 Walton County.

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Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the superior court of Walton County or any judge of a State Court located in Walton County, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within Walton County. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the

Page 3837

date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount. (g) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $17.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $17.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.

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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 $17.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay

Page 3839

execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the superior court of Walton County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper 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 Walton 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 Walton County and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Section 15. A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.

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Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

Page 3841

Page 3842

Section 18. (a) The judge of the small claims court in Walton County who is serving on the effective date of this Act shall serve until the expiration of his current term of office and until his successor is appointed and qualified under subsection (b). (b) Thereafter the Governor shall appoint the judge of the small claims court for a term of four years and until his successor is appointed and qualified. All vacancies in the office of judge shall be filled by appointment by the Governor, and such successor shall serve for the remainder of the unexpired term. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Section 20. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.

Page 3843

Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 22. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the Walton County treasury or Walton County depository to be used for county purposes. Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Section 24. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Walton County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Walton County which is created by this Act. Section 25. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Walton County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in

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Walton County as created by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3650), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 26. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 27. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act to create and establish a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than 23,500, according to the United States Decennial Census of 1970 or any future such census; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.', approved March 28, 1974 (Ga. Laws 1974, p. 3650), as amended by an Act approved February 20, 1976 (Ga. Laws 1976, p. 2721); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes., does not pass the 1981 session of the General Assembly and is not

Page 3845

signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. State of Georgia County of Walton. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create and establish a Small Claims Court in and for Walton County, Georgia, and for other purposes. This 23rd day of December, 1980. Neal Jackson Representative-Elect From Walton County District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Neal Jackson who, on oath, deposes and says that he/she is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following dates: January 8, 15, 22, 1981. /s/ Neal Jackson Representative, 75th District

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Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (22,830 - 23,500). No. 298 (House Bill No. 700). AN ACT To repeal an Act entitled An Act to create and establish a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than 23,500, according to the United States Decennial Census of 1970 or any future such census; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books

Page 3847

to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes., approved March 28, 1974 (Ga. Laws 1974, p. 3650), as amended by an Act approved February 20, 1976 (Ga. Laws 1976, p. 2721); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create and establish a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than 23,500, according to the United States Decennial Census of 1970 or any future such census; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes., approved March 28, 1974 (Ga. Laws 1974, p. 3650), as amended by an Act approved February 20, 1976 (Ga. Laws 1976, p. 2721), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Walton County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. CITY OF MONROECONTRACTS. No. 299 (House Bill No. 701). AN ACT To amend an Act reincorporating the City of Monroe in Walton County and creating a new charter for such city, approved April 8, 1971 (Ga. Laws 1971, p. 3805), as amended, so as to change the provisions relating to certain contracts entered into by the Water, Light and Gas Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the City of Monroe in Walton County and creating a new charter for such city, approved April 8, 1971 (Ga. Laws 1971, p. 3805), as amended, is hereby amended by striking from the first sentence of Section 6.08 the following: one year, and inserting in lieu thereof the following: 20 years, so that when so amended Section 6.08 of said Act shall read as follows: Section 6.08. Water, Light Gas CommissionRules and Regulations. Be it further enacted, that the water, light and gas commission may make such rules and regulations for distribution and sales of water, lights, gas and for sewer service charge as they deem

Page 3849

proper regarding the operation of such systems, but shall not make any contracts for such systems for a period longer than 20 years, nor shall they by contract limit or restrain their own power nor that of their successors to make contracts with other persons, or modify or discontinue such as they make whenever in their judgment it is best to do so. The Commissioners may pass such rules and regulations for the protection of the systems as they may deem proper, and when adopted by the council of the city they shall have the force and effect of ordinances of the city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. State of Georgia County of Walton Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Monroe in Walton County and creating a new charter for such city, approved April 8, 1971 (Ga. Laws 1971, p. 3805), as amended; and for other purposes. This the 7th day of January, 1981. Neal Jackson Representative-Elect From Walton County District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Neal Jackson who, on oath, deposes

Page 3850

and says that he/she is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following dates: January 1, 8 and 15, 1981. /s/ Neal Jackson Representative, 75th District Sworn to and subscribed before me, this 12th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION ACT AMENDED. No. 300 (House Bill No. 707). AN ACT To amend an Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3950), so as to extend the time within which said commission shall complete its work; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3851

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), as amended, is hereby amended by striking from subsection (a) of Section 8 of said Act wherever it appears in said subsection the following: March 31, 1981, and inserting in lieu thereof the following: September 30, 1982, so that when so amended, subsection (a) of Section 8 of said Act shall 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 September 30, 1982, 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 September 30, 1982. 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 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Brunswick-Glynn County Charter Commission,

Page 3852

approved April 11, 1979 (Ga. Laws 1979, p. 3378), as amended by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3950); and for other purposes. This 13 day of January, 1981. 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 21, 28, and February 4, 1981. /s/ Dean G. Auten Representative, 154th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3853

STATE COURT OF CHEROKEE AND FORSYTH COUNTIESSALARIES, ETC. No. 301 (House Bill No. 709). AN ACT To amend an Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. Laws 1974, p. 2114), so as to change the compensation of the judge and solicitor of said court; to provide for certain editorial changes; 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 Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. Laws 1974, p. 2114), 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. Judge's qualifications, salary and oath. (a) The judge of the State Court of Cherokee and Forsyth Counties shall receive a salary of $21,000.00 per annum and shall be paid monthly by the commissioner of Cherokee County and by the board of commissioners of Forsyth County in the way and manner hereinafter provided. (b) The judge of said court shall not practice law in any case or matter in Cherokee and Forsyth Counties of which the State Court of Cherokee and Forsyth Counties has jurisdiction. If for any reason the judge shall be absent or disqualified to act in any case, the senior judge of the superior court shall assign a superior court judge to preside or said senior judge may, in his discretion, appoint a judge pro hac vice to preside in said case, whose compensation shall be fixed by the senior judge of the superior court and paid by the commissioner of Cherokee County and by the board of commissioners of Forsyth County as herein provided. No person shall be eligible for the office of judge of said court unless he shall, at the time of qualification, be at least 30 years of age; a resident of Cherokee County or Forsyth County at least for six months immediately preceding his appointment or election; and must have actively practiced law for at least three years in this state immediately before taking office. Before entering upon the duties of his office, said judge shall take and subscribe to the following oath before the judge of the Probate Court of Cherokee and Forsyth Counties, Georgia:

Page 3854

`I solemnly swear that I will administer justice without respect to persons and do equal rights to rich and poor, and I will faithfully and impartially discharge all duties which may be required of me as judge of the State Court of Cherokee and Forsyth Counties according to the best of my ability and understanding agreeable to the laws and Constitution of the United States and of the State of Georgia, so help me God.', which oath shall be filed with the clerk of the superior court of each 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. Solicitor's qualifications, salary and oath. (a) The salary of the solicitor of said court shall be the sum of $18,000.00 per annum and shall be paid monthly by the commissioner of Cherokee County and by the board of commissioners of Forsyth County in the manner hereinafter provided. (b) The solicitor of said court shall receive no other compensation for his duties as such and shall not practice law in Cherokee and Forsyth Counties in any case of which the State Court of Cherokee and Forsyth Counties has jurisdiction. No person shall be eligible to hold the office of solicitor unless, at the time of his qualification, he shall be at least 25 years of age and shall have been a resident of either Cherokee or Forsyth County for a period of at least six months immediately preceding his election and shall have been actively engaged in the practice of law in this state for three years immediately before taking office. Said solicitor, before entering upon the duties of his office, shall take and subscribe the following oath before the judge of the Probate Court of Cherokee and Forsyth Counties: `I do solemnly swear that I will faithfully and impartially, and without favor or affection, discharge my duties as solicitor of the State Court of Cherokee and Forsyth Counties, so help me God.' If for any reason the solicitor shall be absent or disqualified to act in any case, the court shall appoint a solicitor pro tempore whose compensation shall be fixed by the judge of said court and who shall be paid by the commissioner of Cherokee County and by the board of commissioners of Forsyth County.

Page 3855

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating a court to be known as the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. Laws 1974, p. 2114), so as to change the compensation of the judge and solicitor of said court; and for other purposes. This 14th day of January, 1981. /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, Sr. who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following dates: January 21, 28 and February 4, 1981. /s/ Wendell T. Anderson, Sr. Representative, 8th District Sworn to and subscribed before me, this 16th day of February, 1981.

Page 3856

/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating a court to be known as the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. Laws 1974, p. 2114), so as to change the compensation of the judge and solicitor of said court; and for other purposes. This 15 day of January, 1981. Joe T. Wood, Representative, 9th District Jerry D. Jackson, Representative, 9th District Bobby Lawson, Representative, 9th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following dates: January 28, February 4, 11, 1981. /s/ Joe T. Wood Representative, 9th District

Page 3857

Sworn to and subscribed before me, this 11th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF GRADY COUNTYJURIES. No. 305 (House Bill No. 725). AN ACT To amend an Act establishing the State Court of Grady County, approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, so as to change the provision relative to juries; to provide that jurors shall be drawn from the traverse jury list of the superior court; to provide for the size and manner of selecting the jurors; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Grady County, approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, is hereby amended by striking Section 24, relating to juries, in its entirety and substituting in lieu thereof the following:

Page 3858

Section 24. The jurors in the State Court of Grady County shall be drawn from the traverse jury list of the Superior Court of Grady County. Unless a jury trial is waived, the jury in all civil and criminal cases shall consist of six jurors selected from a panel of 12 qualified prospective jurors. Each party shall have three peremptory strikes. The plaintiff in civil cases and the state in criminal cases shall have the first strike. Section 2. This Act shall become effective on 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 that there will be introduced at the 1981 Session of the Georgia General Assembly an Act to amend an Act establishing the State Court of Grady County (formerly known as the City Court of Cairo, in and for the County of Grady) approved the 8th day of August, 1906, as amended, so as to provide for trial in said court, in civil and criminal cases, by a jury of six (6), and to provide for the size of the jury panels and the method and manner of selection; to provide the procedure in connection therewith; to repeal conflicting laws; and for other purposes. This 16th day of December, 1980. Board of Commissioners of Grady County, Georgia By: J. Patrick Ward Attorney for Grady County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes

Page 3859

and says that he/she is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following dates: December 26, 1980, January 6, 13, 1981. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF GRADY COUNTYELECTION OF JUDGE, ETC. No. 306 (House Bill No. 726). AN ACT To amend an Act establishing the State Court of Grady County, approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, so as to extend the term of the current judge; to provide for the election of subsequent judges; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 3860

Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Grady County, approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, is hereby amended by designating the current language of Section 4 of said Act as subsection (a) and by adding immediately following newly designated subsection (a) the following: (b) (1) The judge of the State Court of Grady County in office on July 1, 1981, shall continue in office until December 31, 1982, and until his successor is elected and qualified under paragraph (2). (2) The judge of the State Court of Grady County shall be elected in the manner provided by law for the election of judges of the state court at the general election in November, 1982, for a term of four years beginning on the first day of January, 1983, and until his successor is elected and qualified. Future successors shall be elected at the general election each four years after such election for a term of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1981 Session of the Georgia General Assembly an Act to amend an Act establishing the State Court of Grady County (formerly known as the City Court of Cairo, in and for the County of Grady) approved the 8th day of August, 1906, as amended, so as to provide for trial in said court, in civil and criminal cases, by a jury of six (6), and to provide for the size of the jury panels, and the method and manner of selection; to provide the procedure in connection therewith; to repeal conflicting laws; and for other purposes. This 16th day of December, 1980.

Page 3861

Board of Commissioners of Grady County, Georgia By: J. Patrick Ward Attorney for Grady County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes and says that he/she is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following dates: December 26, 1980, January 6, 13, 1981. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3862

TERRELL COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 307 (House Bill No. 727). AN ACT To amend an Act to create and establish a Small Claims Court of Terrell County, approved February 16, 1979 (Ga. Laws 1979, p. 3012), so as to change the jurisdiction of the court; to increase the 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 to create and establish a Small Claims Court of Terrell County, approved February 16, 1979 (Ga. Laws 1979, p. 3012), is hereby amended by striking from Section 1 of said Act the following: $1,000.00, and substituting in lieu thereof the following: $2,000.00, so that when so amended Section 1 of said Act shall read as follows: Section 1. There is hereby created and established a Small Claims Court of Terrell County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $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 subsection (d) of Section 6 of said Act the following: $5.00,

Page 3863

and substituting in lieu thereof the following: $7.50, so that when so amended subsection (d) of Section 6 of said Act shall read as follows: (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.50. The 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 subsection (a) of Section 8 of said Act the following: The deposit of cost in cases of attachment, garnishment or trover shall be $10.00., and substituting in lieu thereof the following: The deposit of cost in cases of attachment or trover shall be $10.00, and the deposit of cost in cases of garnishment shall be $12.50., so that when so amended subsection (a) of Section 8 of said Act shall read as follows: Section 8. (a) The plaintiff, when he files his claims, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment or trover shall be $10.00, and the deposit of cost in cases of garnishment 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. Section 4. Said Act is further amended by striking from subsection (b) of Section 8 of said Act the following: $7.50,

Page 3864

and substituting in lieu thereof the following: $10.00, so that when so amended subsection (b) of Section 8 of said Act shall read as follows: (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. 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 illegallity. All attachment proceedings shall be tried by the judge and without a jury. 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 in the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Terrell County, approved February 16, 1979 (Ga. Laws 1979, p. 3012), as amended; and for other purposes. This the 12th day of January, 1981. Bob Hanner Representative, 130th District

Page 3865

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner who, on oath, deposes and says that he/she is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County, on the following dates: January 15, 22, 29, 1981. /s/ Bob Hanner Representative, 130th District Sworn to and subscribed before me, this 12th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. IRWIN COUNTYCOMPENSATION OF CHAIRMAN OF BOARD OF COMMISSIONERS. No. 308 (House Bill No. 729). AN ACT To amend an Act creating a board of commissioners for Irwin County, approved February 16, 1933 (Ga. Laws 1933, p. 571), as

Page 3866

amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2707), so as to change the compensation of the chairman of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Irwin County, approved February 16, 1933 (Ga. Laws 1933, p. 571), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2707), is hereby amended by striking from Section 6 the figure $3,000.00 and inserting in lieu thereof the figure $9,000.00 so that when so amended said Section 6 shall read as follows: Section 6. Be it further enacted by the authorities aforesaid that the salaries to be received by the commissioners, except the chairman, shall be $1,200.00 per year, payable monthly in equal installments. The chairman of the board of commissioners shall receive a salary of $9,000.00 per year, payable monthly in equal installments, and such other necessary expenses as are approved by the board. The chairman of the board of commissioners shall also receive a local travel expense of $6,000.00 per year, payable monthly in equal installments and the other commissioners shall receive a local travel expense of $2,400.00 per year, payable monthly in equal installments. No other allowance shall be made for local necessary expenses. The chairman of said board of commissioners shall be the chief administrative officer of the county and shall devote his full time to the duties of his office. Section 2. This Act shall become effective on May 1, 1981. 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 1981 session of the General Assembly a bill to change the salary of the Chairman of the Board of Commissioners for Roads and Revenues of Irwin County, Georgia; and for other purposes.

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This 14th day of January, 1981. J. C. Harper, Chairman of the Board of Commissioners for Roads and Revenues of Irwin County, Georgia Georgia, Irwin County. Personally appeared W. S. Bradford, Jr., before the undersigned attesting officer duly authorized to administer oaths, and after being sworn to speak the truth, says as follows: My name is W. S. Bradford, Jr., and I am the Editor and Publisher of The Ocilla Star, the legal organ for Irwin County, Georgia. I further certify that the following Notice of Intention to Introduce Legislation was published and did run in said newspaper for the weeks of January 15, 22, and 29, 1981, as required by law: Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly a bill to change the salary of the Chairman of the Board of Commissioners for Roads and Revenues of Irwin County, Georgia; and for other purposes. This 14th day of January, 1981. J. C. Harper, Chairman of the Board of Commissioners of Roads and Revenues of Irwin County, Georgia This 16th day of February, 1981. /s/ W. S. Bradford, Jr.(LS)

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Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Larry P. Harper Notary Public Approved April 6, 1981. UNION COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 309 (House Bill No. 736). AN ACT To amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved February 27, 1970 (Ga. Laws 1970, p. 2182), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2703), so as to change the provisions relative to the compensation of said officer; to provide an expense allowance for said officer and for expenses while on official business outside of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved February 27, 1970 (Ga. Laws 1970, p. 2182), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2703), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:

Page 3869

Section 1. (a) The Judge of the Probate Court of Union County shall receive an annual salary of $16,500.00 which shall be paid in equal monthly installments from the funds of Union County. (b) In addition to the compensation provided for by subsection (a) of this Section, the Judge of the Probate Court of Union County shall receive an expense allowance of $200.00 per month to reimburse said officer for expenses incurred in carrying out his official duties within Union County. Said officer shall also be reimbursed for actual and necessary expenses incurred by said officer when traveling outside of Union County on official business. The expenses provided for herein shall be paid from the funds of Union County. In the event said officer uses his own automobile in carrying out his official duties, the expenses for the maintenance and operation of said automobile shall be paid from county funds, and such expenses shall be paid in addition to other expenses provided for by this subsection. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Union County and providing an annual salary for said officer, approved February 27, 1970 (Ga. Laws 1970, p. 2182), as amended; and for other purposes. This 20th day of January, 1981. /s/ Carlton Colwell Representative, 4th District

Page 3870

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the official organ of Union County, on the following dates: January 22, 29 and February 5, 1981. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. COLUMBUS, GEORGIAPERSONNEL REVIEW BOARD. No. 310 (House Bill No. 749). AN ACT To amend the Charter of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September-October 1971, p. 2007), as amended, to provide that the Personnel Review Board shall be a

Page 3871

Charter authorized Board 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 further amended as follows: Section 1. That Article IV, Chapter 6 of the Charter of Columbus, Georgia be, and the same is hereby amended by adding thereto a new Subchapter B which shall read as follows: SUBCHAPTER B. ATTACHED TO DEPARTMENTS Sec. 4-610. Personnel Review Board. The personnel review board shall make recommendations on personnel rules and regulations; hear appeals from employees under procedures established by ordinance of the Council pertaining to classification, reclassification and allocation of positions within the merit service; hear appeals from disciplinary actions; investigate conditions of employment in the service of the consolidated government and report thereon at least annually to the Council; and perform such other functions and duties as may be 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 3872

Notice of Intention to Apply for Local Legislation. Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1981, for the passage of a Bill to provide that the Personnel Review Board shall be a Charter authorized Board of Columbus, Georgia. 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 Publisher 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 2, 1981, January 9, 1981 and January 16, 1981. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 16 day of January, 1981. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved April 6, 1981.

Page 3873

CITY OF RUTLEDGEPOLICE COURT FINES. No. 311 (House Bill No. 754). AN ACT To amend an Act creating a new charter for the City of Rutledge, approved August 13, 1909 (Ga. Laws 1909, p. 1345), as amended, so as to change the fine authorized to be imposed in the police court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Rutledge, approved August 13, 1909 (Ga. Laws 1909, p. 1345), as amended, is hereby amended by striking from Section 16 of said Act the following: $100, and substituting in lieu thereof the following: $500.00, so that when so amended Section 16 of said Act shall read as follows: Sec. 16. Be it further enacted, That the mayor, or in his absence or disqualification, any two or more councilmen 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 Rutledge. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to pay a fine not exceeding $500.00, or be imprisoned not exceeding thirty days, or be put at labor upon the streets or other public works in the 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 power to

Page 3874

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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced during the 1981 Session of the Georgia General Assembly a bill to amend an Act creating a new charter for The City of Rutledge, Georgia (Georgia Laws 1909, 1345), as amended, so as to change certain provisions relating to the Mayor's Court and for other purposes. This 12th day of January, 1981. E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian which is the official organ of Morgan County, on the following dates: January 15, 22, 29, 1981. /s/ E. Roy Lambert Representative, 112th District

Page 3875

Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. MORGAN COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 312 (House Bill No. 755). AN ACT To amend an Act placing certain of the county officers of Morgan County on an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2518), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2741), so as to change the compensation of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Morgan County on an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2518), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2741), is hereby amended by striking from Section 2 of said Act the following: twelve thousand dollars ($12,000), and substituting in lieu thereof the following: $15,000.00,

Page 3876

so that when so amended Section 2 of said Act shall read as follows: Section 2. The Clerk of the Superior Court of Morgan County shall be compensated in the sum of $15,000.00 per annum, to be paid in equal monthly installments from the funds of Morgan County. The Clerk is hereby authorized to employ such deputies or other clerical assistants as may be necessary for the efficient operation of his office and the compensation of such assistants shall be paid from the funds of Morgan County. The governing authority of Morgan County shall fix the compensation of each assistant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Probate Court Judge, Tax Collector and Tax Receiver of Morgan County on a salary basis in lieu of the fee system of compensation, approved March 17, 1960, (Ga. L. 1960, p. 2518), as amended, so as to change the compensation of the Clerk of the Superior Court of Morgan County; and for other purposes. This 12th day of January, 1981. E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath,

Page 3877

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 15, 22, 29, 1981. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. GREENE COUNTYCOMPENSATION OF NAMED COUNTY OFFICIALS. No. 313 (House Bill No. 752). AN ACT To amend an Act placing certain county officers of Greene County upon an annual salary, approved March 6, 1961 (Ga. Laws 1961, p. 2182), as amended, so as to change the compensation provisions relating to the clerk of the Superior Court and the judge of the Probate Court of Greene County; to change the compensation provisions relating to clerical help in such offices; to change the compensation provisions relating to the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3878

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain county officers of Greene County upon an annual salary, approved March 6, 1961 (Ga. Laws 1961, p. 2182), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The clerk of the Superior Court of Greene County shall receive the minimum salary provided by an Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as now or hereafter amended. Said compensation shall be paid in equal monthly installments out of county funds. The clerk shall be authorized to employ such help as he deems necessary to perform the duties of his office. The clerk shall receive for the purpose of employing such secretarial or clerical assistance an additional sum of $6,500.00 from county funds. (b) In addition to the compensation provided for the clerk of the superior court in subsection (a) above, the governing authority of Greene County at a regularly scheduled meeting, in its discretion, may supplement said compensation of the clerk of the superior court in an amount not exceeding $4,000.00. Such supplement shall be paid in equal monthly installments from county funds. Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The judge of the Probate Court of Greene County shall receive the minimum salary provided by an Act providing minimum salaries for judges of the probate courts of the various counties, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as now or hereafter amended. Said compensation shall be paid in equal monthly installments out of county funds. The judge of the probate court shall be authorized to employ such help as he deems necessary to perform the duties of his office. The judge of the probate court shall receive for the purpose of employing such secretarial or clerical assistance an additional sum of $6,500.00 from county funds. (b) In addition to the compensation provided for the judge of the probate court in subsection (a) above, the governing authority of Greene County at a regularly scheduled meeting, in its discretion,

Page 3879

may supplement said compensation of the judge of the probate court in an amount not exceeding $4,000.00. Such supplement shall be paid in equal monthly installments from county funds. Section 3. Said Act is further amended by striking from Section 5 the following: nine hundred ($900.00) dollars, and inserting in lieu thereof the following: nine hundred and seventy-two ($972.00) dollars, so that when so amended Section 5 shall read as follows: Section 5. The coroner of Greene County shall be compensated in the amount of nine hundred and seventy-two ($972.00) dollars per annum, which shall be paid in equal monthly installments from the funds of Greene 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 1981 Session of the General Assembly of Georgia, a bill to amend an Act providing compensation for specified officers in Greene County, Georgia, approved March 6, 1961, as amended, so as to provide that the County Commissioners can change the compensation of the Clerk of the Superior Court, Probate Judge, Tax Commissioner and Coroner, and so as to change the amount to be paid each office for the purpose of employing secretarial or clerical assistance. This 12th day of January, 1981.

Page 3880

E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County, on the following dates: January 15, 22, 29, 1981. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3881

GREENE COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 314 (House Bill No. 753). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2506), as amended, so as to change the compensation provisions relating to the tax commissioner; to provide compensation for clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2506), as amended, is hereby amended by adding between Sections 4 and 5 a new section, to be designated Section 4A, to read as follows: Section 4A. In addition to the compensation provided for the tax commissioner in Section 4, or the minimum salary otherwise provided by Code Section 91A-1373, as now or hereafter amended, the governing authority of Greene County at a regularly scheduled meeting, in its discretion, may supplement said compensation of the tax commissioner in an amount not exceeding $4,000.00. Such supplement shall be paid in equal monthly installments from county funds. Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The tax commissioner shall be authorized to employ such help as he deems necessary to perform the duties of his office. The tax commissioner shall receive for the purpose of employing such secretarial or clerical assistance an additional sum of $6,500.00 from county funds.

Page 3882

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 1981 Session of the General Assembly of Georgia, a bill to amend an Act providing compensation for specified officers in Greene County, Georgia, approved March 6, 1961, as amended, so as to provide that the County Commissioners can change the compensation of the Clerk of the Superior Court, Probate Judge, Tax Commissioner and Coroner, and so as to change the amount to be paid each office for the purpose of employing secretarial or clerical assistance. This 12th day of January, 1981. E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County, on the following dates: January 15, 22, 29, 1981. /s/ E. Roy Lambert Representative, 112th District

Page 3883

Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Lounell R. Jones Notary Public, Georgia State at Large. My Commission Expires March 27, 1982. (Seal). Approved April 6, 1981. MORGAN COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 315 (House Bill No. 756). AN ACT To amend an Act creating a board of commissioners of roads and revenues in and for the County of Morgan, approved March 22, 1935 (Ga. Laws 1935, p. 738), as amended, particularly by an Act approved April 11, 1968 (Ga. Laws 1968, p. 3585), so as to change the compensation of the chairman, vice-chairman, and members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues in and for the County of Morgan, approved March 22, 1935 (Ga. Laws 1935, p. 738), as amended, particularly by an Act approved April 11, 1968 (Ga. Laws 1968, p. 3585), is hereby amended by striking from Section 9 of said Act the following:

Page 3884

$200.00, and substituting in lieu thereof the following: $300.00, and by striking the following: $150.00, and substituting in lieu thereof the following: $250.00, and by striking the following: $125.00, and substituting in lieu thereof the following: $225.00, so that when so amended Section 9 of said Act shall read as follows: Section 9. The chairman of said board shall receive a salary of $300.00 per month. The vice-chairman of said board shall receive a salary of $250.00 per month. The other members of the board shall receive the sum of $225.00 per month. In addition thereto, all members shall receive mileage at the rate of eight cents per mile for expenses in attending board meetings or otherwise attending to the duties of their office. All expense bills shall be approved by the board before payment. 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 1981 Session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Roads and Revenues of

Page 3885

Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, so as to change the compensation of the Chairman, Vice-Chairman, and other members of said Board of Commissioners; to change the mileage rate for traveling expenses; to provide for an effective date; and for other purposes. This 12th day of January, 1981. E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian which is the official organ of Morgan County, on the following dates: January 15, 22, 29, 1981. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3886

WORTH COUNTYSMALL CLAIMS COURT CREATED. No. 316 (House Bill No. 757). AN ACT To create and establish a Small Claims Court of Worth County; to provide for the initial judge; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such court; to prescribe the jurisdiction, practice, pleading and procedure therein; to provide for a clerk and his remuneration; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court of Worth County. Such court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $750.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in Worth County. Said jurisdiction shall include the power to issue writs of garnishment and attachment, and in addition to the powers herein specifically granted shall include like powers granted to justices of the peace by the laws of the State of Georgia. Section 2 . The grand jury in Worth County shall appoint a citizen of Worth County to be judge of the small claims court for a term of four years and until his successor is appointed and qualified. All vacancies in the office of the judge shall be filled by appointment of a successor by the grand jury, and such successor shall serve for the remainder of the unexpired term.

Page 3887

Section 3 . Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatsoever appertaining to his office, the judge of the superior court of Worth County, or any judge of a city court located in Worth County, on application of any party, or the 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 so 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 to be compensated, if at all, from the fees herein authorized. Section 5 . All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Section 6 . (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in Worth County by any official or person authorized by law to serve process in superior courts; or by registered or certified mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of the court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned, the clerk shall attach

Page 3888

the same to the original statement of claim, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, the plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00), which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Section 9. (a) On the day set for the hearing, or such latter time as the judge may provide, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits.

Page 3889

(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or 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, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of the superior court presiding in Worth County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purpose of this Act and shall have the power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such reasonable sum as the judge may fix to secure payment of costs incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses.

Page 3890

Section 14. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 15. Appeals may be had from judgments returned in a small claims court, to the superior court, and the same provisions now provided for by law for appeals from probate courts to the superior court, shall be applicable to appeals from the small claims court to the superior court. Section 16. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court

Page 3891

Page 3892

Section 17. (a) The judge of the small claims court in Worth County who is serving on the effective date of this Act shall serve until the expiration of his current term of office and until his successor is appointed and qualified under subsection (b). (b) Thereafter the grand jury in Worth County shall appoint a citizen of Worth County to be judge of the small claims court for a term of four years and until his successor is appointed and qualified. Section 18. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the Worth County Commissioners. Section 19. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Worth County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Worth County which is created by this Act. Section 20. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Worth County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Worth County as created by an Act approved April 12, 1963 (Ga. Laws 1963, p. 3395), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. 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

Page 3893

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 July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act to establish a Small Claims Court in Counties in this State having a popolation of not less than 16,500 and not more than 16,700, according to the U. S. Census of 1960 or any such future census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such court; to prescribe the jurisdiction, practice, pleading and procedure therein; to provide for a clerk and his remuneration; to provide an effective date; to repeal conflicting laws; and for other purposes.', approved April 12, 1963 (Ga. Laws 1963, p. 3395), as amended by an Act approved March 10, 1965 (Ga. Laws 1965, p. 2240); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Worth County; to provide for other matters relative thereto; and for other purposes. This the 6th day of January, 1981. Earleen Sizemore Representative, District 136

Page 3894

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Wilkerson 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 Sylvester Local which is the official organ of Worth County, on the following dates: January 6, 13, 20, 1981. /s/ Earleen Wilkerson Sizemore Representative, 136th District Sworn to and subscribed before me, this 12th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF CLAYTON COUNTYCOMPENSATION OF JUDGE. No. 317 (House Bill No. 759). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended,

Page 3895

particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3890), so as to change the provisions relating to the compensation of the judges of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3890), is hereby amended by striking from Section 3 the following: $34 980.00, and inserting in lieu thereof the following: $37,430.00, 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 $37,430.00 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. This Act shall become effective on the first day 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 3896

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended; and for other purposes. This 12 day of January, 1981. Rudolph Johnson Representative, 72nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News/Daily which is the official organ of Clayton County, on the following dates: January 20, 27, and February 3, 1981. /s/ Rudolph Johnson Representative, 72nd District Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3897

CLAYTON COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 318 (House Bill No. 760). AN ACT To amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3517), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3517), is hereby amended by striking from Section 1 the following: $25,715.00, and inserting in lieu thereof the following: $27,515.00, 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 $27,515.00 per annum, payable monthly by the governing authority out of funds of the

Page 3898

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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 12 day of January, 1981. Rudolph Johnson Representative, 72nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News/Daily which is the official organ of Clayton County, on the following dates: January 20, 27, and February 3, 1981. /s/ Rudolph Johnson Representative, 72nd District

Page 3899

Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CLAYTON COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 319 (House Bill No. 761). 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), and by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3519), so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner,

Page 3900

approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3651), and by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3519), is hereby amended by striking from subsection (b) of Section 7 the following: $25,715.00, and inserting in lieu thereof the following: $27,515.00, 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 $27,515.00 which shall be paid in equal monthly installments from the funds of Clayton County. Section 2. Said Act is further amended by striking from subsection (b) of Section 7A the following: $17,500.00, and inserting in lieu thereof the following: $18,725.00, so that when so amended subsection (b) shall read as follows: (b) The deputy tax commissioner shall receive as compensation for his services a salary to be fixed in the discretion of the tax commissioner in an amount not to exceed $18,725.00 per annum, payable in equal monthly installments from 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.

Page 3901

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 12 day of January, 1981. Rudolph Johnson Representative, 72nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News/Daily which is the official organ of Clayton County, on the following dates: January 20, 27 and February 3, 1981. /s/ Rudolph Johnson Representative, 72nd District

Page 3902

Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. CLAYTON COUNTYCOMPENSATION OF SHERIFF AND CLERK OF SUPERIOR COURT. No. 320 (House Bill No. 762). 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 25, 1980 (Ga. Laws 1980, p. 3887), so as to change the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff and 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 25, 1980 (Ga. Laws 1980, p. 3887), is hereby amended by striking from Section 1 the following: $25,715.00, and inserting in lieu thereof the following: 27,515.00,

Page 3903

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 $27,515.00 per annum, both salaries being payable in equal monthly installments by the governing authority of said county out of the funds of said county. Any funds, except the salary provided herein, which is collected under the color of their offices shall be construed as county funds and shall be accounted for as such. Section 2. This Act shall become effective on the first day 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 1981 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 12 day of January, 1981. Rudolph Johnson Representative, 72nd District

Page 3904

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News/Daily which is the official organ of Clayton County, on the following dates: January 20, 27 and February 3, 1981. /s/ Rudolph Johnson Representative, 72nd District Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. CLAYTON COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 321 (House Bill No. 763). AN ACT To amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as

Page 3905

amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3514), so as to change the provisions relative to the compensation of the Chairman and the expense allowance of other members of the Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3514), is hereby amended by striking from Section 7 the following: $35,000.00 and $1,800.00, and inserting in lieu thereof, respectively, the following: $38,500.00 and $2,400.00, so that when so amended Section 7 shall read as follows: Section 7. Compensation. The Chairman of the Board shall be compensated in the amount of $38,500.00 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 $2,400.00 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.

Page 3906

Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended; and for other purposes. This 12 day of January, 1981. Rudolph Johnson Representative, 72nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News/Daily which is the official organ of Clayton County, on the following dates: January 20, 27 and February 3, 1981. /s/ Rudolph Johnson Representative, 72nd District

Page 3907

Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. CITY OF ADAIRSVILLECORPORATE LIMITS. No. 322 (House Bill No. 765). AN ACT To amend an Act incorporating the City of Adairsville, approved August 27, 1872 (Ga. Laws 1872, p. 121), as amended, so as to extend the corporate limits of said city; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Adairsville, approved August 27, 1872 (Ga. Laws 1872, p. 121), as amended, is hereby amended by adding at the end of Section 1 the following: The corporate limits of the City of Adairsville shall include the following described territory: All that certain tract or parcel of land comprising 882.71 acres lying and being in Land Lots 161, 162, 169, 170, 191, 192, 193, 198, 199, 200, 221, 222 and 223 of the 15th District and 3rd Section of Bartow County, Georgia, as more particularly shown upon a plat entitled Annexation to the City of Adairsville, prepared by Smith Smith, Land Surveyors, P.C. of Cartersville, Georgia, dated February 22,

Page 3908

1980, and recorded in Plat Book 23 at page 385 of the Clerk's records of Bartow Superior Court, which plat is incorporated herein by reference thereto. Said property is more particularly described as follows: BEGINNING at a point on the existing city limits of the City of Adairsville, Georgia, formed by the intersection of the center line of Old State Route 140 and Hall Station Road and from said point of beginning thus established thence run North 79 degrees 26 minutes West 439.92 feet, North 80 degrees 21 minutes West 505.7 feet, all along the center line of Old State Route 140 to the center line of Oothkallooga Creek; thence run along the meandering of the center line of Oothkallooga Creek North 8 degrees 8 minutes East 145.3 feet, North 12 degrees 48 minutes East 157 feet, North 13 degrees East 100 feet, North 9 degrees 34 minutes East 100.1 feet, North 17 degrees 56 minutes East 125.1 feet, North 4 degrees 16 minutes West 104.4 feet, North 24 degrees 50 minutes East 102.4 feet, North 16 degrees 11 minutes East 45.9 feet, North 47 degrees 4 minutes East 113.4 feet, North 32 degrees 34 minutes East 102.2 feet, North 55 degrees 44 minutes East 102 feet, North 16 degrees 24 minutes East 76.4 feet, North 6 degrees 5 minutes West 47 feet, North 12 degrees 10 minutes East 159.8 feet, North 17 degrees 45 minutes East 55.4 feet, North 50 degrees 21 minutes East 69.1 feet, North 22 degrees 55 minutes East 100.2 feet, North 4 degrees 10 minutes West 73.1 feet, North 33 degrees 52 minutes West 187.3 feet, North 19 degrees 18 minutes West 181.2 feet, North 2 degrees 44 minutes West 101.3 feet, North 2 degrees 58 minutes West 203.4 feet, North 18 degrees 56 minutes West 88 feet, North 20 degrees 42 minutes West 79.3 feet, North 13 degrees 25 minutes East 231 feet, South 82 degrees 23 minutes East 97.6 feet, North 30 degrees 30 minutes East 103 feet, North 57 degrees 12 minutes East 51.6 feet, North 20 degrees 9 minutes West 97.8 feet, North 60 degrees 47 minutes West 214.1 feet, North 44 degrees 3 minutes West 145 feet, North 82 degrees 54 minutes West 134.6 feet, North 24 degrees 30 minutes West 197.5 feet, North 5 degrees 45 minutes West 101.3 feet, North 12 degrees 28 minutes East 132.4 feet, North 37 degrees 59 minutes West 88.9 feet, North 87 degrees 31 minutes West 69 feet, South 56 degrees 30 minutes West 118.4 feet, North 65 degrees 2 minutes West 48.3 feet, North 6 degrees 49 minutes East 105.8 feet, North 84 degrees 6 minutes East 40.3 feet to a placed iron pin; thence run North 84 degrees 6 minutes East 2995.77 feet, South 88 degrees 37 minutes East 2874.15 feet, North 84 degrees 28 minutes East 1828.92 feet, North 87 degrees 16 minutes 30 seconds

Page 3909

East 2076.24 feet, North 68 degrees 58 minutes East 936.54 feet, North 39 degrees 51 minutes East 294.76 feet to a placed iron pin; thence run South 44 degrees 25 minutes East 1507.25 feet, South 27 degrees 0 minutes East 1168.16 feet, to an iron pin placed; thence run South 88 degrees 55 minutes West 414.70 feet, due West 291.20 feet, North 89 degrees 33 minutes West 353.60 feet, South 88 degrees 37 minutes West 622.25 feet, to an iron pin placed spike in the East edge of ramp pavement Interstate 75; thence run South 30 degrees 55 minutes East 2481.07 feet, South 13 degrees 55 minutes East 382.12 feet, South 13 degrees 21 minutes East 359.08 feet to an iron pin placed spike in the center line of Mitchell Road; thence run North 89 degrees 25 minutes West 1122.10 feet following the center line of Mitchell Road to an iron pin placed spike; thence run South 1 degree 50 minutes 30 seconds East 1318.79 feet to a placed iron pin; thence run South 89 degrees 10 minutes West 780.31 feet, South 87 degrees 50 minutes West 412.61 feet, South 87 degrees 15 minutes West 468.25 feet, South 87 degrees 13 minutes West 100.97 feet, South 88 degrees 42 minutes 30 seconds West 909.10 feet, South 88 degrees 43 minutes West 1333.87 feet to an iron pin placed on the existing city limits of the City of Adairsville; thence run North 3 degrees 5 minutes West along the existing city limits a distance of 4158.04 feet to a point formed by the intersection of the existing city limits and the center line of State Route 140; thence running along the existing city limits South 84 degrees 26 minutes West 158.88 feet, and continuing along an arc of 1383.79 feet connected by a chord bearing South 87 degrees 56 minutes West 1382.95 feet, continuing North 88 degrees 38 minutes 30 seconds West 1882.83 feet, and continuing along an arc 604.17 feet connected by a chord bearing South 87 degrees 43 minutes 30 seconds West 603.77 feet, South 84 degrees 6 minutes West 1420.04 feet to a point formed by the intersection of the center line of State Route 140 and the center line of Hall Station Road; thence run South 5 degrees 24 minutes East 575.79 feet, and continuing along an arc 1152.50 feet connected by a chord bearing South 6 degrees 7 minutes 30 seconds West 1144.74 feet, South 17 degrees 27 minutes West 716.02 feet along the existing city limits to the intersection of the center line of Hall Station Road and the center line of Old State Route 140, and the same constituting the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3910

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Adairsville approved August 27, 1872 (Ga. Laws 1872, p. 121) as amended and for other purposes. This 5th day of January 1981. /s/ D. F. Williams Mayor, City of Adairsville Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following dates: January 15, 22, 29, 1981. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3911

CITY OF PORT WENTWORTHCORPORATE LIMITS. No. 323 (House Bill No. 766). AN ACT To amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, is hereby amended by adding at the end of Section 2 the following: The corporate limits of the City of Port Wentworth are hereby changed so as to exclude all of the following described territory presently located in said city: Commencing at the point where the eastern right-of-way of Seaboard Coastline intersects the southern right-of-way line of Godley road and then continuing west along the Southern right-of-way line of Godley Road, a distance of approximately 2.6 miles to a point on the northern right-of-way line of an easement of Savannah Electric Power Company (See Plat Record Book S-118, Clerk's Office, Superior Court, Chatham County), then proceeding on the said northerly and easterly right-of-way line, along the west side of an access road to a point on the Barnwell property line and then proceeding westerly on said property line, enclosing approximately 64 acres as described in Records in the Clerk's Office, Superior Court, Chatham County, in Deed Book 71K Folio 471, said enclosure coming to a point on the southern property line, 60 feet from the intersection of the Savannah Electric Power Company easement and Barnwell property line, at said point continuing on a line in a southerly

Page 3912

direction parallel to said easement right-of-way, being 60' at any given distance until said line intersects at a point with the northern right-of-way line of Godley Road (being the access road to the Barnwell Property) and then proceeding easterly to a point that intersects the eastern right-of-way line of Seaboard Coastline Railroad and the City Limits of Port Wentworth, Georgia, which extends northwardly along the eastern right-of-way line of Seaboard Coastline Railroad, thence southwardly to a point on the western right-of-way line of Seaboard Coastline Railroad and Godley Road to the point of beginning. 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 application will be made at the 1981 session of the General Assembly of Georgia, for the passage of an Amendment to the City Charter, as amended, City of Port Wentworth, Chatham County, Georgia, so as to change the corporation limits of said City by deannexing an area presently in the City Limits, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Triplett who, on oath, deposes and says that he/she is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 28, February 4, 11, 1981. /s/ Tom Triplett Representative, 128th District

Page 3913

Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF WRENSPOLICE COURT FINES. No. 325 (House Bill No. 776). AN ACT To amend an Act incorporating the City of Wrens in Jefferson County, approved December 17, 1901 (Ga. Laws 1901, p. 722), as amended, so as to change the maximum amount of the fine which may be assessed in the police court; 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 authority of same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. On and after the effective date of this Act, the mayor of the City of Wrens shall preside at the police court, unless disqualified for some reason, and shall try all offenders and inflict such punishment for offenses against the municipal laws as, in his judgment, may be proper. He shall have authority to impose fines, costs, and forfeitures for each offense in an amount not to exceed $500.00 for the violation of any law or ordinance of the City of Wrens passed in accordance with the charter and to imprison offenders for a period of not more than 60 days or at labor on the roads and streets or

Page 3914

other public works of said city for not more than 60 days; and the said mayor shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said mayor shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 or imprisonment not exceeding 20 days, or both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Jefferson County, Georgia. Notice is hereby given that I shall introduce a bill in the 1981 Session of the General Assembly to amend the Charter of the City of Wrens so as to authorize the Recorder of the City to impose a fine not to exceed $500.00. This 27th day of January, 1981. Warren Evans State Representative 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 News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: January 29, February 5, 12, 1981. /s/ Warren D. Evans Representative, 84th District

Page 3915

Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. WHEELER COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 326 (House Bill No. 785). AN ACT To abolish the present mode of compensating the clerk of the Superior Court of Wheeler County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal a specific Act; 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 Wheeler 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 3916

Section 2. The clerk of the superior court shall receive an annual salary of $14,000.00, payable in equal monthly installments from county funds. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 5. The necessary operating expenses of the clerk of the superior court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, 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

Page 3917

county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Wheeler County. Section 6. This Act shall become effective on January 1, 1985, unless a vacancy occurs for any reason in the office of clerk of the Superior Court of Wheeler County before January 1, 1985, and in that event, this Act shall become effective on the date of such vacancy. Section 7. An Act providing for the employment of secretarial help for the clerk of the Superior Court of Wheeler County, approved April 17, 1973 (Ga. Laws 1973, p. 2937), is hereby repealed in its entirety. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a Bill to provide a salary for the Clerk of Superior Court of Wheeler County in lieu of fee system of compensation; and for other purposes. This 15 day of January, 1981. W. H. Thomas, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: January 21, 28, February 4, 1981.

Page 3918

/s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. STATE COURT OF DeKALB COUNTYJUDGES' SECRETARIES. No. 327 (House Bill No. 786). AN ACT To amend an Act creating the State Court of Dekalb County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3488), so as to delete the provision for the secretary of each judge to prepare appeals; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3488), is hereby amended by striking in its entirety Section 34A, which reads as follows:

Page 3919

Section 34A. The secretary of each judge shall prepare and send to the appellate courts all appeals from actions or orders of the respective judges, and shall be deputy clerks of said court. 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 1981 session of the General Assembly of Georgia a bill to amend an Act to creating the State Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended; to repeal conflicting laws; and for other purposes. This 19th day of January, 1981. Judge Jack B. Smith Judge Ralph E. Carlisle Judge Clarence F. Seeliger Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Max Davis who, on oath, deposes and says that he/she is Representative from the 45th 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: January 22, 29, and February 5, 1981. /s/ J. Max Davis Representative, 45th District

Page 3920

Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF ALBANYAD VALOREM TAXATION. No. 328 (House Bill No. 790). AN ACT To amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, so as to change the limit of ad valorem taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, is hereby amended by striking from Section 27 the words one and one-half (1.5%) per cent., and inserting in lieu thereof the words and figures two (2%) per cent., so that when so amended, said section shall read as follows:

Page 3921

Section 27. Be it further enacted by the authority aforesaid, That in addition to the special school tax authorized by the Act of the General Assembly, approved August 21, 1906, as amended and in addition to that necessary to pay the principal and interest on its bonded indebtedness, said City of Albany shall have the right and power to assess, levy and collect a tax upon all property, both real and personal and choses in action, within the limits of the city not to exceed two (2%) per cent. ad valorem and collect a specific or occupation tax on all businesses, occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper and upon franchises and income; to fix a license on theatrical exhibitions, circuses and shows of all kinds, and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiards, pool and other kinds of tables, ten-pin alleys, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, whether of like kind or not, legitimately coming within the police power of the city, as may be just and reasonable. The taxing power of said city, except as herein limited, shall be as general, complete and full as that of the State itself; and said taxes, ad valorem, license or occupation, shall constitute a lien upon all the property of the taxpayer or person liable and take rank as provided by law for city taxes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. There will be introduced for passage at the ensuing 1981 session of the General Assembly of Georgia a local bill to amend the Charter of the City of Albany (Acts 1923, pages 370-416, approved August 18, 1923) so as to increase the limit of ad valorem taxes which may be levied by said city from one and one-half (1.5%) per cent to two (2%) per cent. This 13th day of January, 1981. The City of Albany, Georgia By: James V. Davis City Attorney

Page 3922

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless 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 16, 23, 30, 1981. /s/ Tommy Chambless Representative, 131st District Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF THOMSONRECORDER'S COURT FINES. No. 329 (House Bill No. 791). AN ACT To amend an Act creating a new charter for the City of Thomson, approved March 15, 1973 (Ga. Laws 1973, p. 2132), as amended, so as

Page 3923

to change the provisions relating to the jurisdiction of and fines imposed by the recorder's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Thomson, approved March 15, 1973 (Ga. Laws 1973, p. 2132), as amended, is hereby amended by striking from Section 6.03 the following: two hundred dollars ($200.00), and inserting in lieu thereof the following: five hundred dollars ($500.00), so that when so amended Section 6.03 shall read as follows: Section 6.03. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures, for the violation of any law or ordinance of the City of Thomson passed in accordance with this charter, for each offense in an amount not to exceed five hundred dollars ($500.00), to imprison offenders for a period of not more than sixty (60) days, or at labor on the roads and streets or other public works of said city for not more than 60 days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Thomson which warrants may be executed by an officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against

Page 3924

the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Thomson. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders, police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. McDuffie County, Ga. Notice is hereby given that I shall introduce a bill in the 1981 Session of the General Assembly of Georgia to amend the Charter of the City of Thomson so as to authorize the Recorder of the City to impose a fine not to exceed $500. This 30th day of January, 1981. Warren Evans State Representative 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: February 5, 12, 19, 1981.

Page 3925

/s/ Warren D. Evans Representative, 84th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. COFFEE COUNTYCOURT COSTS FOR COUNTY LAW LIBRARY. No. 330 (House Bill No. 794). AN ACT To increase the maximum court costs which may be charged for the county law library fund in Coffee County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provision of law, the maximum court costs for the county law library fund which may be charged and collected in each suit, action, or case in Coffee County shall be $3.00. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3926

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend Ga. Laws 1971 pp. 180, 181; 1973 pp. 700, 701, so as to provide for an additional two dollars ($2.00) court cost for the purpose of providing funds for the maintenance of law books, reports, texts, and periodicals for the Coffee County Law Library. This the 5th day of February, 1981. James C. Moore Representative, 152nd District, Post 1 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 Coffee County Progress which is the official organ of Coffee County, on the following dates: February 4, 11, 18, 1981. /s/ James C. Moore Representative, 152nd District

Page 3927

Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF BREMENCHARTER AMENDED. No. 331 (House Bill No. 798). 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, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2948) and an Act approved February 26, 1962 (Ga. Laws 1962, p. 2199), so as to change the provisions relating to the recorder's court of said city; to change the provisions relating to the compensation of the mayor and members of council; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a 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) and an Act approved February 26, 1962 (Ga. Laws 1962, p. 2199), is hereby amended by striking from Section 3 of the aforesaid amendatory Act of 1960 the following: fifty ($50.00) dollars,

Page 3928

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 teste 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 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. Said Act is further amended by striking Section 4 of the aforesaid amendatory Act of 1960 and inserting in lieu thereof a new Section 4 to read as follows: Section 4. It shall be the duty of the city recorder to preside over the recorder's court, with full power and authority to issue warrants for violation of any municipal ordinance. It shall be the duty of the city recorder to hold such court as prescribed by this charter or by ordinance for the trial of offenders against the ordinances of said city and to impose such penalties for a violation thereof as may be prescribed by ordinance, except that no fine shall exceed three hundred ($300.00) dollars. The city recorder shall have full power

Page 3929

and authority incident to or belonging to the office of the justice of the peace except for the trial of civil cases. The salary of the city recorder shall be fixed by the mayor and council. Section 3. Said Act is further amended by striking Section 1 of the aforesaid amendatory Act of 1962 and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The mayor of the City of Bremen shall be compensated in the amount of three thousand ($3,000.00) dollars per annum and each member of council shall be compensated in the amount of one thousand eight hundred ($1,800.00) dollars per annum. The mayor and each member of council shall be entitled to receive a reimbursable travel allowance not to exceed fifty ($50.00) dollars per month for expenses incurred in the performance of official duties while traveling in their personal motor vehicles. Such travel expenses incurred shall be reimbursed upon the submission of an itemized voucher to the paying authority of the city. 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 1981 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 15th day of December, 1980. /s/ Richard H. Wheeler

Page 3930

Georgia, Carroll 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: Dec. 18, 25, 1980, Jan. 1, 8, 1981. Sworn to on the 20 day of February, 1981. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 20 day of February, 1981. /s/ Linda Spence Notary Public. (Seal). Approved April 6, 1981. HARALSON COUNTYCOMPENSATION OF TREASURER. No. 332 (House Bill No. 799). 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),

Page 3931

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), an Act approved April 11, 1979 (Ga. Laws 1979, p. 3971), and an Act approved March 25, 1980 (Ga. Laws 1980, p. 3967), so as to change the compensation of the Treasurer of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. Laws 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 863), an Act approved February 17, 1950 (Ga. Laws 1950, p. 2723), an Act approved March 6, 1962 (Ga. Laws 1962, p. 3136), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2436), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2226), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2429), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4216), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2916), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4410), an Act approved April 11, 1979 (Ga. Laws 1979, p. 3971), and an Act approved March 25, 1980 (Ga. Laws 1980, p. 3967), is hereby amended by striking from Section 1 the following: four thousand six hundred eighty dollars ($4,680.00), and inserting in lieu thereof the following: six thousand five hundred dollars ($6,500.00), so that when so amended Section 1 shall read as follows: Section 1. The compensation of the Treasurer of Haralson County shall be six thousand five hundred dollars ($6,500.00) per annum, payable in equal monthly installments from the general funds of Haralson County, which shall be his full compensation and in lieu of commissions. The treasurer shall also receive an expense account of one hundred eighty-five dollars ($185.00) per month which shall be paid from the general funds of Haralson County. The treasurer is

Page 3932

hereby authorized to direct the County Commissioner of Haralson County to pay any part of his salary as treasurer to any employee in his office and in such event, the salary of the treasurer shall be reduced by the amount of any such payments. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to change the compensation of the Treasurer of Haralson County; and for other purposes. George A. Kimball, Treasurer Georgia, Carroll 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: Jan. 1, 8, 15, 22, 1981. Sworn to on the 20 day of February, 1981. /s/ Stanley Parkman Publisher

Page 3933

Sworn to and subscribed before me, on the 20 day of February, 1981. /s/ Linda Spence. Notary Public (Seal). Approved April 6, 1981. HARALSON COUNTYCOMPENSATION OF COUNTY COMMISSIONER. No. 333 (House Bill No. 800). AN ACT To amend an Act creating the office of County Commissioner of Haralson County, approved August 16, 1915 (Ga. Laws 1915, p. 255), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3346), so as to change the compensation of the County Commissioner of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of County Commissioner of Haralson County, approved August 16, 1915 (Ga. Laws 1915, p. 255), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3346), is hereby amended by striking from subsection a. of Section 13 the following: eighteen thousand five hundred dollars ($18,500.00), and inserting in lieu thereof the following:

Page 3934

twenty-four thousand dollars ($24,000.00), so that when so amended subsection a. of Section 13 shall read as follows: a. The County Commissioner of Haralson County shall be compensated in the amount of twenty-four thousand dollars ($24,000.00) per annum, payable in equal monthly installments from the funds of Haralson County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to change the compensation of the commissioner of Haralson County; and for other purposes. Jim Frank Smith, Commissioner Georgia, Carroll 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: Jan. 1, 8, 15, 22, 1981. Sworn to on the 20 day of February, 1981.
Page 3935

/s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 20 day of February, 1981. /s/ Linda Spence Notary Public. (Seal). Approved April 6, 1981. HARALSON COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 334 (House Bill No. 801). AN ACT To amend an Act placing the sheriff and the 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 26, 1980 (Ga. Laws 1980, p. 4224), 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 the 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 26, 1980 (Ga. Laws 1980, p. 4224), is hereby amended by striking from Section 3 the following: $14,000.00,

Page 3936

and inserting in lieu thereof the following: $18,000.00, so that when so amended Section 3 shall read as follows: Section 3. The probate judge of Haralson County shall receive an annual salary of $18,000.00 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 1981 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 6th day of January, 1981. /s/ W. Harold Blackmon, Probate Judge

Page 3937

Georgia, Carroll 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: Jan. 8, 15, 22, 29, 1981. Sworn to on the 20 day of February, 1981. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 20 day of February, 1981. /s/ Linda Spence Notary Public. (Seal). Approved April 6, 1981. BARTOW COUNTYCOMPENSATION OF NAMED COUNTY OFFICIALS. No. 335 (House Bill No. 804). AN ACT To amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. Laws

Page 3938

1958, p. 2866), as amended, so as to change the compensation of the sheriff, the clerk of the Superior Court, and the judge of the Probate Court of Bartow County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. Laws 1958, p. 2866), as amended, is hereby amended by striking subsection (a) of Section 2 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The sheriff of Bartow County shall receive a base salary in the amount of $23,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the sheriff. (2) The sheriff shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 1982, the base salary of the sheriff shall be increased by 4 percent. For the purposes of this section only, the `base salary' of the sheriff shall be computed at $23,500.00 on January 1, 1982, and thereafter shall be computed at $23,500.00 plus any cost-of-living increases which have been received by the person serving as sheriff. Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The clerk of the Superior Court of Bartow County shall receive a base salary in the amount of $23,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. (2) The clerk of the superior court shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 1982, the base salary of the clerk of the superior court shall be increased by 4 percent. For the purposes of this section only, the `base salary' of the clerk shall be computed at $23,500.00 on January 1, 1982, and thereafter shall be

Page 3939

computed at $23,500.00 plus any cost-of-living increases which have been received by the person serving as clerk of the superior court. Section 3. Said Act is further amended by striking in its entirety subsection (a) of Section 4 and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The judge of the Probate Court of Bartow County shall receive a base salary in the amount of $23,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. (2) The judge of the probate court shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 1982, the base salary of the judge of the probate court shall be increased by 4 percent. For the purposes of this section only, the `base salary' of the judge of the probate court shall be computed at $23,500.00 on January 1, 1982, and thereafter shall be computed at $23,500.00 plus any cost-of-living increases which have been received by the person serving as judge of the probate court. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. Laws 1958 p. 2866) as amended; and for other purposes. This 22nd day of December, 1980.

Page 3940

/s/ Joe Frank Harris Representative, District 8 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following dates: December 25, 1980 January 1, 8, 1981. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3941

BARTOW COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 336 (House Bill No. 805). AN ACT To amend an Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. Laws 1958, p. 2683), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2455), so as to change the compensation of the tax commissioner of Bartow County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. Laws 1958, p. 2683), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2455), is hereby amended by striking subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The tax commissioner of Bartow County shall receive a base salary in the amount of $23,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the tax commissioner. All fees, commissions, costs, and all other perquisites collected by the tax commissioner shall be the property of Bartow County and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the source from which such fees, commissions, costs, or other perquisites were collected. (2) The tax commissioner shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 1982, the base salary of the tax commissioner shall be increased by 4 percent. For the purposes of this section only, the `base salary' of the tax commissioner shall be computed at $23,500.00 on January 1, 1982, and thereafter shall be computed at $23,500.00 plus any cost-of-living increases which have been received by the person serving as tax commissioner.

Page 3942

Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the office of tax commissioner of Bartow County approved March 17, 1958 (Ga. Laws 1958, p. 2683), as amended; and for other purposes. This 22nd day of December, 1980. /s/ Joe Frank Harris Representative, District 8 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following dates: December 25, 1980 January 1, 8, 1981. /s/ Joe Frank Harris Representative, 8th District

Page 3943

Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. BARTOW COUNTYCOMPENSATION OF COUNTY COMMISSIONER. No. 337 (House Bill No. 806). AN ACT To amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. Laws 1924, p. 276), as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 2984), an Act approved March 1, 1963 (Ga. Laws 1963, p. 2078, and an Act approved March 31, 1967 (Ga. Laws 1967, p. 2363), so as to change the compensation of the commissioner of Bartow County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. Laws 1924, p. 276), as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 2984), an Act approved March 1, 1963 (Ga. Laws 1963, p. 2078), and an Act approved March 31, 1967 (Ga. Laws 1967, p. 2363), is hereby amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows:

Page 3944

Section 16. The commissioner of Bartow County shall receive a base salary in the amount of $27,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. The commissioner shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 1982, the base salary of the commissioner shall be increased by 4 percent. For the purposes of this section only, the `base salary' of the commissioner shall be computed at $27,500.00 on January 1, 1982, and thereafter shall be computed at $27,500.00 plus any cost-of-living increases which have been received by the person serving as commissioner. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. Laws 1924, p. 276), as amended; and for other purposes. This 22nd day of December, 1980. /s/ Joe Frank Harris Representative, District 8 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he/she is Representative from the 8th District,

Page 3945

and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following dates: December 25, 1980 January 1, 8, 1981. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. LONG COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 338 (House Bill No. 808). AN ACT To amend an Act creating and establishing a Small Claims Court of Long County, approved March 25, 1980 (Ga. Laws 1980, p. 4110), so as to change the provisions relating to costs; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3946

Section 1. An Act creating and establishing a Small Claims Court of Long County, approved March 25, 1980 (Ga. Laws 1980, p. 4110), 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 plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule set forth in subsection (b) of this section, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. (b) The sum to be deposited by the plaintiff with the court shall be as follows: When the amount of the claim is: The deposit shall be: Up to $500 $ 10.00 Over $500 but not over $1,000 15.00 Over $1,000 but not over $1,500 20.00 Over $1,500 but not over $2,000 25.00 Over $2,000 30.00 (c) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3947

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the state legislature, a bill to change the filing fee in the small claims court of Long County, Ga. and other procedural matters for said court. Clinton Oliver State Representative, Long County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 5, 12, 19, 1981. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3948

TATTNALL COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 339 (House Bill No. 809). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Tattnall County into the office of tax commissioner of Tattnall County, approved April 17, 1975 (Ga. Laws 1975, p. 3299), so as to change the compensation of the tax commissioner; to change the compensation which may be paid to office personnel employed by the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Tattnall County into the office of tax commissioner of Tattnall County, approved April 17, 1975 (Ga. Laws 1975, p. 3299), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The tax commissioner shall receive an annual salary of not less than $15,000.00, the exact amount to be fixed by the governing authority of Tattnall County, and said salary shall be paid in equal monthly installments from the funds of Tattnall County. 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 tax commissioner shall have the authority to employ such personnel as needed by his 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, to fix their compensation, to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. However, it shall be within the sole discretion of the governing authority of said county to fix the total amount for compensation of such employees at an amount of not less than $15,000.00 annually.

Page 3949

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be Local Legislation introduced in the 1981 Georgia General Assembly to change the compensation of the Tax Commissioner and other purposes. This is to comply with the unanimous Resolution passed by the Tattnall County Board of Commissioners in Regular Session January 5, 1981. Frank McCall, Chairman Tattnall County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 8, 15, 22, 1981. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).

Page 3950

CITY OF COLLEGE PARKELECTIONS. No. 340 (House Bill No. 811). AN ACT To amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. Laws 1895, p. 251), and all amendatory Acts thereto, particularly an Act approved March 2, 1966 (Ga. Laws 1966, p. 2757), so as to change the date of the election of the mayor and members of the council; 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 College Park, approved December 16, 1895 (Ga. Laws 1895, p. 251), and all amendatory Acts thereto, particularly an Act approved March 2, 1966 (Ga. Laws 1966, p. 2757), is hereby amended by adding at the end of Section 1 of said amendatory Act, approved March 2, 1966 (Ga. Laws 1966, p. 2757), the following: Effective with the election to be held in 1981 and for each election thereafter, the election shall be held on the last Monday in October., so that when so amended Section 2 of said amendatory Act shall read as follows: Section 1. Mayor and CouncilmenElection. Said mayor shall be elected on the first Monday in December 1966 and shall hold office until December 31, 1969, and thereafter the term of office shall be four (4) years. Three (3) of said councilmen shall be elected on the first Monday in December, 1966 and shall hold office until December 31, 1969, and thereafter the term of office shall be four (4) years; and three (3) councilmen shall be elected on the first Monday in

Page 3951

December, 1967 and every four (4) years thereafter. Said mayor and councilmen shall be elected by the qualified voters of said city, and their term of office shall be for four (4) years from the date of their election or until the election and qualification of their successors, except as hereinbefore otherwise provided. Effective with the election to be held in 1981 and for each election thereafter, the election shall be held on the last Monday in October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of College Park, Georgia, intends to apply for the passage of local legislation at the 1981 Session of the General Assembly of Georgia, convening in January 1981, to amend the Charter of the City of College Park, Georgia (Georgia laws 1895, Page 251, et. Seq.) so as to provide for a change of date for the election of the Mayor and Council of the City of College Park, and for other purposes. Glaze and McNally City Attorneys City of College Park George E. Glaze Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virlyn B. Smith who, on oath, deposes and says that he/she is Representative from the 42nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: February 2, 9, 16, 1981.

Page 3952

/s/ Virlyn B. Smith Representative, 42nd District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. BARTOW COUNTYCOMPENSATION OF CORONER. No. 341 (House Bill No. 818). AN ACT To amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 4502), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 4502), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

Page 3953

Section 1. (a) (1) The compensation of the coroner of Bartow County, which is now based on a fee system, is hereby abolished and the salary of the coroner of Bartow County shall be $3,600.00 per annum to be paid in equal monthly installments from county funds. (2) The coroner shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 1982, the base salary of the coroner shall be increased by 4 percent. For the purposes of this section only, the `base salary' of the coroner shall be computed at $3,600.00 on January 1, 1982, and thereafter shall be computed at $3,600.00 plus any cost-of-living increases which have been received by the person serving as coroner. (3) In addition to the compensation provided in paragraphs (1) and (2), the governing authority of Bartow County, in its reasonable discretion, may reimburse to the coroner all or any part of his expenses incurred with respect to his official duties. (4) All fees, commissions, costs, and other perquisites collected by the coroner shall be the property of Bartow County and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs, and other perquisites were collected. (b) The coroner is authorized to appoint a deputy coroner to serve at the discretion of the coroner. The compensation and expenses of the deputy coroner, if any, shall be determined within the reasonable discretion of the governing authority of Bartow County and shall be paid out of county funds. The deputy coroner shall meet the same qualifications required of the coroner. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3954

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960 p. 2731), as amended; and for other purposes. This 22nd day of December 1980. /s/ Joe Frank Harris Representative, District 8 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following dates: December 25, 1980 January 1, 8, 1981. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3955

LAMAR COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 342 (House Bill No. 820). AN ACT To amend an Act abolishing the fee system of compensating the judge of the Probate Court of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2636), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3595), so as to change the compensation of the judge of the probate court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the judge of the Probate Court of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2636), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3595), is hereby amended by striking from Section 2 of said Act the following: $14,000.00, and substituting in lieu thereof the following: $15,000.00, so that when so amended Section 2 of said Act shall read as follows: Section 2. The judge of the probate court shall receive an annual salary of $15,000.00. Said salary shall be paid in equal monthy installments from the funds of Lamar County.

Page 3956

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 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: James W. Butler, Chairman State of Georgia. Before the undersigned officer, duly authorized by law to administer oaths, in person, came Walter B. Geiger, Jr., who, after first being sworn, states as follows: That he/she is Publisher of the Barnesville Herald-Gazette, the official newspaper of Lamar County, Georgia; and that the following notice was published in The Barnesville Herald-Gazette for four consecutive weeks, to-wit: Jan. 28, Feb. 4, Feb. 11, 1981. /s/ Walter B. Geiger, Jr. Publisher

Page 3957

Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Katherine K. Williams Notary Public, State of Georgia. My Commission Expires Aug. 3, 1984. (Seal). Approved April 6, 1981. FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY ACT AMENDED. No. 344 (House Bill No. 827). AN ACT To amend an Act creating the Fitzgerald and Ben Hill County Development Authority, approved February 26, 1963 (Ga. Laws 1963, p. 2003), so as to clarify that revenue-anticipation bonds issued by the Authority shall be issued and validated in accordance with the applicable provisions of the Revenue Bond Law, as now or hereafter amended; to provide that the interest rate on or to be borne by any obligation issued by the Authority shall be fixed by the members of the Authority and any limitations with respect to interest rates found in the Revenue Bond Law shall not apply to obligations issued by said Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Fitzgerald and Ben Hill County Development Authority, approved February 26, 1963 (Ga. Laws 1963, p. 2003), is hereby amended by striking subsection (1) of Section 6 of said Act, which reads as follows:

Page 3958

(1) To issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation bonds shall be issued and validated in the Superior Court of Ben Hill County under and in accordance with the applicable provisions of the Act of the General Assembly of 1937, (Ga. L. 1937, pp. 761-774), and as subsequently amended by the Revenue Bond Law (Ga. L. 1957, pp. 36 et seq.), providing for the issuance of revenue-anticipation bonds., and by substituting in lieu thereof a new subsection (1) of Section 6 to read as follows: (1) To issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation bonds shall be issued and validated in the Superior Court of Ben Hill County, Georgia, under and in accordance with the applicable provisions of the `Revenue Bond Law' (Ga. Laws 1937, pp. 761-774), as now or hereafter amended, providing for the issuance of revenue bonds; except, however, the interest rate on or rates to be borne by any bonds, notes, or other obligations of the Authority shall be fixed by the members of the Authority and any limitations with respect to interest rates found in said `Revenue Bond Law' shall not apply to obligations issued by said Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. In conformity and compliance with the provisions of Article III, Section VII, Paragraph IX of the Constitution of Georgia, and which is codified as Section 2-1309 of the Code of Georgia Annotated, notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session convening in January, 1981, a local or special bill affecting the Fitzgerald and Ben Hill County Development Authority, the title or caption of which reads as follows: An Act to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, approved February 26, 1963, (Georgia Laws 1963, p. 2003 et seq.), so as to clarify that revenue-anticipation

Page 3959

bonds issued by the Authority shall be issued and validated in accordance with the applicable provisions of the Revenue Bond Law as now or hereafter amended; to provide that the interest rate on or to be borne by any obligation issued by the Authority shall be fixed by the members of the Authority and any limitations with respect to interest rates found in the Revenue Bond Law shall not apply to obligations issued by said Authority; to repeal conflicting laws, and for other purposes. This 26th day of January, 1981. /s/ Gerald H. Thompson, Chairman Fitzgerald and Ben Hill County Development Authority Georgia, Ben Hill County. Personally appeared before the undersigned, an officer authorized by law to administer oaths, Gerald W. Pryor, who after being first duly sworn on oath says that he is the Publisher of the Fitzgerald Herald and Leader, the newspaper in which Sheriff's advertisements for Ben Hill County are published, and that the attached copy of notice of intention to introduce local legislation was published in the Fitzgerald Herald and Leader on the following dates: January 29, 1981, February 5, 1981, February 12, 1981. /s/ Gerald W. Pryor Sworn to and subscribed before me, this 12 day of February, 1981. /s/ Edna F. McGee Notary Public. Ben Hill County, Georgia. (Seal). Approved April 6, 1981.

Page 3960

CITY OF HARTWELLELECTIONS, PROHIBITED POLITICAL ACTIVITY. No. 345 (House Bill No. 828). AN ACT To amend an Act creating a new charter for the City of Hartwell, approved April 3, 1972 (Ga. Laws 1972, p. 3743), so as to prohibit the mayor or councilmen from running for certain city offices without resigning from the office held; to change certain prohibitions relating to officers or employees of the city running for office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hartwell, approved April 3, 1972 (Ga. Laws 1972, p. 3743), is hereby amended by striking from Section 3.05 the following: elected office., and inserting in lieu thereof the following: city office. No councilmen or mayor may run for any city office except the one presently held without first resigning from such office., so that when so amended said Section 3.05 shall read as follows: Section 3.05. Political Activity Prohibited. Be it further enacted, that no officer or employee of the city, other than the mayor and councilmen shall continue in the employment of the city after becoming a candidate for nomination or election to any city office. No councilmen or mayor may run for any city office except the one presently held without first resigning from such office.

Page 3961

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 1981 Session of the General Assembly of Georgia, a bill to amend Section 3.05. Political Activity Prohibited, of the Charter for the City of Hartwell, Georgia, which provides: Section 3.05. Political Activity Prohibited. Be it further enacted, that no officer or employee of the city, other than the mayor and councilmen shall continue in the employment of the city after becoming a candidate for nomination or election to any elected office; so that after its enactment it will provide as follows: Section 3.05. Political Activity Prohibited. Be it further enacted, that no officer or employee of the city, other than the mayor and councilmen shall continue in the employment of the city after becoming a candidate for nomination or election to any city office. No councilmen or mayor may run for any city office except the one presently held without first resigning from such office. This, the 8th day of January, 1981. /s/ Ellis D. Foster, Administrator, City of Hartwell, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: January 1, 8, 15, 1981. /s/ Billy Milford Representative, 13th District

Page 3962

Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. HART COUNTYCOMPENSATION OF CORONER. No. 346 (House Bill No. 829). AN ACT To amend an Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. Laws 1965, p. 2561), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. Laws 1965, p. 2561), is hereby amended by striking from Section 2 thereof the following: $1,200.00,

Page 3963

and inserting in lieu thereof the following: $2,400.00, so that when so amended said Section 2 shall read as follows: Section 2. The coroner shall receive an annual salary in the amount of $2,400.00 payable in equal monthly installments from the funds of Hart 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. This is to serve notice that there will be introduced in the General Assembly a change in the compensation of the coroner, etc. /s/ Bob Powell Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: January 1, 8, 15, 1981. /s/ Billy Milford Representative, 13th District

Page 3964

Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. HART COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 347 (House Bill No. 830). AN ACT To amend an Act placing the clerk of the superior court and probate judge of Hart County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2285), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3223), 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 and probate judge of Hart County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2285), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3223), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows: Section 2. The clerk of the superior court shall receive an annual salary of $8,400.00, payable in equal monthly installments from the funds of Hart County.,

Page 3965

and inserting in lieu thereof the following: Section 2. The clerk of the superior court shall receive an annual salary in the same amount as that provided for the sheriff of Hart County pursuant to an Act providing minimum salaries for sheriffs, approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter amended. This salary shall be payable in equal monthly installments from the funds of Hart 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. This is to serve notice that there will be introduced in the General Assembly a change in the compensation of the Clerk of the Superior Court, etc. /s/ Betty W. Isbell Clerk Hart Superior Court Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: January 1, 8, 15, 1981. /s/ Billy Milford Representative, 13th District

Page 3966

Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. HART COUNTYBOARD OF FINANCE. No. 348 (House Bill No. 831). AN ACT To amend an Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. Laws 1959, p. 2580), as amended, particularly by an Act approved February 28, 1962 (Ga. Laws 1962, p. 2479) and an Act approved February 28, 1966 (Ga. Laws 1966, p. 2622), so as to change the compensation and meeting dates, times, and places of the board of finance; to provide 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 bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. Laws 1959, p. 2580), as amended, particularly by an Act approved February 28, 1962 (Ga. Laws 1962, p.

Page 3967

2479) and an Act approved February 28, 1966 (Ga. Laws 1966, p. 2622), is hereby amended by striking in its entirety Section 6 thereof, which reads as follows: Section 6. The board of finance shall hold a meeting on the second Monday in each month at which meeting the board shall transact such business as may come before it. The board shall hold such other meetings as shall be called by the chairman or by a majority of the members of the board. The board may also appoint or designate any one of its members to transact such business connected with the duties of the board, between regular meetings, as the board deems proper. All meetings of the board shall be held in the commissioner's office in the courthouse in Hartwell, Ga., and inserting in lieu thereof the following: Section 6. The board of finance shall hold at least two regular meetings each month, at which meetings the board shall transact such business as may come before it. One of the meetings shall be held on the second Monday in each month. The other meeting shall be held at such time as the board shall prescribe by ordinance or resolution. At least one of the two regular meetings shall be an evening meeting held after seven o'clock P.M. local time. The board shall hold such other meetings as shall be called by the chairman or by a majority of the members of the board. The board may also appoint or designate any one of its members to transact such business connected with the duties of the board, between regular meetings, as the board deems proper. All meetings of the board shall be held in the commissioner's office in the courthouse in Hartwell, Georgia, except that any meeting may be held in any other room in said courthouse if notice of such meeting room is posted on the door of said commissioner's office. Section 2. Said Act is further amended by striking from Section 11 thereof the following: two hundred ($200.00) dollars, and inserting in lieu thereof the following: $300.00,

Page 3968

so that when so amended said Section 11 shall read as follows: Section 11. Each member of the board shall be compensated in the amount of $300.00 per month. Before entering upon the duties of his office, each member, except the chairman, shall give bond and security in the amount of five hundred ($500.00) dollars and the chairman shall give bond and security in the amount of ten thousand ($10,000.00) dollars, payable to the judge of the probate court of said county. Each member shall take an oath to faithfully perform the duties of his office, and the oath and bond shall be recorded in the office of the judge of the probate court. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1981 Session of the General Assembly of Georgia, a bill to change the number and time of regular meetings of the Hart County Board of Finance and the compensation of its members, to allow for meetings of the Hart County Board of Finance to be held at any reasonable place in the Hart County Courthouse, and for other purposes. This 20th day of January, 1981. Hart County Board of Finance /s/ Alan T. Powell, Chairman /s/ Hubert O. Moon /s/ H. Kenneth York

Page 3969

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: January 1, 8, 15, 1981. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CLARKE COUNTYCOMPENSATION OF NAMED COUNTY OFFICIALS. No. 349 (House Bill No. 835). AN ACT To amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the probate judge) on a

Page 3970

salary system of compensation, approved March 7, 1972 (Ga. Laws 1972, p. 2084), so as to change the provisions authorizing the governing authority of Clarke County to increase the base or supplementary salaries of the clerk and ordinary (now known as 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 clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the probate judge) on a salary system of compensation, approved March 7, 1972 (Ga. Laws 1972, p. 2084), is hereby amended by striking subsection (c) of Section 2 in its entirety and inserting in lieu thereof a new subsection (c) of Section 2 to read as follows: (c) The governing authority of Clarke County is hereby authorized to increase the base or supplementary salaries, or both, of the clerk and probate judge provided for in subsections (a) and (b) of this section by the adoption of a resolution providing for such increase. 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 local legislation will be introduced in the 1981 Session of the General Assembly of Georgia to amend an Act placing the Clerk of Superior Court of Clarke County and Clerk of the State Court of Clarke County and the Ordinary (now Probate Judge) of Clarke County on a salary system of compensation and providing for other matters, approved March 7, 1972 (Ga. Laws 1972, p. 2084). This 24th day of December, 1980.

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Board of Commissioners of Clarke County, Georgia Hugh Logan Representative, District 62 Bob Argo Representative, District 63 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Argo who, on oath, deposes and says that he/she is Representative from the 63rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following dates: January 8, 15, 22, 1981. /s/ Bob Argo Representative, 63rd District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3972

ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITYPOWERS. No. 350 (House Bill No. 837). AN ACT To grant to the Athens-Clarke County Industrial Development Authority created by an amendment to the constitution of Georgia ratified at the general election held November 8, 1960 (Ga. Laws 1960, page 1379, et seq.), additional powers to carry out the public purpose for which it was created by authorizing it: to issue revenue bonds to finance the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities for the benefit of industrial users; to issue its revenue bonds to finance the acquisition of lands, properties and improvements for development, expansion and promotion of industry and the construction of building and plants or the acquisition of equipment by lending the proceeds derived from the sale of the revenue bonds to the user of the facilities being financed; to provide for certain findings by the Authority prior to the issuance of its revenue bonds; to provide that interest rates to be borne by bonds, notes, certificates or obligations of any kind issued by the Authority which evidence any repayment obligation for money borrowed shall be exempt from all laws of the State governing usury or prescribing or limiting interest rates on any such bonds, notes, certificates or obligations which evidence any repayment obligation for money borrowed; to provide for the fixing of the interest rate or rates to be borne by any such bonds, notes, certificates or obligations which evidence any repayment obligation for money borrowed; to provide that the interest rate or rates to be borne by any such bonds, notes, certificates or obligations which evidence any repayment obligation for money borrowed may float in response to a variable; 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. DEFINITIONS. As used in this Act: (a) The term Assisted Person means any private persons, firms, or corporations for which a project is undertaken or proposed to be undertaken.

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(b) The term Authority shall mean the Athens-Clarke County Industrial Development Authority created pursuant to an amendment to the Constitution of Georgia ratified at the general election held on November 8, 1960 (Ga. Laws 1960, p. 1379, et seq.). (c) The term Authority Act shall mean the above referred to Constitutional amendment pursuant to which the Authority was created. (d) The term Bonds shall mean any bonds, notes, certificates or obligations of any kind issued by the Authority to evidence any repayment obligation for money borrowed by the Authority. (e) The term Cost with respect to any Project herein authorized shall have the same meaning as the definition of cost of project in the Authority Act. (f) The term Industrial Project shall mean projects consisting of lands, properties and improvements for development, expansion and promotion of industry and the construction of buildings and plants or the acquisition of equipment for the use and benefit of Assisted Persons. (g) The term Pollution Control Project shall mean the acquisition, construction, improvement or modification of any property, real or personal, to be 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 operation or the continued operation of the industry or the industries which the same is to serve and is necessary for the public welfare. For purposes hereof, the term air pollution control facility shall mean any property used primarily to abate or control atmospheric pollution or contamination by removing, containing, altering, disposing or storing atmospheric pollutants or contaminants if such facility is in furtherance of Federal, State or local standards for control of atmospheric pollution or contaminants. For the purposes hereof, the term water pollution control facility shall mean any property used primarily to control water pollution by removing, storing, altering or disposing of pollutants, contaminants, wastes or heat, including, but not limited to, the necessary intercepting sewers, outfall sewer pumping, power and other equipment, holding ponds, lagoons and appurtenances thereto, if such facility is in furtherance of Federal, State or local standards for the control of water pollution.

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Section 2. PURPOSE. It is the purpose of this Act to grant to the Authority additional powers so that the Authority may more effectively carry out the purpose for which it was created, namely expanding and developing industry in Athens and Clarke County and for improving the general welfare of said City and County. Section 3. ADDITIONAL POWERS GRANTED. The Authority is hereby empowered, in addition to the powers granted to it pursuant to the aforesaid constitutional amendment, to exercise the powers granted to it by this Act. Section 4. FINANCING OF POLLUTION CONTROL PROJECTS AUTHORIZED. The Authority may issue Bonds to finance, for the benefit of Assisted Persons, Pollution Control Projects if any Federal, State or local agency having jurisdiction in the premises shall have certified that the project is necessary for the operation or the continued operation of the industry or industries which the same is to serve and is necessary for the public welfare. Section 5. FINANCING OF INDUSTRIAL PROJECTS AUTHORIZED. The Authority may issue Bonds to finance, for the benefit of the Assisted Persons, Industrial Projects. Section 6. USE OF BOND PROCEEDS. The Authority may use the proceeds derived from the sale of Bonds to finance the cost of any Pollution Control Project or any Industrial Project by acquiring the Project in the name of the Authority for the purpose of leasing or selling the same to the Assisted Person for whom the Project is undertaken, or by lending the proceeds of the sale of the Bonds to such Assisted Person so that the Project may be acquired by the Assisted Person directly, all as shall be provided in the resolution adopted by the Authority to authorize the issuance of the Bonds. Section 7. CONDITIONS PRECEDENT TO ISSUANCE OF BONDS. Prior to the issuance of any Bonds by the Authority for the benefit of any Assisted Person, the Assisted Person shall have become irrevocably obligated, by whatever type of contract is deemed to be appropriate in connection with the form of the transaction selected, to make payments to the Authority at appropriate times and in amounts which are at least sufficient to permit the payment of the principal of, premium (if any) and the interest on the Bonds as the same mature and become payable, and all costs and expenses in connection therewith.

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Section 8. VALIDATION. Bonds issued to finance Projects authorized pursuant to this Act shall be validated pursuant to the provisions of the Revenue Bond Law (Ga. Laws 1937, page 761, et seq.), as now or hereafter amended. Section 9. INTEREST RATES. Any Bonds issued by the Authority shall be exempt from all laws of the State governing usury or prescribing or limiting interest rates to be borne by any such Bonds. The interest rate or rates to be borne by any Bonds issued by the Authority shall be fixed, and with respect to any interest rate which floats in response to a variable the method of calculation shall be fixed, by the governing body of the Authority in the resolution adopted by the governing body of the Authority authorizing the issuance of any such Bonds. Section 10. REPEALER. All provisions in all laws are hereby repealed to the extent the same are in conflict with the provisions of this Act. Section 11. CONSTRUCTION OF ACT. The provisions of this Act shall be liberally construed to effect the purposes hereof, and insofar as the provisions of this Act may be inconsistent with the provisions of any other law, this Act shall control. Section 12. SEVERABILITY. The provisions of this Act are hereby declared to be severable. If any provision of this Act or the application of such provision to any circumstance is held invalid for any reason whatsoever, the remainder of this Act or the application of the provision to other circumstances shall not be affected thereby. Section 13. EFFECTIVE DATE. This Act shall become effective upon its approval by the Governor or upon its becoming law without the Governor's approval. Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1981 Session of the General Assembly of Georgia to grant additional powers to the Athens-Clarke County Industrial Development Authority to carry out the public purpose for which it was created by an amendment to the Constitution of Georgia ratified at the general election held November 8, 1960 (Ga. Laws 1960, page 1379, et seq.).

Page 3976

This 6th day of January, 1981. T. H. Millner, Jr. Chairman, Athens-Clarke County Industrial Development Authority Georgia, Clarke County. Publisher's Affidavit This is to certify that the attached advertisement was published in the Athens Observer, Athens, Georgia, a newspaper of general circulation in the State and County above and the newspaper which the advertisements of the Sheriff of Clarke County, are published, and that the attached was published on January 1, 15, 22, 1981. Certified this 6th day of February, 1981. /s/ R. M. McCommons Publisher, Athens Observer Sworn to and subscribed before me, this 6th day of February, 1981. /s/ Upshaw C. Bentley, Jr. Notary Public. (Seal). Approved April 6, 1981.

Page 3977

CLARKE COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 351 (House Bill No. 839). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Clarke County into the office of the tax commissioner of Clarke County, approved March 7, 1972 (Ga. Laws 1972, p. 2078), so as to change the provisions authorizing the governing authority of Clarke County to increase the base and supplementary salaries 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 Clarke County into the office of the tax commissioner of Clarke County, approved March 7, 1972 (Ga. Laws 1972, p. 2078), is hereby amended by striking from subsection (b) of Section 3 the last sentence, which reads as follows: Any such resolution shall be adopted during the first quarter of the last calendar year of the term of office of the tax commissioner, and the salary or salaries established by such resolution shall not become effective until the beginning of the new term of office immediately following the adoption of such resolution., so that when so amended subsection (b) of Section 3 of that Act shall read as follows: (b) The governing authority of Clarke County is hereby authorized to increase the base or supplementary salaries, or both, of the tax commissioner by the adoption of a resolution providing for such increase. 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 3978

Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1981 Session of the General Assembly of Georgia to amend an Act consolidating and combining the offices of tax receiver and tax collector of Clarke County into the one office of tax commissioner of Clarke County, approved March 7, 1972 (Ga. Laws 1972, p. 2078). This 24th day of December, 1980. Board of Commissioners of Clarke County, Georgia Hugh Logan Representative, District 62 Bob Argo Representative, District 63 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Argo who, on oath, deposes and says that he/she is Representative from the 63rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following dates: January 8, 15, 22, 1981. /s/ Bob Argo Representative, 63rd District

Page 3979

Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF DUBLINCHARTER AMENDED. No. 352 (House Bill No. 841). AN ACT To amend an Act providing a new charter for the City of Dublin, Georgia, approved April 11, 1979 (Ga. Laws 1979, p. 3568), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3189), so as to reverse the ward numbers for wards 3 and 4; to change the method of filling vacancies for the office of Mayor or of a Council member; to provide 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, approved April 11, 1979 (Ga. Laws 1979, p. 3568), as amended, particularly by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3189), is hereby amended by striking subsection (a) of Section 3.3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The four ward Council members shall be elected from four separate, single-member districts called wards, and numbered 1, 2, 3, and 4. The boundaries of the wards shall be as specifically set forth in

Page 3980

the order of the United States District Court for the Southern District of Georgia, Dublin Division, on October 8, 1975, in Civil Action Number CV374-14, and the numbers of the wards shall be the same as set forth in said order except that ward 3 and ward 4 shall be reversed. The boundaries of the four wards shall at all times be shown on a map to be retained permanently in the Office of the city Clerk and to be designated: `Official Map of the Council Wards of the City of Dublin, Georgia,' Territory annexed to the City shall become a part of the ward it abuts. If any such annexed territory abuts more than one ward, the dividing line between the wards shall be extended along its present course to make the division. Section 2. Said Act is further amended by striking Section 3.10 in its entirety and substituting in lieu thereof a new Section 3.10 to read as follows: Section 3.10. Filling of Vacancies. (a) Any vacancy occurring in the office of Mayor or Council member within the last 180 days of any term of office shall be filled by a vote of a majority of the remaining members of the Mayor and Council appointing a person to serve out the unexpired term of office and until a successor is regularly elected at the next general election for electing municipal officers and until that successor is qualified. (b) Any vacancy occurring in the office of Mayor or Council member other than as provided in subsection (a) shall be filled by a special election called by the Mayor and Council within 10 days after said vacancy occurs. Such special election shall be conducted at the time of the next general election for electing municipal officers if such general election occurs not less than 45 and not more than 180 days after such vacancy occurs. Otherwise, such special election shall be conducted not less than 30 and not more than 45 days after the issuance of the call. If the special election is not to be held within 60 days after the vacancy occurs, the vacancy shall be filled by a vote of a majority of the remaining members of the Mayor and Council appointing a person to serve until a successor is elected at the special election provided in this subsection and until that successor is qualified. (c) A person appointed by the Mayor and Council to fill a vacancy shall take the oath of office and commence serving at the meeting of the Mayor and Council at which such appointment is made or as soon thereafter as practical. A successor elected to fill a

Page 3981

vacancy at the special election provided in this Section shall take the oath of office and commence serving at the next regular meeting of the Mayor and Council following certification of the results of the special election or as soon thereafter as practical and shall serve out the unexpired term of office and until the election and qualification of a successor. 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 Intent to Introduce Local Legislation. Legislation will be introduced in the 1981 Session of the General Assembly of Georgia to amend the Charter of the City of Dublin, Georgia. J. Roy Rowland Representative, 119th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland who, on oath, deposes and says that he/she is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: January 3, 10, 17, 1981. /s/ J. Roy Rowland Representative, 119th District

Page 3982

Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. LAURENS COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 353 (House Bill No. 840). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Laurens County into the office of Tax Commissioner of Laurens County, approved February 12, 1952 (Ga. Laws 1952, p. 2327), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3956), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Laurens County into the office of Tax Commissioner of Laurens County, approved February 12, 1952 (Ga. Laws 1952, p. 2327), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3956), is hereby amended by striking from Section 3 the following: $17,617.00,

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and inserting in lieu thereof the following: $19,617.00, so that when so amended Section 3 shall read as follows: Section 3. The Tax Commissioner of Laurens County shall be compensated in the amount of $19,617.00 per annum, to be paid in equal monthly installments from the funds of Laurens County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees, or charges of any kind, whatsoever, heretofore or hereafter received by said tax commissioner. It is hereby specifically provided that he shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be accounted for by the tax commissioner as such. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Ad. Notice is hereby given that there will be introduced in the 1981 regular session of the General Assembly of Georgia, a bill to alter the compensation of the Tax Commissioner of Laurens County, Georgia, to provide an effective date, and for other purposes. Leon Green County Attorney

Page 3984

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland who, on oath, deposes and says that he/she is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: February 7, 14, 21, 1981. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. JOHNSON COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 354 (House Bill No. 859). AN ACT To amend an Act creating a board of commissioners for Johnson County, approved March 27, 1941 (Ga. Laws 1941, p. 887), as

Page 3985

amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3863), so as to change the compensation and expense allowance of the chairman and members of said board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Johnson County, approved March 27, 1941 (Ga. Laws 1941, p. 887), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3863), is hereby amended by striking in its entirety Section 11 thereof, which reads as follows: Section 11. The chairman of said board shall receive an annual salary of $2,400.00 and the other members of said board shall receive an annual salary of $2,100.00. In addition to their salaries, the chairman shall receive an expense allowance of one hundred fifty dollars ($150) per month and each of the other members of the board shall receive an expense allowance of one hundred twenty-five dollars ($125) per month. Such salaries and expense allowances shall be paid monthly out of the general funds of the county. Shall it be necessary for any member of said board to transact business for the county outside the limits of said County of Johnson, then his or their actual expenses shall also be paid out of the general funds of the county., and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The chairman of said board shall receive an annual salary of $3,000.00 and the other members of said board shall receive an annual salary of $2,700.00. In addition to their salaries, the chairman shall receive an expense allowance of $225.00 per month and each of the other members of the board shall receive an expense allowance of $175.00 per month. Such salaries and expense allowances shall be paid monthly out of the general funds of the county. Shall it be necessary for any member of said board to transact business for the county outside the limits of said County of Johnson, then his or their actual expenses shall also be paid out of the general funds of the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. There will be a Bill introduced into the 1981 Session of General Assembly to change compensation for the County Commissioners of Johnson County and for other purposes. Jimmy Lord 105 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 22, 29, and February 5, 1981. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3987

WASHINGTON COUNTYCOMPENSATION OF SHERIFF, ETC. No. 355 (House Bill No. 860). 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) and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3508), so as to change the compensation of the sheriff and various personnel in the sheriff's office; to provide for additional compensation to certain supervisory personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of 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) and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3508), is hereby amended by striking from Section 2 thereof the following: not less than $13,350.00 per annum and not more than $16,000.00 per annum, and inserting in lieu thereof the following: not less than $17,800.00 per annum and not more than $25,000.00 per annum, so that when so amended said Section 2 shall read as follows: Section 2. The Sheriff of Washington County shall receive an annual salary not less than $17,800.00 per annum and not more than $25,000.00 per annum, the exact amount to be determined by the governing authority of Washington County. The sheriff shall be paid in equal monthly installments from the funds of Washington County. It is specifically stipulated that the annual salary provided herein for the sheriff shall be in lieu of all fees, fines, forfeitures, commissions,

Page 3988

costs, allowances, penalties, funds, moneys, salaries, and all other emoluments and perquisites of whatever kind formerly allowed him as compensation for services in any capacity, including services as Sheriff of the City of Sandersville. Section 2. Said Act is further amended by striking in its entirety Section 5 thereof, which reads as follows: Section 5. The Sheriff of Washington County shall be authorized to recommend, appoint and determine, within the limits provided herein, the number and salary of, and persons to serve as, each of the following sheriff's office personnel: not less than and not more than one chief deputy, to be compensated in an amount not less than $7,800.00 per annum and not more than $12,000.00 per annum; not less than five and not more than ten regular deputies, each of which shall be compensated in an amount not less than $6,825.00 per annum and not more than $10,800.00 per annum; not less than one and not more than two clerks, each of which shall be compensated in an amount not less than $6,000.00 per annum and not more than $7,300.00 per 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., and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The Sheriff of Washington County shall be authorized to recommend, appoint and determine, within the limits provided

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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 $12,000.00 per annum and not more than $16,000.00 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 $10,000.00 per annum and not more than $14,000.00 per annum, but the sheriff may compensate any supervisory regular deputies in an amount not to exceed the amount payable to nonsupervisory regular deputies plus 8 percent of such amount; 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 per annum 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 $5,000.00 per annum and not more than $11,000.00 per annum, but the sheriff may compensate any supervisory jailer-dispatchers in an amount not to exceed the amount payable to nonsupervisory jailer-dispatchers plus 8 percent of such amount; 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 $12,000.00 per annum and not more than $18,000.00 per annum, provided, such investigator shall have completed at least two years of college and have obtained at least an associate degree therefrom in criminal justice or such investigator shall have served at least five years as a peace officer, as defined in section 2 of the Georgia Peace Officer Standards and Training Act, as amended, and shall meet each requirement specified in subsections (a) through (h) of section 8 of the Georgia Peace Officer Standards and Training Act, as amended. All such personnel shall be paid in equal monthly installments from the funds of Washington County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name such personnel and to prescribe their duties and assignments and to remove or replace any such deputies at will. Two deputies shall be assigned to the night patrol. Section 3. This Act shall become effective on the first day 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 3990

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 1981 General Assembly of Georgia to amend the act to change the compensation of the Sheriff of Washington County, Georgia, and his employees, and for other purposes. Jimmy Lord Representative, District 105 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following dates: February 5, 12, 19, 1981. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3991

WASHINGTON COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 356 (House Bill No. 861). AN ACT To amend an Act abolishing the fee system of compensation of the clerk of the superior court of Washington County and establishing in lieu thereof an annual salary, approved March 12, 1965 (Ga. Laws 1965, p. 2392), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3854), 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 abolishing the fee system of compensation of the clerk of the superior court of Washington County and establishing in lieu thereof an annual salary, approved March 12, 1965 (Ga. Laws 1965, p. 2392), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3854), is hereby amended by striking from Section 2 thereof the following: not more than $16,500, payable in equal monthly installments, and inserting in lieu thereof the following: not more than $20,000, payable in equal monthly installments from funds of Washington County, so that when so amended said Section 2 shall read as follows: Section 2. The governing authority of Washington County shall fix the annual salary of the clerk of the superior court at an amount not less than $15,100 and not more than $20,000, payable in equal

Page 3992

monthly installments from funds of Washington County. It is specifically declared that the annual salary provided herein for the clerk of the superior court shall be in lieu of all fees, fines, forfeitures, monies, salaries, and other emoluments and perquisites of whatever kind formerly allowed him as compensation for services in any capacity. Section 2. This Act shall become effective on the first day 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 1981 General Assembly of Georgia to amend the act to change the compensation of the Clerk of Superior Court of Washington County, Georgia, and for other purposes. Jimmy Lord Representative of District 105 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following dates: February 2, 12, 19, 1981. /s/ Jimmy Lord Representative, 105th District

Page 3993

Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. GLASCOCK COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 357 (House Bill No. 862). AN ACT To provide for a supplement to the compensation of the clerk of the Superior Court of Glascock County to be paid out of the funds of Glascock County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to all other fees, commissions, costs, or any other perquisites presently being received by the clerk of the Superior Court of Glascock County, the governing authority of Glascock County is hereby authorized and directed to supplement the compensation of the clerk in an amount determined by said governing authority but not to exceed $4,992.00 per annum. Such supplement shall be paid to the clerk in equal monthly installments out of the funds of Glascock County.

Page 3994

Section 2. This Act shall become effective on the first day 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. There will be introduced into next term of the General Assembly of the State of Georgia a bill to authorize the supplement of the Clerk of Superior Court of Glascock County and for other purposes. Jimmy Lord Representative, 105 District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gibson Record and Guide which is the official organ of Glascock County, on the following dates: January 16, 23, 30, 1981. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 3995

GLASCOCK COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 358 (House Bill No. 863). AN ACT To amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County, approved March 28, 1974 (Ga. Laws 1974, p. 3567), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3732), so as to change the supplement to the compensation of the Judge of the Probate Court of Glascock County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County, approved March 28, 1974 (Ga. Laws 1974, p. 3567), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3732), is hereby amended by striking from Section 1 thereof the following: in the amount of $3,600.00 per annum, and inserting in lieu thereof the following: in an amount determined by said governing authority but not to exceed $5,568.00 per annum, so that when so amended Section 1 shall read as follows: Section 1. In addition to all other fees, commissions, costs or any other perquisites presently being received by the Judge of the Probate Court of Glascock County, the governing authority of Glascock County is hereby authorized and directed to supplement the compensation

Page 3996

of the judge of the probate court in an amount determined by said governing authority but not to exceed $5,568.00 per annum, and such supplement shall be paid to the judge of the probate court in equal monthly installments out of the funds of Glascock County. Section 2. This Act shall become effective on the first day 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. There will be introduced into next term of the General Assembly of the State of Georgia a bill to change the supplement of the Probate Judge of Glascock County and for other purposes. Jimmy Lord Representative, 105 District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gibson Record and Guide which is the official organ of Glascock County, on the following dates: January 16, 23, 30, 1981. /s/ Jimmy Lord Representative, 105th District

Page 3997

Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. WASHINGTON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 359 (House Bill No. 864). AN ACT To amend an Act placing the Tax Commissioner of Washington County upon an annual salary and abolishing the fee system of compensation, approved March 29, 1971 (Ga. Laws 1971, p. 2292), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3863), so as to change the compensation of said tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Tax Commissioner of Washington County upon an annual salary and abolishing the fee system of compensation, approved March 29, 1971 (Ga. Laws 1971, p. 2292), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3863), is hereby amended by striking from Section 2 thereof the following: not more than $16,500,

Page 3998

and inserting in lieu thereof the following: not more than $20,000, so that when so amended said Section 2 shall read as follows: Section 2. The governing authority of Washington County shall fix the annual salary of the Tax Commissioner in an amount not less than $14,000 and not more than $20,000. Section 2. This Act shall become effective on the first day 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 1981 General Assembly of Georgia to amend the act to change the compensation of the Tax Commissioner of Washington County, Georgia, and for other purposes. Jimmy Lord Representative, District 105 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following dates: February 5, 12, 19, 1981.

Page 3999

/s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. WASHINGTON COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 360 (House Bill No. 865). AN ACT To amend an Act placing the Judge of the Probate Court of Washington County upon an annual salary and abolishing the fee system, approved March 29, 1971 (Ga. Laws 1971, p. 2289), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3858), so as to change the compensation of said judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Washington County upon an annual salary and abolishing the fee system, approved March 29, 1971 (Ga. Laws 1971, p. 2289), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws

Page 4000

1979, p. 3858), is hereby amended by striking from Section 2 thereof the following: not more than $14,500, and inserting in lieu thereof the following: not more than $18,500, so that when so amended said Section 2 shall read as follows: Section 2. The governing authority of Washington County shall fix the annual salary of the Judge of the Probate Court in an amount not less than $12,200 and not more than $18,500, payable in equal monthly installments. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to 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 1981 General Assembly of Georgia to amend the act to change the compensation of the Probate Judge of Washington County, Georgia, and for other purposes. Jimmy Lord Representative, District 105

Page 4001

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: February 5, 12, 19, 1981. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. HENRY COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 361 (House Bill No. 866). 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), as

Page 4002

amended by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3958), so as to change the jurisdiction of the court; 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), as amended by an Act approved March 25, 1980 (Ga. Laws 1980, p. 3958), 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 said Section 1 shall read as follows: 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 $1,500.00, 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. Said court shall further have concurrent jurisdiction to hear and rule on violations of county ordinances. 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court of Henry County, approved April 7, 1976 (Ga. Laws 1976, p. 4463), as amended, so as to change the jurisdiction of said court; and for other purposes.

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This 23rd day of January, 1981. Glenn E. McCreary Judge, Small Claims Court of Henry County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 28, February 4, 11, 1981. /s/ G. Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4004

HENRY COUNTYCOMPENSATION OF TREASURER. No. 362 (House Bill No. 867). AN ACT To amend an Act providing for the election and salary of the treasurer of Henry County, approved July 28, 1921 (Ga. Laws 1921, p. 502), as amended, particularly by an Act approved April 1, 1969 (Ga. Laws 1969, p. 2449), so as to change the compensation of the treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the election and salary of the treasurer of Henry County, approved July 28, 1921 (Ga. Laws 1921, p. 502), as amended, particularly by an Act approved April 1, 1969 (Ga. Laws 1969, p. 2449), is hereby amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. The treasurer of Henry County shall receive an annual base salary of $2,750.00, payable in equal monthly installments from Henry County funds. Said annual salary shall be increased by 3 1/2 percent of the base amount on July 1, 1981, and on July 1 of each year thereafter. In addition to said salary, he shall also receive from county funds such sums as he may pay to a surety company as premiums for his official bond. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the office of treasurer of Henry County, approved July

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28, 1921 (Ga. Laws 1921, p. 502), as amended, so as to change the compensation of the treasurer of Henry County; and for other purposes. This 23 day of January, 1981. Jason J. Patrick County Treasurer of Henry County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 28, February 4, 11, 1981. /s/ G. Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4006

HENRY COUNTYCOMPENSATION OF NAMED COUNTY OFFICIALS. No. 363 (House Bill No. 868). AN ACT To amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4189), so as to change the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4189), is hereby amended by striking Section 2 and adding a new Section 2 to read as follows: Section 2. (a) The salary of the Sheriff of Henry County shall be $22,000.00 per year to be paid in equal monthly installments out of county funds. (b)(1) The sheriff shall be authorized to employ one chief deputy. The salary of the chief deputy shall be fixed by the governing authority of Henry County and paid in equal monthly installments from county funds. (2) In addition to the chief deputy, the sheriff is hereby authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. (3) The governing authority of Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties.

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(c)(1) Effective July 1, 1981, the annual salary of the sheriff shall be increased by an additional 3 1/2% on said date and on the first day of July each year thereafter. (2) In addition to the amounts provided by paragraph (1) of this subsection, the sheriff shall receive an additional 5% salary increase on January 1, 1982. (d) The sheriff shall also receive a contingent expense allowance of $100.00 per month. Section 2 . Said Act is further amended by striking from Section 3 the following: 80%, and inserting in lieu thereof the following: 85%, and by adding at the end of the section the following: The clerk of the superior court shall also receive a monthly contingent expense allowance of 85% of that of the sheriff., so that when so amended said Section 3 shall read as follows: Section 3. The Clerk of the Superior Court of Henry County shall be paid a salary of $16,000 per year to be paid in equal monthly installments out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Henry County. Effective January 1, 1980, the annual salary of the clerk shall be increased by an additional 3 1/2% on said date. Effective July 1, 1980, the annual salary of the clerk shall be increased by an additional 3 1/2% on said date and on the first day of July each year thereafter. In no event shall the annual salary of the clerk of the superior court be less than 85% of the annual salary of the Sheriff of Henry County as now or hereafter provided by local or general law. The clerk of the superior court shall also receive a monthly contingent expense allowance of 85% of that of the sheriff.

Page 4008

Section 3. Said Act is further amended by striking from Section 4 the following: 80%, and inserting in lieu thereof the following: 85%, and by adding at the end of the section the following: The judge of the probate court shall also receive a monthly contingent expense allowance of 85% of that of the sheriff., so that when so amended said Section 4 shall read as follows: Section 4. The Judge of the Probate Court of Henry County shall be paid an annual salary of $16,000.00. The annual salary of said officer shall be increased by an additional 3 1/2% on January 1, 1980. Said annual salary shall be further increased by 3 1/2% on July 1, 1980, and on the first day of July of each year thereafter. In no event shall the annual salary of the judge of the probate court be less than 85% of the annual salary of the Sheriff of Henry County as now or hereafter provided by local or general law. Said salary shall be paid in equal monthly installments out of county funds. The Judge of the Probate Court is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerk and assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Henry County. The annual salary provided for the judge of the probate court shall be his full compensation and shall be in lieu of any and all fees or salary now or previously provided for handling traffic cases. The judge of the probate court shall also receive a monthly contingent expense allowance of 85% of that of the sheriff. Section 4. Said Act is further amended by striking from Section 4A the following: 80%, and inserting in lieu thereof the following:

Page 4009

85%, and by adding at the end of the section the following: The tax commissioner shall also receive a monthly contingent expense allowance of 85% of that of the sheriff., so that when so amended said Section 4A shall read as follows: Section 4A. The tax commissioner of Henry County shall receive an annual salary of fifteen thousand six hundred eighty dollars ($15,680.00) payable in equal monthly installments from the funds of Henry County. All fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds to Henry County. On or before the tenth day of each month the tax commissioner shall pay over to the fiscal authority of Henry County all such funds as shall have been collected by him for the county during the immediately preceding calendar month with a detailed, itemized statement showing the collections and the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind, including those commissions allowed by an Act relating to commissions on taxes collected in excess of a certain percentage of taxes due according to the tax net digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. The tax commissioner is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries but the number of such clerks and assistants and the salary thereof shall be subject to the final approval of the board of county commissioners of Henry County. Said annual salary of the tax commissioner shall be increased by 3 1/2% on January 1, 1980. Said annual salary shall further be increased by 3 1/2% on July 1, 1980, and on the first day of July each year thereafter. In no event shall the annual salary of the tax commissioner be less than 85% of the annual salary of the Sheriff of Henry County as now or hereafter provided by local or general law. The tax commissioner shall also receive a monthly contingent expense allowance of 85% of that of the sheriff. 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.

Page 4010

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 1981 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and the judge of the probate court of Henry County on an annual salary, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as amended, so as to change the compensation of said officials; and for other purposes. This 23 day of January, 1981. Phillip T. Keen County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 28, February 4, 11, 1981. /s/ G. Richard Chamberlin Representative, 73rd District

Page 4011

Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. HENRY COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDED. No. 364 (House Bill No. 869). AN ACT To amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. Laws 1961, p. 2588), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3519) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4129), so as to change the membership of the Authority; to provide for all related 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. An Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. Laws 1961, p. 2588), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3519) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4129), is hereby amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. (a) The water system is to be constructed, maintained, and operated for and on behalf of said county by the `Henry County Water and Sewerage Authority'.

Page 4012

(b) The five members of the Authority in office on the effective date of this subsection shall serve out the terms for which they were appointed. A sixth member shall be appointed by the governing authority of the county for a term of four years from April 1, 1981. The sixth member shall be a resident of any county commission district which does not have a resident who is a member of the Authority. Upon expiration of those terms expiring on April 1, 1983, the governing authority shall appoint a number of successors which is one less than the number of members whose terms so expire, so that the total number of members of the Authority shall again be reduced to five. Thereafter a successor will be appointed upon the expiration of each term of office in a manner such that the Authority shall at all times have five members and such that there will be at all times at least one member of the Authority from each county commissioner district. All appointments will be for a term of four years. All terms shall begin and end on the first day of April. (c) The Authority shall organize and elect a chairman, vice-chairman and secretary from among members and shall report their actions to the governing authority of Henry County on or before July 31 of each year for the immediately preceding year. (d) Vacancies for the unexpired term shall be filled by the governing authority of Henry County. No vacancy shall impair the right of the Authority to act on any matter which may properly come before it. (e) Three members shall constitute a quorum for the transaction of business, and they shall have the right to meet whenever they shall deem it for the best interest of said Authority. Notice of such meeting shall be given each member in writing at least three days before such meeting and a majority of said Authority, or the chairman, may call such meeting upon giving the required notice. (f) The officers of said Authority shall serve at the pleasure of said Authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4013

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Henry County Water Authority, approved March 28, 1961 (Ga. Laws 1961, p. 2588), as amended, so as to change the provisions relative to the number of members of said authority; and for other purposes. This 23 day of January, 1981. Philip T. Keen County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 28, February 4, 11, 1981. /s/ G. Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 24th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4014

TIFT COUNTYVACANCIES ON BOARD OF COMMISSIONERS. No. 365 (House Bill No. 872). AN ACT To amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4015), so as to change the date of the special election to fill certain vacancies in membership on the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4015), is hereby amended by striking subsection (b) of Section 5 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) When a member of the board of commissioners from commissioner district 2, 4, or 5 resigns from office in the same year in which the general election is held to elect the chairman of the board of commissioners, the vacancy created by such resignation shall be filled at a special election to be held at the same time as the general primary election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4015

Notice of Intention to Introduce Local Legislation. Legislation will be introduced at the regular 1981 session of the General Assembly of Georgia to change the time of the special election to fill the vacancy created by the resignation of a member of the Board of Commissioners who has resigned to run for chairmanship, and for other purposes. Reinhardt, Whitley and Rogers, P.C., Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/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: January 10, 17, 24, 1981. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

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ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (11,775 - 12,100). No. 366 (House Bill No. 873). AN ACT To repeal an Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census, and including the Counties of Berrien and Cook; providing for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to provide for one or more bailiffs of and for said small claims court; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts of this State; to provide for the procedure and practice in garnishments, in the issuing executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to enable the county commissioners to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts and to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes., approved April 4, 1963 (Ga. Laws 1963, p. 2933), as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2528), and an Act approved March 19, 1974 (Ga. Laws 1974, p. 2220); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census, and including the Counties of Berrien and Cook; providing for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction,

Page 4017

the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to provide for one or more bailiffs of and for said small claims court; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts of this State; to provide for the procedure and practice in garnishments, in the issuing executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to enable the county commissioners to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts and to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes., approved April 4, 1963 (Ga. Laws 1963, p. 2933), as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2528), and an Act approved March 19, 1974 (Ga. Laws 1974, p. 2220), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if either an Act creating a Small Claims Court in Cook County and providing for other matters relative thereto or an Act creating a Small Claims Court in Berrien County and providing for other matters relative thereto, or both, do not pass the 1981 session of the General Assembly and are not signed by the Governor or do not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981.

Page 4018

ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (23,300 - 23,699). No. 367 (House Bill No. 874). AN ACT To repeal an Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 23,300 and not more than 23,699 according to the U. S. Decennial Census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribing his remuneration; to validate acts and proceedings therein; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 11, 1964 (Ga. Laws 1964, p. 2944), as amended by an Act approved March 27, 1965 (Ga. Laws 1965, p. 2678) and an Act approved April 24, 1975 (Ga. Laws 1975, p. 4551); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 23,300 and not more than 23,699 according to the U. S. Decennial Census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribing his remuneration; to validate acts and proceedings therein; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 11, 1964 (Ga. Laws 1964, p. 2944), as amended by an Act approved March 27, 1965 (Ga. Laws 1965, p. 2678) and an Act approved April 24, 1975 (Ga. Laws 1975, p. 4551), is hereby repealed in its entirety. Section 2. This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Tift County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the

Page 4019

Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. CITY OF CENTERVILLEPUNISHMENT IN MUNICIPAL COURT. No. 368 (House Bill No. 882). AN ACT To amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. Laws 1958, p. 3323), as amended, so as to change the penalty provisions for offenses tried in the municipal court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. Laws 1958, p. 3323), as amended, is hereby amended by striking in its entirety from Section 19 the following paragraph: Said court shall have jurisdiction and authority (a) to try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (b) to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another, whose testimony is desired or material in any proceeding in said court, to go or move beyond the reach of the process of the court; (c) to punish for any contempt of court; (d) through the presiding officer to impose fines not exceeding three hundred ($300.00) dollars and imprisonment not exceeding forty (40) days, either or both, in the discretion of the presiding officer.,

Page 4020

and inserting in lieu thereof a new paragraph to read as follows: Said court shall have jurisdiction and authority (a) to try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (b) 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 in said court to go or move beyond the reach of the process of the court; (c) to punish for any contempt of court; (d) through the presiding officer to impose fines not exceeding $1,000.00 and imprisonment not exceeding six months, or both, in the discretion of the presiding officer; provided, however, that each contempt of 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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1981 session of the General Assembly of Georgia a bill to amend the charter of the City of Centerville so as to increase the jurisdiction of the police court as to fines and imprisonment; to repeal conflicting laws; and for other purposes. This 9th day of January, 1981. Ted Waddle Representative, 113th District Georgia, Houston County. Personally appeared before me this date, R. F. Jones, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of

Page 4021

Houston County, Georgia, who certifies that the Legal Notice, Notice of Intention to Introduce Local Legislation/City of Centerville/Police Court was published in The Houston Home Journal on the following dates: January 22, 29 and February 5, 1981. This 5th day of February, 1981. /s/ R. F. Jones Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me, this 5th day of February, 1981. /s/ Sally P. Quinn Notary Public, Houston County. My Commission Expires April 22, 1984. (Seal). Approved April 6, 1981. JACKSON COUNTYCOMPENSATION OF NAMED COUNTY OFFICIALS. No. 369 (House Bill No. 885). AN ACT To amend an Act creating the office of Tax Commissioner of Jackson County; placing the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court, and the Tax Commissioner on a salary basis of compensation; and providing for the compensation of

Page 4022

the Chairman and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. Laws 1968, p. 2536), as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4147), so as to authorize the governing authority to provide cost-of-living increases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Jackson County; placing the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court, and the Tax Commissioner on a salary basis of compensation; and providing for the compensation of the Chairman and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. Laws 1968, p. 2536), as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4147), is hereby amended by inserting a new section following Section 14.1, to be designated Section 14.2, to read as follows: Section 14.2. The governing authority of Jackson County shall be authorized to provide cost-of-living salary increases to the Clerk of the Superior Court, Sheriff, Judge of the Probate Court, Tax Commissioner, and the Chairman and members of the Board of Commissioners in the same manner in which cost-of-living salary increases are provided to other county employees; provided, however, any such cost-of-living increase which may be granted to those elected officials shall not exceed any similar cost-of-living increase which may be granted to other employees of Jackson 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 1981 session of the General Assembly of Georgia, a bill to amend the Act creating the Office of Tax Commissioner of Jackson County; placing the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court, and the Tax Commissioner on a salary basis of compensation; and providing for the compensation of the Chairman and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. Laws 1968, p. 2536); and for other purposes.

Page 4023

This 26th day of January, 1981. Lauren McDonald Representative, 12th District Affidavit of Publication. I, Herman Buffington, Publisher of The Jackson Herald, do hereby certify that the copy of the Legal Notice of Intention to Introduce Local Legislation appeared in the Jackson Herald, Jefferson, Georgia on January 28, February 4, February 11. This 19th day of February, 1981. /s/ Herman Buffington Publisher Subscribed and sworn to before me, this 19 day of February, 1981. /s/ Minnie S. Toles Notary Public. (Seal). Approved April 6, 1981.

Page 4024

CITY OF LINCOLNTONCHARTER AMENDED. No. 370 (House Bill No. 886). AN ACT To amend an Act creating a new charter for the City of Lincolnton, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3117), as amended, so as to change the provisions relating to personnel of such governing authority; to provide for the appointment of personnel and the filling of vacancies occurring in such offices; to provide for the compensation of the mayor and councilmen; to change the provisions relating to the power of the governing authority to make loans; to provide for the transfer of property to Lincoln County under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Lincolnton, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3117), as amended, is hereby amended by striking Section 19 in its entirety and inserting in lieu thereof a new Section 19 to read as follows: Section 19. (a) Be it further enacted, that the mayor and councilmen shall appoint a town clerk and treasurer, said treasurer to give bond with security in the sum of $1,000.00 for the faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and council shall be necessary; a city attorney; and such other officers as the mayor and councilmen 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 councilmen may by ordinances prescribe; provided that all bonds of officers shall be made payable to the City of Lincolnton. Vacancies occurring in any of the appointive offices shall be filled in the same manner as the original appointments. Said mayor and councilmen 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 councilmen to fix the salaries or compensation of all officers, agents, and employees of said city. All expenditures of the mayor and councilmen for city purposes shall be paid out of the city funds by an order drawn by the city clerk after the mayor and councilmen have allowed same. The mayor and councilmen

Page 4025

may at any time employ as many policemen for said city for such length of time as said mayor and councilmen 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 councilmen. The mayor and councilmen shall have the authority to employ a waterworks superintendent and a city attorney and fix their compensation. (b) The mayor shall receive a salary of $1,200.00 per annum and each councilman shall receive a salary of $600.00 per annum, said salaries to be paid in equal monthly installments from city funds; provided, however, that the governing authority of the city shall be authorized to change the salaries provided for herein in accordance with and pursuant to the `Municipal Home Rule Act of 1965,' as now or hereafter amended. Section 2. Said Act is further amended by striking Section 111 in its entirety and inserting in lieu thereof a new Section 111 to read as follows: Section 111. (a) Be it further enacted, that the mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans not in excess of one year and execute a note or notes therefor in the name of said city in such amount as may be provided by special resolution or ordinance for that purpose. (b) Be it further enacted, that the mayor and councilmen of said city, in order to provide funds for capital outlay projects, shall have the power and authority to negotiate a loan or loans for a term not in excess of five years and execute a note or notes therefor in the name of said city not to exceed $50,000.00 as may be provided by special resolution or ordinances for such purposes. Section 3. Said Act is further amended by striking Section 115 in its entirety and inserting in lieu thereof a new Section 115 to read as follows: Section 115. (a) Except as otherwise provided in subsection (b), the mayor and council of said city shall have the power and authority to sell any property belonging to said town which shall become unnecessary and useless for said city purposes and to make a good and sufficient title to the purchaser. However, in the sale of such property

Page 4026

by the city, the following procedure shall be followed: before any such property shall be sold, a resolution shall be passed and adopted by the mayor and council either in regular or special session, which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes and that it is expedient and beneficial to the city that the same be disposed of. Except as otherwise provided herein, said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hours of sheriff's sales in said county, and the procedure of such sales shall be the same as provided for sales of property by a sheriff. The mayor and council shall have the authority to sell any personal property of the city with a value not to exceed $500.00 by private sale without the necessity of advertisement if the mayor and council shall deem such private sale to be in the best interest of the city. (b) The provisions of this section shall not apply where property will be transferred by the mayor and council of the City of Lincolnton to the governing authority of the County of Lincoln. 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 1981 Session of the General Assembly of Georgia a bill to amend an Act creating and establishing a new charter for the City of Lincolnton, approved March 4, 1953 (Ga. L. 1953, p. 3117), as amended; to change certain sections of the charter as requested by the City Council; to repeal conflicting laws; and for other purposes. This 13th day of January, 1981. Ben Barron Ross Representative, 76th District

Page 4027

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross who, on oath, deposes and says that he/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: January 15, 22, 29, 1981. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 26th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. BLECKLEY COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 371 (House Bill No. 889). AN ACT To amend an Act creating and establishing a Small Claims Court in and for Bleckley County, approved March 31, 1972 (Ga. Laws 1972,

Page 4028

p. 3248), as amended, so as to change the jurisdiction of the court; to provide for certain fees; to provide for the operational requirements of the court; to provide for punishment for contempt; to provide for an audit; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court in and for Bleckley County, approved March 31, 1972 (Ga. Laws 1972, p. 3248), as amended, is hereby amended by striking from Section 1 of said Act the following: $1,500.00, and substituting in lieu thereof the following: $2,000.00, and by striking the following: pertaining to civil actions, so that when so amended Section 1 of said Act shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Bleckley County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $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 the first sentence of subsection (a) of Section 8 of said Act which reads as follows: The plaintiff, when he files his claim, shall deposit with the court the sum of $12.50, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $12.50.,

Page 4029

and substituting in lieu thereof the following: The plaintiff, when he files his claim, shall deposit with the court the sum of $12.50, which shall cover all costs of the proceeding except service of the notice, and the deposit of cost in cases of attachment or trover shall be $12.50. In cases of garnishment, the deposit of cost shall be $12.50 for the original affidavit and summons and $12.50 for each additional summons thereafter., so that when so amended subsection (a) of Section 8 of said Act shall read as follows: The plaintiff, when he files his claim, shall deposit with the court the sum of $12.50, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment or trover shall be $12.50. In cases of garnishment, the deposit of cost shall be $12.50 for the original affidavit and summons and $12.50 for each additional summons thereafter. 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 costs of the proceeding shall be taxed to the losing party. Section 3. Said Act is further amended by striking in its entirety Section 19 of said Act and substituting in lieu thereof the following: Section 19. All office space, courtroom facilities, forms, docket books, file jackets, 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. Said authority shall also provide a suitable room in the courthouse for the holding of said court. Section 4. Said Act is further amended by striking in its entirety Section 22 and substituting in lieu thereof the following: Section 22. 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, or to imprison for not more than 6 hours any person guilty of contempt of court, or both. Section 5. Said Act is further amended by adding immediately following Section 24 two sections, to be designated Section 25 and Section 26, to read as follows:

Page 4030

Section 25. The books of said court shall be reviewed and audited annually by the county auditor. Section 26. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. 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 1981 regular session of the Georgia General Assembly a bill to amend the act to create and establish a Small Claims Court for Bleckley County, approved March 31, 1972, Georgia Law 1972, Page 3248, so as to change Jurisdictional amount and for other purposes. /s/ Ben Jessup Representative, 117th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran-Journal which is the official organ of Bleckley County, on the following dates: February 4, 11, 18, 1981.

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/s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. JOHNSON COUNTYSMALL CLAIMS COURT CREATED. No. 372 (House Bill No. 894). AN ACT To create and establish a Small Claims Court of Johnson 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

Page 4032

validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court of Johnson 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) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Johnson 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 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 Johnson County, on application of said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4 . Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized. Section 5 . All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.

Page 4033

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 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

Page 4034

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

Page 4035

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 Johnson 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 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.

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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 Johnson County

Page 4037

Page 4038

Section 18. No later than 60 days after the effective date of this Act, the governing authority of Johnson County shall appoint a duly qualified person to serve as judge of said court for a term of office of two years and until his successor is duly appointed by the governing authority of Johnson County and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the governing authority of Johnson County, and such successor shall serve for the remainder of the unexpired term. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the 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

Page 4039

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. 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. There will be a Bill introduced into the 1981 Session of General Assembly to create a small claims court for Johnson County and for other purposes.

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Jimmy Lord 105 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 22, 29, February 5, 1981. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 25th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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DOWNTOWN SAVANNAH AUTHORITYPOWERS. No. 373 (House Bill No. 897). AN ACT To enlarge and further define the powers of the Downtown Savannah Authority which was created by an amendment to the Constitution which appears at Ga. Laws 1974, p. 1738; to further define the terms project and cost of project; to provide for the membership of the Authority; to limit certain powers of the Authority; to provide for nonseverability; 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 membership of the Downtown Savannah Authority, which was created by a constitutional amendment appearing at Ga. Laws 1974, p. 1738, is hereby changed and constituted as provided by this Act. This Act is pursuant to the authority granted to the General Assembly by Section 3 of said constitutional amendment. In addition to the members named in said amendment, there is hereby constituted one other member who shall be a nonvoting member on said Authority and who shall be appointed by a majority vote of the members of the Georgia General Assembly whose legislative districts lie wholly or partially within the boundaries of the City of Savannah. Said member shall be appointed by said majority and shall take his seat on said Authority upon transmission of written notification from the Chatham legislative delegation to the mayor and city council for the City of Savannah. Said legislative appointee shall have all powers and rights as conferred upon all other members of said Authority except the power to vote. The term of said appointee shall be two years and shall coincide with that of the members of the General Assembly. Said appointee may be reappointed for successive terms and may be removed by majority vote of said delegation; and, if a vacancy occurs in said position, it shall be filled by majority vote of said delegation. Section 2. Subject to the provisions and limitations hereinafter provided, the powers of the Downtown Savannah Authority, which

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was created by a constitutional amendment appearing at Ga. Laws 1974, p. 1738, are enlarged and further defined as provided by this Act. This Act is pursuant to the authority granted to the General Assembly by Section 31 of said constitutional amendment. (1) (A) The word projects or project as used in said constitutional amendment shall include the acquisition, construction, installation, modification, renovation, or rehabilitation of buildings, structures, facilities and other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, and other property of any nature used in or in connection with any such building, structure, or other improvement, all for the essential public purposes herein. A project may be for any industrial, commercial, business, office, public, or other use, provided that the Authority determines, by a resolution duly adopted, that the project and such use thereof would further the public purpose of the Authority. (B) The word projects or project shall also include any project as defined by the Act known as the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended and as said law may hereafter be amended, and shall further be deemed to mean and include the acquisition, construction, improvement or modification of any property, real or personal, which shall be suitable for or used as a hotel or motel, or hotel and motel, providing lodging for transient guests for overnight accommodations, provided that such property and facilities shall be determined by the Authority to be acquired, constructed, improved, or modified, in connection with the development and promotion of the constitutional purposes of the Authority. (C) Every project consisting of any public facility may, in every case, include all improvements consisting of necessary or useful furnishings, machinery, equipment, landscaping, site preparation, roads, streets, sidewalks, water supply, outdoor lighting, and improvements for the use of commercial, trade, business, governmental, or administrative undertakings for lease to other public or private entities, provided such enumerated improvements shall be determined by the Authority to be necessary or useful to the project and shall be

Page 4043

necessary or useful for the accomplishment of one or more of the constitutional purposes of the Authority and for the financing of the project. (2) The term cost of project as used in said constitutional amendment shall include the term cost of project as defined by the Act known as the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended and as said law may hereafter be amended. (3) The powers of the Authority are expanded and further defined to include all powers necessary or helpful to undertake and deal with those projects and those costs of projects covered by this Act in the same manner as other projects and costs of projects which the Authority is authorized to undertake and deal with. (4) Notwithstanding any other provision of this Act, the right or power of condemnation conferred upon the Authority may be exercised only: (A) With the approval of the mayor and aldermen of the City of Savannah by a majority vote after providing notice in the manner required in Section 3 (1) hereof; and (B) In the manner and for the purposes for which said power may be exercised by the mayor and aldermen of the City of Savannah under other applicable provisions of Georgia law, or the provisions of that constitutional amendment appearing at Ga. Laws 1974, p. 1738, as it existed prior to this amending Act. Section 3. The powers of the Authority are subject to the limitations herein provided: (1) Amount of bonded indebtedness. The Authority shall have no power to create or increase bonded indebtedness when the aggregate bonded indebtedness of the Authority exceeds or would thereby exceed $25 million without the express approval of the mayor and city council. Such approval may be given only after application therefor has been made to the city council and upon two readings of said application at open sessions of regularly scheduled council meetings not closer than seven days apart. At the second reading of said application opportunity shall be given

Page 4044

by the city council for full public discussion and debate. Notice of said application shall be published in the legal organ of Chatham County not more than ten nor less than three business days prior to the first reading. (2) Public notice required. For every bond issue there shall be a notice of the Authority's intention to issue the same published in the legal organ not less than ten days prior to the approval of such issue. Not less than seven days prior to the approval of said issue the Authority's intention shall be announced at a regularly scheduled open session of the city council. (3) Full disclosure of all costs. The Authority shall within 30 days of the finalizing of all contracts, agreements, and memoranda of closing provide to each member of the Authority an itemized report of all costs incurred for any bond issue; all payments of fees; and all direct and all indirect remuneration, compensation, or the like to all persons involved in said bond issue. Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall result in all other sections, subsections, sentences, clauses, and phrases being declared invalid. The General Assembly hereby declares that it would not have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. This Act shall become effective 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 Apply for Local Legislation. Notice is hereby given that pursuant to Section 31, Ga. Laws 1974, Page 1738 there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to amend the Downtown Savannah Authority and for other purposes.

Page 4045

James B. Blackburn, City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Phillips who, on oath, deposes and says that he/she is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 3, 10, 17, 1981. /s/ Bobby Phillips Representative, 125th District Sworn to and subscribed before me, this 26th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4046

BERRIEN COUNTYSMALL CLAIMS COURT CREATED. No. 374 (House Bill No. 909). AN ACT To create and establish a Small Claims Court of Berrien County; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of office of the judge of any such small claims court; to prescribe the jurisdiction, the pleading, practice, and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for paraphernalia for such court; to validate acts and proceedings therein; to provide the effective date hereof; to provide for one or more bailiffs of and for said small claims court; to standardize and fix the monetary limits of such court in conformity with preexisting small claims courts of this state; to provide for the procedure and practice in garnishments, in the issuing of executions from said court, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify, and make certain the provisions as to costs in certain cases; to enable the county commissioners to provide adequate and suitable quarters, facilities, and accommodations for transacting the business of said court and to provide such additional personnel as in their judgment such court may require; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide for conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a small claims court in and for Berrien County. Such court shall have civil jurisdiction in all cases ex contractu and ex delicto in which the principal amount of 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 Berrien County; and such jurisdiction shall include the power to issue writs of garnishment, attachments, petitions for writ of possession, petitions for dispossessory proceeding and, in addition to the powers herein specifically granted, also the powers granted to justices of the peace by the Constitution and laws of the State of Georgia.

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Section 2. (a) Any person appointed as judge of the small claims court created by this Act must be a resident of Berrien County, be at least 25 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 20 years of age and must be residents of the county. (c) The judge now serving as the small claims court was previously constituted shall continue to serve as judge of this court for the remainder of the four-year term for which he was appointed, said term ending January 1, 1983. For the term beginning January 1, 1983, the judge of the superior court shall appoint and commission a citizen of the county duly qualified under subsection (a) of this section to serve as judge of said court for a four-year term ending January 1, 1987. All terms thereafter will be for four years and until a successor is appointed and qualified. All appointments for any unexpired term shall be made by the judge of the superior court. Section 3. Whenever the judge of the small claims court shall be disqualified in any case or unable to serve because of absence, sickness, or other causes, he shall appoint a qualified, fair, and impartial citizen who is a resident of the county, preferably an attorney at law or someone reasonably knowledgeable in legal proceedings, to perform such duties, and hear and determine all such matters as may be submitted to him, and to be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge so unable to act. Section 4. Any duties herein prescribed to be performed by the clerk of a small claims court may be performed by the judge thereof, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in clear and concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or

Page 4048

affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant; and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice may be made in Berrien County by an officer or person authorized by law to serve process in superior courts, by a duly qualified small claims court bailiff, by registered or certified mail with a return receipt, or by any private individual not a party to or otherwise interested in the suit especially appointed by the judge for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification, and notice in an envelope addressed to the defendant at his last known address, prepay the postage from moneys collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim or otherwise file it as a part of the record in case; and it shall be prima-facie evidence of service upon the defendant. (d) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the cost of service shall be taxable as costs. The cost of service in the sum of $10.00 shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. When service is performed by the sheriff, he shall be entitled to his regular fee, which at the present time is $15.00. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, the plaintiff shall be required to present proof of his claim.

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(g) Said notice shall specify the day and hour of the hearing, which date shall not be less than ten nor more than 35 days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in the case. Section 8. The plaintiff, when he files his claim, shall advance and deposit with the court a filing fee in the sum of $15.00 which shall cover all costs of the proceedings, except cost of service of notice as provided hereinabove in subsection (e) of Section 6. The same filing fee and costs shall also apply in cases of attachment, foreclosure on personalty, writ of possession, dispossessory proceedings, possessory warrants, trover, garnishment, and all other actions which require essentially the same procedures for filing, docketing, issuing, serving notice, setting hearings, rendering judgments, and issuing fi. fas. or orders. In all other matters not specifically mentioned or provided for herein, the cost shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace. If a party shall fail to pay the accrued cost, the judge shall have the power to deny said party the right to file any new cases while such cost remains 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. When a case involves more than one party defendant, an additional filing fee not to exceed $5.00 may be required. Section 9. (a) On the day set for the hearing or at such later time as the judge may set, the trial shall be conducted. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law; and all rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice.

Page 4050

(c) In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law and the pleading and practice in such cases shall be substantially the same as required in courts of justices of the peace; and no formal declaration in attachment shall be required. (d) If the plaintiff fails to appear, the case may be dismissed for want of prosecution, 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 dictate. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement or setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court and the issue 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 a fee of $10.00 for every such claim case. The same practice and procedure shall apply in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 12. When a judgment is to be rendered and the party against whom it is to be rendered requests permission to pay in installments, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.

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Section 13. The judge of such small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests or consents, he may do so at the expense of the plaintiff for clerical and accounting costs not to exceed 10 percent of the amounts collected. Section 14. The judges of the superior court presiding in Berrien County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. All such rules made by the judge of the superior court shall be placed in a special book for that purpose which is to be kept by the judge of the small claims court. Section 15. The judge of such court shall have power to appoint one or more bailiffs of and for said small claims court to act within and throughout the limits of Berrien County, such bailiffs to serve at the pleasure of the judge and under his direction; and a person so appointed shall be known and designated as small claims court bailiff and have the powers and authority and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said small claims court with the power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811 of the Code of Georgia; and such bailiffs shall be subject to be ruled for failure 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 all papers issued by the small claims court, make levies, and conduct sales. Section 16. Said small claims court shall not necessarily have designated terms at stated periods; the judge thereof, or the clerk if he so authorizes, shall in each instance set dates for all hearings and trials in every kind of case and also designate the times when attachments and executions are returnable; provided, however, that all garnishment proceedings shall be conducted in accordance with Georgia Code Title 46, relating to garnishment, as now or hereafter amended. A summons of garnishment shall be served on the garnishee

Page 4052

and a copy of same on the judgment debtor in accordance with the above-referenced Code section. Section 17. A summons of garnishment may be served by the sheriff or his deputies or by a lawful constable or by a small claims court bailiff; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or the writ of attachment. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the summons of garnishment or the affidavit or in the place provided for such entry of service. The same requirement for entry of service shall apply in attachment cases. However, such entry of service may be made on a separate paper and attached to such garnishment affidavit or writ of attachment, as the case may be. Section 18. All cases in the small claims court shall be heard and determined by the judge of said court and without the benefit of jury trial. Any party dissatisfied with the judgment rendered by the judge of the small claims court shall have the right and privilege to appeal the case to the superior court to be determined by a jury as provided for in Section 21 of this Act. Section 19. The judge of the small claims court shall have the power to impose fines of not more than $50.00 or imprison for not longer than three day any person guilty of contempt of said court, such fines to be paid into the county treasury or depository for county purposes. Section 20. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant from the time of the filing in the office of the clerk of the superior court for said county of an execution based upon such judgment and at the time the entry thereof is made by the clerk in the general execution docket for said county. Section 21. (a) Appeals may be had from judgments rendered in the small claims court to the superior court by the party desiring to appeal. The dissatisfied party desiring the appeal shall first notify the small claims court in writing of his intention to appeal within ten days after the rendering of the judgment. The appellant shall pay all court costs then due the small claims court, plus $10.00 for entering said appeal, making copies, and transmitting the original suit, motions, and supporting documents to the clerk of the superior court.

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(b) The formal appeal must be filed with the small claims court within 30 days from the entering of the judgment in said court. The written appeal shall include the name and number of the case in the small claims court and shall state the grounds for appeal. A copy of all such appeals filed in the superior court shall be served upon the opposite party, or his attorney, filing the appeal. The means of serving the opposite party shall be by handing a copy to him personally, or by mailing a copy of the same to him in an envelope properly addressed and carrying sufficient postage for the delivery thereof. At the time of filing said appeal, the appellant or his attorney shall attach a certificate to the appeal showing how the service was made on the opposite party. (c) Either party shall have the right to file and have heard by the superior court judge any motions which are authorized by the Georgia Civil Practice Act after the appeal is docketed in the superior court. Cases thus appealed from the small claims court may be tried by a jury in the superior court, and, if so, the jury shall consist of six persons chosen from 12 veniremen, the plaintiff and the defendant having three strikes each. (d) The appeal shall be accompanied by a deposit in the amount of $75.00 payable to the clerk of the superior court. The case shall then be filed and given a superior court number. The $75.00 deposit shall be used and accounted for as follows: (1) to pay the legal library fee of $2.00; (2) to pay the prevailing filing fee for the superior court clerk. The remainder shall be transmitted to the county treasury by the superior court clerk to help defray the expenses of the court. (e) If the case is settled, withdrawn, or dismissed, that portion of the deposit, except the legal library fee of $2.00 and the superior court clerk's filing fee, which would otherwise be transmitted to the county treasury, shall be refunded to appellant. If the final judgment is in favor of the appellant, all court costs advanced by appellant may be recoverable and included in the superior court judgment. (f) All costs shall be paid by appellant within 30 days from the date of judgment in the small claims court or the appeal shall be dismissed by the judge of the superior court. (g) Either party shall have the right to appeal to higher court in the same manner as other decisions of the superior court are appealed.

Page 4054

Section 22. Until otherwise provided by rules of court, the statement of claims, 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 or process now provided by law: Small Claims Court of Berrien County

Page 4055

Page 4056

Section 23. All acts performed by the judge or clerk and all proceedings before the Small Claims Court of Berrien County are hereby validated and all judgments and executions therein or therefrom shall run and be enforceable throughout this state. Section 24. No time served as judge of said small claims court shall count toward any retirement as a judge of a superior court. Section 25. (a) All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets, and the like required by this Act in the proper operation of a small claims court shall be furnished by the county commissioners upon requisition of the judge of such court. (b) The Berrien County Commissioners shall provide adequate and suitable quarters, facilities, and accommodations for transacting the business of such court; and they may provide such additional personnel as in their judgment the court may from time to time require. (c) An additional fee of $2.00 shall be taxed as cost for each case filed in the small claims court, said fee to be transmitted to the county treasury to help defray the expenses incurred by the county in the operation of said court. Section 26. All mesne and final processes and all actions, suits, and cases which are pending in the small claims court in Berrien County, as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Berrien County which is created by this Act. Section 27. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Berrien County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore small claims court in Berrien County, as created by an Act approved April 4, 1963 (Ga. Laws 1963, p. 2933), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981.

Page 4057

Section 28. 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. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census, and including the Counties of Berrien and Cook; providing for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to provide for one or more bailiffs of and for said small claims court; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts of this State; to provide for the procedure and practice in garnishments, in the issuing executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to enable the county commissioners to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts and to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes.', approved April 4, 1963 (Ga. Laws 1963, p. 2933), as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2528), and an Act approved March 19, 1974 (Ga. Laws 1974, p. 2220); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes., does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety.

Page 4058

Section 30. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill amending the 1963 Small Claims Court Act, or a bill re-creating and establishing the Small Claims Court of Berrien County, to provide for other matters relating to the Small Claims Court of said county, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edmond Lewis Perry who, on oath, deposes and says that he/she is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following dates: January 15, 22, 29, 1981. /s/ Edmond Lewis Perry Representative, 146th District Sworn to and subscribed before me, this 25th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4059

TROUP COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 375 (House Bill No. 912). 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), an Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3530), so as to increase the compensation of said commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Troup County, approved March 25, 1958 (Ga. Laws 1975, 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), an Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3530), is hereby amended by striking from subsection (a) of Section 7 the following: $4,800.00, and inserting in lieu thereof the following: $6,000.00, so that when so amended, subsection (a) of Section 7 shall read as follows:

Page 4060

(a) The Chairman of the Board of Commissioners shall be compensated in the amount of $6,000.00 per annum payable in equal monthly installments from the funds of Troup County. Section 2. Said Act is further amended by striking from subsection (b) of Section 7 the following: $3,600.00, and inserting in lieu thereof the following: $4,800.00, so that when so amended, subsection (b) of Section 7 shall read as follows: (b) The members of the Board of Commissioners, other than the Chairman, shall be compensated in the amount of $4,800.00 per annum payable in equal monthly installments from the funds of Troup 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 1981 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, (Georgia laws 1958 p. 3068), as amended, so as to change certain provisions relating to compensation and for other purposes.

Page 4061

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: Feb. 6, 13, 16, 1981. /s/ Glen O. Long Publisher Sworn and subscribed before me, this 17th day of February, 1981. /s/ Thelma A. Ledford Notary Public, Troup County. (Seal). Approved April 6, 1981. CHATTOOGA COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 376 (House Bill No. 915). AN ACT To amend an Act creating the office of Chattooga County tax commissioner, approved March 21, 1968 (Ga. Laws 1968, p. 2492), as

Page 4062

amended, so as to change the compensation of the tax commissioner; to provide for related 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. An Act creating the office of Chattooga County tax commissioner, approved March 21, 1968 (Ga. Laws 1968, p. 2492), as amended, is hereby amended by striking in its entirety Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) The compensation of the Chattooga County tax commissioner shall be determined as follows: (1) The tax commissioner shall receive an annual base salary equal to the state minimum salary as computed under the provisions of an Act providing minimum salaries for tax collectors and tax commissioners approved March 31, 1976 (Ga. Laws 1976, p. 988), as amended, or any general law hereafter enacted for the same purposes. (2) (A) In addition to the base salary provided in paragraph (1) of this subsection, the tax commissioner shall also receive a commission of 1 percent on all county, county bond, school, and school bond taxes collected by him which collections are in excess of 90 percent of the total of taxes due according to the tax net digest for each such category of taxes. (B) Any and all other commissions on school taxes authorized by general law shall be paid over to the county governing authority. (3) In addition to the amounts provided by paragraphs (1) and (2) of this subsection, the tax commissioner in office on the effective date of this paragraph shall also receive a commission of 1 percent on all county, county bond, school, and school bond taxes collected by him which taxes became delinquent before he took office.

Page 4063

(b) The compensation fixed by subsection (a) shall be paid in lieu of all fees, costs, fines, and perquisites of whatever kind heretofore received. Except as provided in subsection (a), all fees, costs, fines, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the tax commissioner shall be collected by him for the sole use of Chattooga County and shall be the property of Chattooga County. Such funds shall be held as public funds belonging to Chattooga County and shall be accounted for and paid to the fiscal authority of Chattooga County by the fifteenth day of every month for the immediately preceding month. It is specifically provided that the tax commissioner of Chattooga County shall not be entitled to receive commissions on 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 commissioner. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Chattooga County, approved March 21, 1968 (Ga. Laws 1968, p. 2492), as amended; to repeal conflicting laws; and for other purposes. This 26th day of January, 1981. John G. Crawford

Page 4064

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford who, on oath, deposes and says that he/she is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: February, 12, 19, 26, 1981. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. COMPENSATION OF ELECTED OFFICIALS IN CERTAIN COUNTIES (145,000 - 165,000) (171,000 - 181,000). No. 377 (House Bill No. 916). 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,

Page 4065

1976 (Ga. Laws 1976, p. 3155), as amended, particularly by an Act approved March 21, 1980 (Ga. Laws 1980, p. 3723), so as to change the salaries of certain officials in said counties; to prohibit certain officials from engaging in the private practice of law; to provide for an automatic repeal of certain provisions; to provide for the applicability of other laws; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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, particularly by an Act approved March 21, 1980 (Ga. Laws 1980, p. 3723), is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) (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 $1,967.70 judge of probate court $2,358.40 tax commissioner $2,225.22 judge of state court $3,208.33 solicitor of state court $1,495.20 coroner $1,200.00 judge of civil court $2,416.66 associate judge of civil court $2,250.00 chairman, board of commissioners $ 783.33 county commissioners $ 583.33 district attorney $ 657.30 judges of the superior court $ 890.65 sheriff $2,575.65.

Page 4066

Provided, however, that the judge of the state court and the associate judge of the civil court shall not be permitted to engage in the private practice of law. (2) Effective on the date the United States Bureau of the Census publishes the advance report which contains the final population figures for the 1980 census, paragraph (1) of this subsection shall be null and void and shall stand repealed in its entirety. (b) Effective on the date the United States Bureau of the Census publishes the advance report which contains the final population figures for the 1980 census, in all counties of this state having a population of not less than 171,000 nor more than 181,000 according to the 1980 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 $1,967.70 judge of probate court $2,358.40 tax commissioner $2,225.22 judge of state court $3,208.33 solicitor of state court $1,495.20 coroner $1,200.00 judge of civil court $2,416.66 associate judge of civil court $2,250.00 chairman, board of commissioners $ 783.33 county commissioners $ 583.33 district attorney $ 657.30 judges of the superior court $ 890.65 sheriff $2,575.65.

Page 4067

Provided, however, that the judge of the state court and the associate judge of the civil court shall not be permitted to 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. Approved April 6, 1981. JONES COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 378 (House Bill No. 918). AN ACT To amend an Act creating and establishing the Small Claims Court of Jones County, approved March 21, 1974 (Ga. Laws 1974, p. 2573), so as to change the jurisdiction of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the Small Claims Court of Jones County, approved March 21, 1974 (Ga. Laws 1974, p. 2573), is hereby amended by striking from Section 1 the figure 500.00 in its entirety and inserting in lieu thereof the figure 1,500.00, so that Section 1, when so amended, shall read as follows: Section 1. There is hereby created and established a Small Claims Court for Jones County, Georgia, to be known as the Small Claims Court of Jones County, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the

Page 4068

property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. 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 1981 Session of the General Assembly of Georgia, a bill to amend an Act Creating and Establishing the Small Claims Court of Jones County, approved March 21st, 1974 (Ga. Laws 1974, Page 2573) so as to change the jurisdiction of said court; and for other purposes. This 9th day of January 1981. Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he/she is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduced Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: February 12, 19, 26, 1981.

Page 4069

/s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 26th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF STONE MOUNTAINJURISDICTION OF POLICE COURT. No. 379 (House Bill No. 921). AN ACT To amend an Act creating a new charter and a municipal government for the City of Stone Mountain, approved August 21, 1929 (Ga. Laws 1929, p. 1309), as amended, so as to change the jurisdiction of the police court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter and a municipal government for the City of Stone Mountain, approved August 21, 1929 (Ga. Laws 1929, p. 1309), as amended, is hereby amended by striking Section 26 in its entirety and inserting in lieu thereof a new Section 26 to read as follows:

Page 4070

Section 26. Be it further enacted, that there shall be, and the same is hereby established, in the City of Stone Mountain, a court to be known and designated as the police court of the City of Stone Mountain. The jurisdiction of said court shall extend over all violations of the laws and ordinances of said city and all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said violations and offenses are committed within the corporate limits of the City of Stone Mountain. The sessions of said court shall be held and presided over by the mayor or the mayor pro tem., or by the city recorder in the event the mayor and council shall see fit to create such office as hereinafter provided, at the city-hall building in the City of Stone Mountain, or at such other place in said city as the mayor and council may direct, daily or at such times as in the judgment of the presiding officer of said court may be necessary. Said mayor, or mayor pro tem., or the recorder, shall have the power and authority to try all offenses and violations against the laws and ordinances of said city, committed within the corporate limits thereof, and, upon conviction, to punish offenders by a fine not exceeding five hundred dollars, by imprisonment in the city jail or guard-house, or by compulsory work not exceeding ninety days, on the streets of the City of Stone Mountain, or upon any of the public works of said city as the presiding officer of said court may direct. Any or all of the above punishments may be inflicted in the discretion of the mayor, or the mayor pro tem., or the recorder, as the case may be, presiding in said court. And such presiding or trial officer shall have the authority to impose any of the above punishments in the alternative. Whenever any person is convicted and sentenced to pay a fine or to work upon the streets of said city or other public works thereof, and fails or refuses to pay said fine, the collection thereof shall be enforced by execution, levy, and sale in the same way and manner as the collection of taxes is enforced in said city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legal Legislation. Notice is hereby given that there will be introduced at the 1981 Regular Session of the General Assembly of Georgia, a bill to amend an act incorporating the City of Stone Mountain approved August 5, 1929 (Georgia Laws 1929 Page 1309), so as to change jurisdiction of the Recorders Court; and for other purposes.

Page 4071

This 6th day of February 1981. Cas Robinson State of Georgia County of DeKalb. 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 Stone Mountain, Jurisdiction of Recorders Court, (Local Legislation) a true copy of which is hereto annexed, was published in said newspaper in its issue of the 12, 19, 26th day of February, 1981. /s/ Gerald W. Crane, Co-publisher (by) Linda L. Orr, Agent Sworn to and subscribed before me, this 26th day of February, 1981. /s/ Samme Johnson Notary Public, Georgia State at Large. My commission expires Jan. 4, 1982. (Seal). Approved April 6, 1981.

Page 4072

BALDWIN COUNTYDISPOSAL SITES OF HAZARDOUS WASTES, REFERENDUM. No. 380 (House Bill No. 924). AN ACT To amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, so as to provide for an advisory referendum regarding the location in Baldwin County of a site or facility for the handling or disposal of hazardous wastes; to provide 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 Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, is hereby amended by adding immediately after Section 9 thereof a new Section 9.1 to read as follows: Section 9.1. (a) It is the purpose of this Section to provide for an advisory referendum within Baldwin County to determine whether or not the voters of said county wish to have located in the county a site or facility for the handling or disposal of hazardous wastes. The results of this advisory referendum shall not be binding upon the governing authority of Baldwin County. (b) It shall be the duty of the election superintendent of Baldwin County to issue the call for an advisory election for the purpose of submitting to the voters of said county the question of whether or not they wish to have located in the county a site or facility for the handling or disposal of hazardous wastes. The superintendent shall set the date of such election for the same date as the 1982 general primary election. 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 Baldwin County. The ballot shall have written or printed thereon the following: [] YES [] NO Should there be located in Baldwin County a site or facility for the handling or disposal of hazardous wastes?'

Page 4073

All persons desiring to vote for approval of the location in Baldwin County of such sites or facilities shall vote `Yes,' and those persons desiring to vote for disapproval shall vote `No.' (c) It shall be the duty of the election superintendent of Baldwin 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 Baldwin County. The expense of such election shall be borne by Baldwin 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 Baldwin County and is for a public purpose and an essential governmental function for which public funds may be expended. 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 1981 Session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, so as to provide for an advisory referendum regarding the location in Baldwin County of a site or facility for the handling or disposal of hazardous wastes; to repeal conflicting laws; and for other purposes.

Page 4074

This 3rd day of Feb. 1981. Bobby E. Parham Representative, 109th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Parham who, on oath, deposes and says that he/she is Representative from the 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union Recorder which is the official organ of Baldwin County, on the following dates: February 6, 13, 20, 1981. /s/ Bobby E. Parham Representative, 109th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4075

TATTNALL COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 381 (House Bill No. 926). AN ACT To amend an Act creating a board of commissioners for Tattnall County, approved August 18, 1927 (Ga. Laws 1927, p. 674), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2957), so as to change the compensation of the chairman and members of the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Tattnall County, approved August 18, 1927 (Ga. Laws 1927, p. 674), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2957), is hereby amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows: Section 15. The members of the board of commissioners shall receive as their compensation a sum not to exceed $4,800.00 per annum. The chairman shall receive as his compensation a sum not to exceed $7,800.00 per annum. The members of the board and the chairman shall be paid in equal monthly installments out of the funds of Tattnall County. The chairman shall be authorized to employ a secretary for his office and said chairman shall receive $1,200.00 per annum for compensating such secretary. The said commissioners may elect a clerk of said board whose duty it shall be to keep a record of the actings and doings of the board at the courthouse in said county, said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board. The clerk shall perform such other duties as may be assigned him by said board and shall keep all the books and records of his office in a neat first-class and businesslike condition at all times. Such clerk shall receive compensation for all his duties as such clerk in the amount of $350.00 per month. Said clerk may be either a man or woman. Said clerk before entering upon his duties shall give bond with good security in a sum fixed by the commissioners, not less than $2,500.00, payable to and approved by the commissioners, conditioned for his faithful performance of all the duties of such clerk. Said

Page 4076

commissioners before entering upon their duties as such shall take an oath before the ordinary of said county for the faithful performance of their duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be Local Legislation introduced in the 1981 Georgia General Assembly to change the compensation of County Commissioners and other purposes. This is to comply with the unanimous Resolution passed by the Tattnall County Board of Commissioners in Regular Session January 5, 1981. Frank McCall, Chairman Tattnall County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 8, 15, 22, 1981. /s/ Clinton Oliver Representative, 121st District

Page 4077

Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. DADE COUNTYCOMPENSATION OF DEPUTY CLERK OF SUPERIOR COURT. No. 382 (House Bill No. 932). AN ACT To amend an Act placing the Dade County clerk of superior court on an annual salary, approved April 10, 1971 (Ga. Laws 1971, p. 3824), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3969), so as to change the amount of the compensation of the deputy clerk of superior court and the manner of fixing said salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Dade County clerk of superior court on an annual salary, approved April 10, 1971 (Ga. Laws 1971, p. 3824), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3969), is hereby amended by striking from Section 4 the following: $5,000.00 to be determined by the governing authority of the county,

Page 4078

and inserting in its place the following: $7,200.00 to be determined by the clerk of superior court, so that when so amended said Section 4 shall read as follows: Section 4. The clerk of the superior court shall have the authority to appoint a deputy clerk, who shall receive an annual salary not to exceed $7,200.00 to be determined by the clerk of superior court, payable in equal monthly installments. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person who shall be employed as his deputy, and to prescribe his duties and assignments, and to remove or replace any such employee at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Clerk of the Superior Court of Dade County on an annual salary, approved April 10, 1971 (Georgia Laws 1971, p. 3824), as amended; and for other purposes. This 20th day of November, 1980. Wayne Snow 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,

Page 4079

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 11, 18, 25, 1981. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. DADE COUNTYCOMPENSATION OF PROBATE COURT DEPUTIES AND CLERKS. No. 383 (House Bill No. 933). AN ACT To amend an Act placing the Dade County probate judge on an annual salary, approved March 9, 1959 (Ga. Laws 1959, p. 2390), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3225), so as to change the amount of and the manner of fixing the compensation of the deputies and clerks of the Dade County probate judge; to repeal conflicting laws; and for other purposes.

Page 4080

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Dade County probate judge on an annual salary, approved March 9, 1959 (Ga. Laws 1959, p. 2390), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3225), is hereby amended by striking in its entirety Section 6 which reads as follows: Section 6. The Judge of the Probate Court of Dade County may employ deputies and clerks for said office, but none of such deputies or clerks shall be paid out of county funds, except that the Commissioner of Dade County shall on or before the 10th day of each month reimburse said Judge of the Probate Court out of county funds for such sums as he may have paid out for hire of such deputies or clerks during the previous calendar month, upon presentation of statement thereof, provided, however, that such sums shall in no event exceed $6,000.00 in any calendar year., and inserting in its place a new section to read as follows: Section 6. The Dade County probate judge may employ deputies and clerks who shall not be paid out of county funds except that on or before the tenth day of each month the Dade County commissioner shall reimburse the probate judge out of county funds for such sums as he may have paid out for the hire of such deputies or clerks during the previous calendar month. Such sums shall not, however, exceed a total of $7,200.00 in any calendar year; and the probate judge shall determine the amount of such sums up to said maximum. 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 1981 session of the General Assembly of Georgia a bill to amend an Act placing the Judge of the Probate Court of Dade County on an annual salary, approved March 9, 1959 (Georgia Laws 1959, p. 2390), as amended; and for other purposes.

Page 4081

This 20th day of November, 1980. 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 Dade County Sentinel which is the official organ of Dade County, on the following dates: February 11, 18, 25, 1981. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4082

TIFT COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 384 (House Bill No. 934). AN ACT To amend an Act placing the judge of the Probate Court of Tift County upon a salary in lieu of a fee basis, approved March 24, 1965 (Ga. Laws 1965, p. 2541), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4475), so as to authorize the board of commissioners of Tift County to fix the salary of the judge of the Probate Court of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the judge of the Probate Court of Tift County upon a salary in lieu of a fee basis, approved March 24, 1965 (Ga. Laws 1965, p. 2541), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4475), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The judge of the probate court shall receive an annual salary of not less than $13,700.00 and not more than $18,500.00, the exact amount to be determined by the board of commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the judge of the probate court in April, 1981, for the remainder of 1981, and at their regular meeting in December in 1981 and each year thereafter for the succeeding calendar year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Legislation will be introduced at the regular 1981 session of the General Assembly of Georgia to amend existing laws regarding the

Page 4083

compensation of the Judge of the Probate Court of Tift County, and for other purposes. Reinhardt, Whitley Rogers, P. C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/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: January 10, 17, 24, 1981. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 4084

TIFT COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 385 (House Bill No. 935). AN ACT To amend an Act placing the tax commissioner of Tift County upon a salary, approved March 24, 1965 (Ga. Laws 1965, p. 2705), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4088), so as to authorize the board of commissioners of Tift County to fix the salary of the tax commissioner of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the tax commissioner of Tift County upon a salary, approved March 24, 1965 (Ga. Laws 1965, p. 2705), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4088), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The tax commissioner shall receive an annual salary of not less than $14,910.00 and not more than $19,500.00, the exact amount to be determined by the board of commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the tax commissioner in April, 1981, for the remainder of 1981, and at their regular meeting in December in 1981 and each year thereafter for the succeeding calendar year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Legislation will be introduced at the regular 1981 session of the General Assembly of Georgia to amend existing laws regarding the compensation of the Tax Commissioner of Tift County, and for other purposes.

Page 4085

Reinhardt, Whitley Rogers, P. C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/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: January 10, 17 and 24, 1981. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4086

TIFT COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 386 (House Bill No. 936). AN ACT To amend an Act placing the clerk of the Superior Court of Tift County upon a salary in lieu of a fee basis of compensation, approved March 24, 1965 (Ga. Laws 1965, p. 2608), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4474), so as to authorize the board of commissioners of Tift County to fix the salary of the clerk of the Superior Court of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court of Tift County upon a salary in lieu of a fee basis of compensation, approved March 24, 1965 (Ga. Laws 1965, p. 2608), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4474), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The clerk of the superior court shall receive an annual salary of not less than $15,000.00 and not more than $19,500.00, the exact amount to be determined by the board of commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the clerk of the superior court in April, 1981, for the remainder of 1981, and at their regular meeting in December in 1981 and each year thereafter for the succeeding calendar year. The salary provided herein shall be in addition to the salary received by the clerk of the superior court for serving as the clerk of the State Court of Tift County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4087

Notice of Intention to Introduce Local Legislation. Legislation will be introduced at the regular 1981 session of the General Assembly of Georgia to amend existing laws regarding the compensation of the Clerk of the superior and state courts of Tift County, and for other purposes. Reinhardt, Whitley Rogers, P. C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/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: January 10, 17, 24, 1981. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 4088

TIFT COUNTYCOMPENSATION OF CHAIRMAN OF BOARD OF COMMISSIONERS. No. 387 (House Bill No. 937). AN ACT To amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4086), so as to authorize the board of commissioners of Tift County to fix the salary of the chairman of the board of commissioners of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4086), is hereby amended by striking subsection (b) of Section 4 in its entirety and inserting in lieu thereof a new subsection (b) of Section 4 to read as follows: (b) The chairman of the board of commissioners shall receive an annual salary of not less than $18,000.00 and not more than $22,000.00, the exact amount to be determined by the board of commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the chairman in April, 1981, for the remainder of 1981, and at their regular meeting in December in 1981 and each year thereafter for the succeeding calendar year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legal Legislation. Legislation will be introduced at the regular 1981 session of the General Assembly of Georgia to amend existing laws regarding the

Page 4089

compensation of the Chairman of the Board of Commissioners of Tift County, and for other purposes. Reinhardt, Whitley Rogers, P. C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/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: January 10, 17 and 24, 1981. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 4090

TIFT COUNTYCOMPENSATION OF SHERIFF. No. 388 (House Bill No. 938). AN ACT To amend an Act placing the sheriff of Tift County on a salary basis, approved March 24, 1965 (Ga. Laws 1965, p. 2545), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4084), so as to authorize the board of commissioners of Tift County to fix the salary of the sheriff of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Tift County on a salary basis, approved March 24, 1965 (Ga. Laws 1965, p. 2545), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4084), is hereby amended by striking Section 2a in its entirety and inserting in lieu thereof a new Section 2a to read as follows: Section 2a. The sheriff shall receive an annual salary of not less than $19,600.00 and not more than $26,000.00, the exact amount to be determined by the board of commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the sheriff in April, 1981, for the remainder of 1981, and at their regular meeting in December in 1981 and each year thereafter for the succeeding calendar year. The salary provided herein shall be in addition to the salary received by the sheriff for serving as sheriff of the State Court of Tift County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Legislation will be introduced at the regular 1981 session of the General Assembly of Georgia to amend existing laws regarding the compensation of the Sheriff of Tift County, and for other purposes.

Page 4091

Reinhardt, Whitley Rogers, P. C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/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: January 10, 17 and 24, 1981. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 4092

WHITFIELD COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 389 (House Bill No. 941). AN ACT To amend an Act amending, revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners for said county, approved February 21, 1964 (Ga. Laws 1964, p. 2175), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3455), so as to change the provisions relative to the compensation and expense allowances 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 amending, revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners for said county, approved February 21, 1964 (Ga. Laws 1964, p. 2175), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3455), is hereby amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. Compensation and allowances. (a) Except as otherwise provided by subsection (b) of this Section, members of the Board of Commissioners, other than the Chairman, shall be compensated in an amount not exceeding $250.00 per month; and the Chairman shall be compensated in an amount not exceeding $300.00 per month. (b) Effective on or after January 1, 1983, members of the Board, other than the Chairman, shall be compensated in an amount not exceeding $300.00 per month; and the Chairman shall be compensated in an amount not exceeding $350.00 per month. (c) The Board of Commissioners shall fix the compensation of members of the Board, within the limitations specified by subsection (a) or (b), by resolution duly adopted by the Board.

Page 4093

(d) In addition to the compensation provided for by subsection (a) or (b) of this Section, each member of the Board of Commissioners may be reimbursed for actual and necessary expenses incurred by the member in carrying out official duties or, as an alternative thereto, each member may receive an expense allowance of $100.00 per month. The alternative provided for herein shall be applicable for each month, but the Board shall adopt a resolution specifying the method of reimbursement of expenses which shall be applicable and the period of time during which such method shall be applicable. When members are reimbursed for actual and necessary expenses, such expenses shall be itemized and documented by the member claiming such reimbursement. (e) The compensation and expenses provided for by this Section shall be paid from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners for Whitfield County, approved February 21, 1964 (Ga. Laws 1964, p. 2175), and for other purposes. This 23rd day of January, 1981. /s/ R. L. Foster Representative, 6th District

Page 4094

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following dates: February 6, 13, 20, 1981. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. McDUFFIE COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 390 (House Bill No. 942). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of McDuffie County into the office of tax commissioner of

Page 4095

McDuffie County, approved March 27, 1972 (Ga. Laws 1972, p. 2543), as amended, so as to change the compensation provisions relating to the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of McDuffie County into the office of tax commissioner of McDuffie County, approved March 27, 1972 (Ga. Laws 1972, p. 2543), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The tax commissioner of McDuffie County shall receive an annual base salary of $14,400.00, payable in equal monthly installments from the funds of McDuffie County. All fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds for McDuffie County. Once each month, the tax commissioner shall pay over to the fiscal authority of McDuffie County all funds collected by him with a detailed, itemized statement showing the collections and the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department; provided, however, that the tax commissioner shall be authorized to retain as additional compensation those commissions allowed by Code Section 91A-1370, relating to commissions on taxes collected in excess of a certain percentage of taxes due according to the tax net digest, as now or hereafter amended. (b) The tax commissioner shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 1983, 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

Page 4096

previous January 1, the existing compensation of the tax commissioner shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base salary' of the tax commissioner shall be computed at $14,400.00 January 1, 1983, and thereafter shall be computed at $14,400.00 plus cost-of-living increases which have been made in prior years; provided, however, that the total annual salary of the tax commissioner shall not exceed $20,000.00. Section 2. Said Act is further amended by striking in its entirety Section 4, which reads as follows: Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to McDuffie County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, except those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, 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, Extra 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 3. Said Act is further amended by striking in its entirety Section 5A, which reads as follows: Section 5A. The tax commissioner shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1978, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing compensation of the tax commissioner shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer

Page 4097

Price Index, not exceeding 5%. For the purposes of this section only, the `base salary' of the tax commissioner shall be computed at $12,000.00 January 1, 1978, and thereafter shall be computed at $12,000.00 plus cost-of-living increases which have been made in prior years. Section 4. This Act shall become effective July 1, 1981. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County, approved March 27, 1972 (Ga. Laws 1972, p. 2543), as amended; and for other purposes. This 19th day of January, 1981. /s/ Warren D. Evans Representative, 84th 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 22, 29, and February 5, 1981. /s/ Warren D. Evans Representative, 84th District

Page 4098

Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. DOUGHERTY COUNTYCOMPENSATION OF NAMED COUNTY OFFICIALS. No. 391 (House Bill No. 949). AN ACT To amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 2293), an Act approved January 31, 1974 (Ga. Laws 1974, p. 2021), an Act approved March 11, 1977 (Ga. Laws 1977, p. 3158), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3675), so as to change the compensation of the Sheriff, Judge of the Probate Court, and Clerk of the Superior Court of Dougherty County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4099

Section 1. An Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 2293), an Act approved January 31, 1974 (Ga. Laws 1974, p. 2021), an Act approved March 11, 1977 (Ga. Laws 1977, p. 3158), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3675), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof the following: Section 2. (a) The salary of the Sheriff of Dougherty County shall be $30,000.00 per annum. (b) The salary of the Judge of the Probate Court of Dougherty County shall be $26,000.00. Such salary shall be paid in lieu of all fees which are now or may hereafter be allowed by law to be received or collected as compensation by said judge, specifically including those fees authorized pursuant to Code Chapter 88-17, relating to vital records, as the same may now or hereafter be amended. All such fees shall be collected and paid into the county treasury as provided by Section 5 of this Act. (c) The salary of the Clerk of the Superior Court of Dougherty County shall be $28,000.00 per annum. (d) Each of said officials shall be paid monthly from the general funds in the county treasury. Section 2. Said Act is further amended by striking in its entirety Section 2A. Section 3. This Act shall become effective on July 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. There will be introduced at the regular 1981 session of the General Assembly of Georgia a local bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an

Page 4100

Act approved March 26, 1969 (Ga. L. 1969, p. 2293), and an Act approved January 31, 1974 (Ga. L. 1974, p. 2021), an Act approved March 11, 1977 (Ga. L. 1977, p. 3158), and an Act approved March 13, 1978 (Ga. L. 1978, p. 3675), so as to change the compensation of the Sheriff, Judge of the Probate Court, and Clerk of the Superior Court of Dougherty County; to repeal conflicting laws; to provide an effective date; and for other purposes. This 3rd day of February, 1981. W. Spencer Lee, IV, County Attorney Dougherty County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless 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 5, 12, 19, 1981. /s/ Tommy Chambless Representative, 131st District Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4101

STATE COURT OF DOUGHERTY COUNTYCOURT COSTS. No. 392 (House Bill No. 950). 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, particularly by 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 costs and fees 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 Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended, particularly by 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), is hereby amended by striking Section 24 in its entirety and substituting in lieu thereof the following: Section 24. The cost and fees charged in the State Court of Dougherty County shall be a flat amount of $17.50 which shall be the total cost of the case and which shall not be refunded. Such fee shall be charged in garnishment proceedings also.

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Section 2. Said Act is further amended by striking in Section 25 the following: $12.50 on costs of suit, and substituting in lieu thereof the following: $17.50 as provided in Section 24, so that when so amended Section 25 shall read as follows: Section 25. Each party filing a civil suit or proceeding in said court shall deposit with the Clerk of said court at the time of the filing or commencement of said proceeding the sum of $17.50 as provided in Section 24; provided, however, said deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in said suit or proceedings, the amount of said deposit shall be taxed as part of the costs against the losing party defendant, and shall be refunded to the party depositing the same after all costs have been paid. Section 3. This Act shall become effective upon July 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. There will be introduced for passage of the regular 1981 session of the General Assembly of Georgia a local bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, so as to increase the fees and costs in the State Court of Dougherty County, Georgia; to set the salary of the Clerk of said court; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1981. W. Spencer Lee, IV, County Attorney Dougherty County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless 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 5, 12, 19, 1981. /s/ Tommy Chambless Representative, 131st District Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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UNION COUNTYEXPENSES OF SHERIFF'S OFFICE. No. 393 (House Bill No. 954). AN ACT To amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system, approved March 11, 1968 (Ga. Laws 1968, p. 2264), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3564), by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4361), and by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3122), so as to change the provisions relative to expenses for the sheriff's office; to provide for budgeting such expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the Sheriff of Union County in lieu of the fee system, approved March 11, 1968 (Ga. Laws 1968, p. 2264), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3564), by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4361), and by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3122), is hereby amended by striking Sections 4 and 5 in their entirety and substituting in lieu thereof three new Section 4, 5, and 5A to read as follows: Section 4. The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to 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, but the compensation for each deputy sheriff shall not exceed $12,000.00 per annum. Within the limitation provided herein it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.

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Section 5. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, 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 Union County. Section 5A. The expenses of the sheriff's office, as provided in Section 4 and 5 of this Act, shall be budgeted in accordance with procedures adopted by the governing authority of Union County as provided by the Act providing for basic local government financial management standards and procedures, approved April 8, 1980 (Ga. Laws 1980, p. 1738). 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 1981 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Union County on a salary in lieu of the fee system of compensation, approved March 11, 1968 (Ga. Laws 1968, p. 2264), as amended; and for other purposes. This 20th day of January, 1981. /s/ Carlton Colwell Representative, 4th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/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 22, 29, and February 5, 1981. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. FANNIN COUNTYCORONER PLACED ON SALARY BASIS. No. 394 (House Bill No. 955). AN ACT To provide an annual salary for the coroner of Fannin County in lieu of the fee system of compensation; to provide for matters relative

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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. The coroner of Fannin County is hereby placed on a salary basis in lieu of a fee basis for all of his services and shall be compensated in the amount of $1,500.00 per annum to be paid in equal monthly installments from the fund of Fannin County. Such salary shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other emoluments and perquisites of whatever kind previously allowed the coroner, and they shall become the property of Fannin County and shall be paid to the fiscal officer of the county on or before the fifteenth day of each month for the preceding month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a Bill to provide an annual salary for the Coroner of Fannin County; to provide for any matters relative thereto and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue Ridge Summit-Post which is the official organ of Fannin County, on the following dates; January 30, February 6, 13, 1981.

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/s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. STATE COURT OF DeKALB COUNTYASSISTANT SOLICITORS. No. 395 (House Bill No. 960). AN ACT To amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, so as to change the provisions relating to assistant solicitors of said court; to provide for appointments and removal; to provide for qualifications; to provide for compensation; to provide for additional 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 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, particularly

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by an Act approved March 16, 1961 (Ga. Laws 1961, p. 2461), and an Act approved March 22, 1974 (Ga. Laws 1974, p. 3111), is hereby amended by striking in its entirety the Section 5 substituted by said later amendatory Act, which reads as follows: Section 5. The solicitor of the State Court of DeKalb County shall have authority to appoint two additional assistant solicitors for said Court subject to the approval of the judges thereof. Such assistant solicitors may be removed by the concurrent action of the judges and solicitors. Each of said assistant solicitors shall have been a resident of DeKalb County at least one year prior to his appointment, shall be at least 21 years of age at the time of his appointment and shall be a member of the State Bar of Georgia. The salary of said assistant solicitors shall be fixed by the Board of Commissioners of DeKalb County at not less than $6,000.00 per annum, to be paid monthly out of the county treasury as an expense of the Court. Section 2. 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, particularly by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3137), and an Act approved March 22, 1974 (Ga. Laws 1974, p. 3111), is hereby amended by striking in its entirety Section 6-A, which reads as follows: Section 6-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be an assistant solicitor of the Civil Court of DeKalb County. Such office shall be filled by the present assistant solicitor of the City Court of Decatur at the time of the effective date of this Act, who shall serve until his successor shall have been chosen in the manner herein provided. The assistant solicitor of such court shall be nominated by the solicitor of said court, subject to the approval of the judges thereof. He may be removed by the concurrent action of the judges and solicitor. The present assistant solicitor of the Civil and Criminal Court of DeKalb County shall be named and referred to as the first assistant solicitor of said court. The salary of said first assistant solicitor shall be fixed by the Board of Commissioners of Roads and Revenue of DeKalb County at not less than $7500.00 per annum, payable monthly, out of the county treasury as an expense of the court. The qualifications for the office of assistant solicitor shall be the same as those of the solicitor of such court.,

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and inserting in lieu thereof a new Section 6-A to read as follows: Section 6-A. The solicitor of the State Court of DeKalb County shall have authority to appoint five assistant solicitors. Such assistant solicitors may be removed by the solicitor. Each of said assistant solicitors shall have been a resident of DeKalb County at least one year prior to his appointment, shall be at least 21 years of age at the time of his or her appointment and shall be a member of the State Bar of Georgia. The salary of said assistant solicitors shall be fixed by the Board of Commissioners of DeKalb County at not less than $6,000.00 per annum, to be paid monthly out of the county treasury as an expense of the Court. 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. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia, 1981, such legislation being an act to amend an Act approved February 14, 1951, (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and Acts amendatory thereto, and as amended (being the State Court of DeKalb County), so as to provide for the addition of a fifth and sixth Assistant Solicitor of said court; to repeal conflicting laws; and for other purposes. This 12th day of January, 1981. John R. Thompson Solicitor, State Court of DeKalb County, Georgia

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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: January 15, 22, 29, 1981. /s/ Peggy Childs Representative, 51st District Sworn to and subscribed before me, this 26th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. WILKES COUNTYCOMPENSATION OF CORONER. No. 396 (House Bill No. 962). AN ACT To amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. Laws 1978, p. 3121), so as to change the amount of said salary; 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 an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. Laws 1978, p. 3121), is hereby amended by striking from Section 1 the figure $600.00 and inserting in its place the figure $1,200.00 so that when so amended said section shall read as follows: Section 1. The Coroner of Wilkes County is hereby placed on an annual salary of $1,200.00 in lieu of all fees, costs and emoluments of whatever kind and nature formerly allowed said officer. Said salary shall be paid in equal monthly installments out of the funds of Wilkes County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. Laws 1978, p. 3121); to repeal conflicting laws; and for other purposes. This 16th day of January, 1981. Ben Barron Ross Representative, 76th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross who, on oath, deposes and says that he/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following dates: January 22, 29, and February 5, 1981. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CANDLER COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 397 (House Bill No. 963). AN ACT To amend an Act creating and establishing a small claims court in and for Candler County, approved March 11, 1977 (Ga. Laws 1977, p. 3132), so as to change the jurisdiction of said court; to change the method and amount of compensation of the judge of said court; to change the cost of service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating and establishing a small claims court in and for Candler County, approved March 11, 1977 (Ga. Laws 1977, p. 3132), is hereby amended by striking from Section 1 of said Act the following: $1,500.00, and inserting in lieu thereof the following: $2,500.00, so that when so amended, Section 1 of said Act shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Candler County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking from subsection (d) of Section 6 the following: $7.50, and inserting in lieu thereof the following: $15.00, 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 $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. Section 3. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

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Section 5. The judge shall be authorized to collect a commission from the claimant on each claim processed through said court which shall be a sum equivalent to 10 percent of the amount of the claim or $25.00, whichever is greater. Such commission shall be retained by the judge as his sole remuneration. All other fees or costs authorized herein which are collected by said judge shall be remitted by him to the county treasury or depository to be used for county purposes. Section 4. Said Act is further amended by striking from subsection (b) of Section 8 the following: The judge shall be entitled to a fee of $10.00 for every such claim case., and inserting in lieu thereof the following: The claimant shall deposit the sum of $10.00 with the court to cover the costs of the proceeding., so that when so amended, subsection (b) of Section 8 shall read as follows: (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The claimant shall deposit the sum of $10.00 with the court to cover the costs of the proceeding. 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 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 1981 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a Small Claims Court in and for Candler

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County, approved March 11, 1977 (Ga. Laws 1977, p. 3132); and for other purposes. This 28th day of January, 1981. John David Miles Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John David Miles who, on oath, deposes and says that he/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter News and Advertiser which is the official organ of Candler County, on the following dates: February 4, 10, 18, 1981. /s/ John David Miles Representative, 107th District Sworn to and subscribed before me, this 2nd day of March 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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CRISP COUNTYCOMPENSATION OF NAMED COUNTY OFFICIALS. No. 398 (House Bill No. 964). AN ACT To amend an Act providing a salary for the clerk of the superior court, judge of the probate court, sheriff, and tax commissioner of Crisp County, approved February 28, 1966 (Ga. Laws 1966, p. 2428), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3428), so as to change the provisions relating to the compensation of the clerk of the superior court, judge of the probate court, and sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the clerk of the superior court, judge of the probate court, sheriff, and tax commissioner of Crisp County, approved February 28, 1966 (Ga. Laws 1966, p. 2428), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3428), is hereby amended by striking subsection (a) of Section 2 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The clerk of the superior court shall receive an annual salary of $20,750.00. The salary of the clerk provided for herein shall be increased by a percentage equal to the percentage of increase hereafter granted by the governing authority of Crisp County to county employees for cost-of-living adjustments, including cost-of-living adjustments granted to county employees in the form of a bonus. Section 2. Said Act is further amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The sheriff shall receive an annual salary of $21,750.00. The salary of the sheriff provided for herein shall be increased by a percentage equal to the percentage of increase hereafter granted by the governing authority of Crisp County to county employees for cost-of-living adjustments, including cost-of-living adjustments granted to county employees in the form of a bonus.

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Section 3. Said Act is further 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) The judge of the probate court shall receive an annual salary of $20,750.00. The salary of the judge of the probate court provided for herein shall be increased by a percentage equal to the percentage of increase hereafter granted by the governing authority of Crisp County to county employees for cost-of-living adjustments, including cost-of-living adjustments granted to county employees in the form of a bonus. 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 1981 session of the General Assembly of Georgia, a bill to amend an Act placing certain county officers of Crisp County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2428), as amended; and for other purposes. This 6 day of February, 1981. Ovis Stephens, Clerk Superior Court Ernest W. Forrest, Sheriff Elizabeth H. Westbrook, Judge Probate Court

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State of Georgia, County of Crisp. Personally appeared before me, the undersigned officer authorized to administer oaths, Jack C. Mathews, who, after being duly sworn as provided by law, deposes and states that he is publisher of The Cordele Dispatch, the official organ of Crisp 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 Cordele Dispatch, once a week for three weeks, to-wit: in the regular issues of February 13, 18 and 25, 1981. /s/ Jack C. Mathews, Publisher, The Cordele Dispatch, Cordele, Crisp County, Georgia Sworn to and subscribed before me, this 26th day of February, 1981. /s/ Kay B. Langford Notary Public. My Commission Expires April 6, 1982. (Seal). Approved April 6, 1981.

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ELBERT COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 399 (House Bill No. 965). AN ACT To amend an Act providing for a board of commissioners of Elbert County, approved February 27, 1875 (Ga. Laws 1875, p. 253), as amended, so as to change the compensation provisions relating to 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 providing for a board of commissioners of Elbert County, approved February 27, 1875 (Ga. Laws 1875, p. 253), as amended, is hereby amended by striking in its entirety the last sentence of subsection (a) of Section 1B, which reads as follows: The members of the board are hereby authorized to determine and fix their own compensation in an amount not to exceed seventy-five ($75.00) dollars per month payable from the funds of Elbert County, at any regular monthly meeting of the board, and the amount of such compensation shall be duly entered on the minutes of such meeting., and inserting in lieu thereof a new sentence to read as follows: The members of the board are hereby authorized to determine and fix their own compensation in an amount not to exceed two hundred ($200.00) dollars per month payable from the funds of Elbert County, at any regular monthly meeting of the board, and the amount of such compensation shall be duly entered on the minutes of such meeting; provided, however, that the chairman shall be compensated as provided in Section 2. Section 2. This Act shall become effective on the first day 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 Intent to Introduce Local Legislation. Notice is hereby given of the intent to have introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an act providing for a board of commissioners of Elbert County approved February 27, 1875, (Georgia Laws 1875, page 253), as amended; and for other purposes. This 9th day of January, 1981. James I. Roberts Attorney for Elbert County 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 Elbert Beacon which is the official organ of Elbert County, on the following dates: January 16, 23 and 30, 1981. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

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GLYNN COUNTYCOMPENSATION OF DEPUTY MAGISTRATE. No. 400 (House Bill No. 966). AN ACT To amend an Act creating the Magistrate's Court of Glynn County, approved April 4, 1963 (Ga. Laws 1963, p. 2969), as amended, particularly by an Act approved March 9, 1979 (Ga. Laws 1979, p. 3106), so as to change provisions relating to the compensation of the deputy magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Magistrate's Court of Glynn County, approved April 4, 1963 (Ga. Laws 1963, p. 2969), as amended, particularly by an Act approved March 9, 1979 (Ga. Laws 1979, p. 3106), is hereby amended by striking Section 4A and inserting in its place a new section to read as follows: Section 4A. The deputy magistrate shall receive an annual salary of $10,700.00, payable in equal monthly installments from funds of Glynn County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to amend an Act creating the Magistrate's Court of Glynn County, approved April 4, 1963, (Ga. L. 1963, p. 2969), as amended, to provide for the compensation of the Magistrate and Deputy Magistrate, to repeal conflicting laws, and for other purposes. This 29th day of December, 1980. Bill Littlefield Senator, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Tuten, Jr. who, on oath, deposes and says that he/she is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: January 2, 9, 16, 1981. /s/ James R. Tuten, Jr. Representative, 153rd District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CRAWFORD COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 401 (House Bill No. 967). AN ACT To amend an Act creating the board of commissioners of Crawford County, approved March 2, 1874 (Ga. Laws 1874, p. 339), as amended, so as to change the compensation of the members of said board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the board of commissioners of Crawford County, approved March 2, 1874 (Ga. Laws 1874, p. 339), as amended, is hereby amended by striking Section 7-A in its entirety and inserting in lieu thereof a new Section 7-A to read as follows: Section 7-A. Each member of the board of commissioners of Crawford County shall receive an annual salary of $1,800.00, payable in equal monthly installments from the funds of the county. Each member shall also receive a travel allowance in the amount of $2,400.00 per annum, payable in equal monthly installments from county funds.

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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 Passage of Local Legislation. Pursuant to Section 2-1309 Georgia Code Annotated, notice is hereby given that Crawford County, Georgia intends to apply for passage of local legislation so as to have the General Assembly of the State of Georgia amend the transportation expense allocation paid monthly to the position of County Commissioner in Crawford County. This the 29th day of January, 1981. Charles Dubyak County Administrator 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 29, February 5, 12, 1981. /s/ Bryant Culpepper Representative, 98th District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. PEACH COUNTY CHARTER COMMISSION CREATED. No. 402 (House Bill No. 968). AN ACT To create the Peach County Charter Commission to study the provision of governmental services in and by Peach County and the municipalities therein; to provide for membership, compensation, and duties of the commission; to provide for repeal 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. (a) There is hereby created the Peach County Charter Commission. (b) The commission shall consist of: (1) Two residents of Fort Valley, to be appointed by the mayor and council of Fort Valley; (2) Two residents of Byron, to be appointed by the mayor and council of Byron;

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(3) Two residents of any part of incorporated or unincorporated Peach County, to be appointed by the Peach County commissioners; and (4) One resident of any part of incorporated or unincorporated Peach County, to be appointed by the Peach County delegation of the General Assembly. (c) No member shall be an elected or appointed government official. (d) The members of the commission shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. (e) All expenditures of the commission, other than incidental expenses of the members, shall require the prior concurrent approval of the governing authorities of Byron, Fort Valley, and Peach County. (f) The reimbursement of expenses of the members and any approved expenditures of the commission shall be paid in equal shares by Byron, Fort Valley, and Peach County. Section 2. (a) The purpose of the commission shall be to study the present provision of governmental services in and by Peach County and the municipalities therein and to develop recommendations for improving the delivery of such governmental services. (b) Such study and recommendations may include but shall not be limited to the following services: fire, police, ambulance, building code enforcement, water and sewer, tax assessment, data processing, and communications. Section 3. Effective July 1, 1983, this Act shall stand repealed and the commission shall be abolished. 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.

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Notice. Notice is hereby given that there will be introduced in the 1981 session of the General Assembly of Georgia, a bill creating the Peach County Charter Commission. Bryant Culpepper Representative, District 98 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper who, on oath, deposes and says that he/she is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader Tribune which is the official organ of Peach County, on the following dates: February 12, 19, 26, 1981. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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SPALDING COUNTYCOMPENSATION OF CORONER. No. 403 (House Bill No. 969). AN ACT To amend an Act abolishing the fee system as the mode of compensation of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. Laws 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2561), an Act approved April 5, 1971 (Ga. Laws 1971, p. 3108), an Act approved March 30, 1977 (Ga. Laws 1977, p. 4238), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3196), and an Act approved April 11, 1979 (Ga. Laws 1979, 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 abolishing the fee system as the mode of compensation of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. Laws 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2561), an Act approved April 5, 1971 (Ga. Laws 1971, p. 3108), an Act approved March 30, 1977 (Ga. Laws 1977, p. 4238), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3196), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3452), is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The coroner of Spalding County shall be paid a monthly salary at the rate of $3,000.00 per annum, plus the additional sum of $150.00 per annum for each regular four-year term or part of such term which such officer has completed, which compensation shall be apportioned and payable for the remainder of the current year 1981 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County. In addition thereto, said officer shall receive $100.00 per month as an expense allowance to cover and provide in full for his expenses of travel within Spalding County each month, which allowance shall be payable from the funds of said county. Said compensation and

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expense allowance shall be payable in equal monthly installments, as accrued, on the last day of each month, which said compensation and expense allowance shall be in full payment of all services rendered by said officer and shall be inclusive. Said officer shall not receive any other compensation for services performed or for expenses of travel within Spalding County incurred by him as coroner of said county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a Bill to change the compensation of the Coroner of Spalding County; to repeal conflicting laws and for other purposes. This the 2nd day of January, 1981. Maureen C. Jackson As Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is a 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 3, 1981; January 10, 1981; and January 17, 1981. /s/ John L. Mostiler Representative, 71st District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF SPALDING COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 404 (House Bill No. 970). AN ACT To amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. Laws 1897, p. 462), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4301), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. Laws 1897, p. 462), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4301), is hereby amended by striking from Section 3 the following:

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twelve thousand ($12,000.00) dollars per annum, and inserting in lieu thereof the following: $13,200.00 per annum, so that when so amended, Section 3 shall read as follows: Section 3. Be it further enacted by authority of the same, that there shall be a judge of the State Court of Spalding County, who shall be elected by the qualified voters of the County of Spalding and whose term of office shall be four years, and all vacancies in the said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under this provision of this Act shall be at the same time and place and under all the rules and regulations provided for the election of the county officers of Spalding County, Georgia, in October, 1908, and shall be for a term of four years, beginning January 1, 1909. Subsequent elections shall be held at intervals of four years from the date of this first election. The judge of the State Court of Spalding County shall receive a salary of $13,200.00 per annum, which shall not be diminished during his term of office, and which shall be paid monthly on the receipt of the said judge out of the treasury of Spalding County. It shall be the duty of the board of commissioners of said county to make provisions for this purpose in levying county taxes. Section 2. Said Act is further amended by striking from Section 5 the following: twelve thousand ($12,000.00) dollars per annum, and inserting in lieu thereof the following: $13,200.00 per annum, so that when so amended, Section 5 shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that there shall be a solicitor of the State Court of Spalding County, to be elected by the qualified voters of the County of Spalding, whose term of office shall be four years and all vacancies in said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under the provisions of

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this Act shall be held at the same time and place and under all the rules and regulations provided for the election of county officers of Spalding County on October 19, 1908, and shall be for a term of four years, beginning January 1, 1909. Subsequent elections at intervals of four years from the date of the first election at the regular election for county officers. Any person to be eligible to the position of solicitor of the State Court of Spalding County must have reached the age of 25 years, must have practiced law at least three years, and must have been a citizen of Spalding County at least three years. The said solicitor shall receive for each written accusation filed with the clerk of court the sum of $6.25; shall receive for each person prosecuted to trial or plea of guilty for any offense the sum of $6.25; his fees for all other services rendered shall be the same as are allowed a district attorney of the superior court; for his services in the Supreme Court he shall be paid out of the treasury of the state in the same manner as the district attorney of the superior court is paid for like services, provided that at the end of each term of the state court the solicitor of the State Court of Spalding County shall collect the full amount of his fees at the distribution of the same by the judge of the state court and pay over the same into the treasury of the County of Spalding; and at all times he shall collect and pay over into the treasury of said county all the money he receives under this fee system. For all his services the said solicitor shall receive a salary of $13,200.00 per annum which shall be paid him monthly out of the treasury of Spalding County upon receipt of said solicitor of State Court of Spalding County, said salary shall not be diminished during his term of office, and his salary shall be his only compensation for the services rendered by the said solicitor of the State Court of Spalding County. Before entering upon the duties of his office the said solicitor shall give a bond payable to the Governor and his successors in office with good security to be approved by the judge of said court, in the sum of $2,000.00, conditioned to account for all money which may come into his hands as solicitor and for the faithful discharge of the duties of said office, and in addition to the oath required of all civil officers take and subscribe the following oath: `I do swear that I will faithfully and impartially and without fear, favor, or affection, discharge my duties as solicitor of the State Court of Spalding County, so held me God.' Said bond and oath shall be entered on the minutes of the court by the clerk of the State Court of Spalding County and may be sued on by any person interested. In case of his absence or disqualification to act in any case, the court shall have power to appoint a solicitor pro tem.

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Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a Bill to change the compensation of the Judge and Solicitor of the State Court of Spalding County; to repeal conflicting laws and for other purposes. This the 2nd day of January, 1981. Maureen C. Jackson As Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is a 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 3, 1981; January 10, 1981; and January 17, 1981. /s/ John L. Mostiler Representative, 71st District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. SPALDING COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 405 (House Bill No. 971). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, approved February 16, 1950 (Ga. Laws 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2659), an Act approved April 5, 1971 (Ga. Laws 1971, p. 3110), an Act approved February 25, 1977 (Ga. Laws 1977, p. 2791), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4135), so as to change the compensation of the tax commissioner of Spalding County; to provide for payment thereof; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Spalding County, approved February 16, 1950 (Ga. Laws 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2659), an Act approved April 5, 1971 (Ga. Laws 1971, p. 3110), an Act approved February 25, 1977 (Ga. Laws 1977, p. 2791), and an Act approved April 11, 1979 (Ga.

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Laws 1979, p. 4135), is hereby amended by striking subsection (a) of Section 3 thereof in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The tax commissioner of Spalding County shall be paid a monthly salary at the rate of $21,175.00 per annum, which shall be in addition to the sum authorized in subsection (c). Section 2. Said Act is further amended by striking subsection (b) of Section 3 in its entirety and substituting in lieu thereof a new subsection (b), which shall read as follows: (b) Said salary shall be apportioned and payable for the remainder of the current year 1981 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County and shall be payable, as accrued, in equal monthly installments on the last day of each month. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a Bill to change the compensation of the Tax Commissioner of Spalding County; to repeal conflicting laws and for other purposes. This the 2nd day of January, 1981. Maureen C. Jackson As Clerk of Spalding County Commissioners

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is a 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 3, 1981; January 10, 1981; and January 17, 1981. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. SPALDING COUNTYCOMPENSATION OF NAMED COUNTY OFFICIALS. No. 406 (House Bill No. 972). AN ACT To amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers and providing in

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lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. Laws 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2210), an Act approved April 10 1971 (Ga. Laws 1971, p. 3985), an Act approved March 30, 1977 (Ga. Laws 1977, p. 4217), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4138), so as to change the compensation of the clerk of the Superior Court of Spalding County, including compensation for his services as clerk for the State Court of Spalding County; to change the compensation of the sheriff of Spalding County, including compensation for his services as sheriff of the State Court of Spalding County; to change the compensation of the judge of the Probate Court of Spalding County; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system as the mode of compensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. Laws 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2210), an Act approved April 10 1971 (Ga. Laws 1971, p. 3985), an Act approved March 30, 1977 (Ga. Laws 1977, p. 4217), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4138), is hereby amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The clerk of the Superior Court of Spalding County, including his services as clerk (or ex officio clerk) of the State Court of Spalding County, shall be paid a monthly salary at the rate of $21,175.00 per annum. (b) The sheriff of Spalding County, including his services as sheriff of the State Court of Spalding County, shall be paid a monthly salary at the rate of $23,200.00 per annum. (c) Said salaries or compensation of each of the two aforesaid officers shall be apportioned and payable for the remainder of the current year 1981 at said respective annual rates and shall be payable for all subsequent years at said respective annual rates.

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Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The judge of the Probate Court of Spalding County formerly known and designated as the `Ordinary of Spalding County' shall be paid a monthly salary at the rate of $20,080.00 per annum. (b) Said salary or compensation shall be apportioned and payable for the remainder of the current year 1981 at said respective annual rate and shall be payable for all subsequent years at said annual rate. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a Bill to change the compensation of the Sheriff of Spalding County, the Judge of the Probate Court of Spalding County, and the Clerk of the Superior Court of Spalding County and Ex-Officio Clerk of the State Court of Spalding County; to repeal conflicting laws and for other purposes. This the 2nd day of January, 1981. Maureen C. Jackson As Clerk of Spalding County Commissioners

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler who, on oath, deposes and says that he is a 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 3, 1981; January 10, 1981; and January 17, 1981. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. SPALDING COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 407 (House Bill No. 973). AN ACT To amend an Act creating the board of commissioners of Spalding County, approved February 5, 1873 (Ga. Laws 1873, p. 289), as

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amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3454), so as to provide for additional compensation for the chairman and members of the board of commissioners of Spalding County, Georgia, in the form of an expense allowance for travel within Spalding County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of Spalding County, approved February 5, 1873 (Ga. Laws 1873, p. 289), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3454), is hereby amended by striking Section II of said Act in its entirety and substituting lieu thereof a new Section II to read as follows: Section II. (a) The chairman of the board of commissioners of Spalding County, Georgia, shall be paid a salary at the rate of $8,160.00 per annum for his or her services and each of the other two commissioners of said board shall respectively be paid a salary at the rate of $7,440.00 per annum for his or her services, which said salaries shall be apportioned and payable for the remainder of the current year 1979 and for all subsequent years at said respective annual rates from the funds of Spalding County and shall be payable, as accrued, in monthly installments or other periodic installments at the discretion of the majority of said three commissioners. (b) The chairman of the board of commissioners of Spalding County, Georgia, shall receive $200.00 per month as an expense allowance to cover and provide in full for his expenses of travel within Spalding County each month, which compensation shall be payable in monthly installments on the last day of each month from the funds of Spalding County and shall be in addition to the salary and any other compensation received by such officer. (c) Each of the other two members of the board of commissioners of Spalding County, Georgia, shall receive $150.00 per month as an expense allowance to cover and provide in full for his expenses of travel within Spalding County each month, which compensation shall be payable in monthly installments on the last day of each month from the funds of Spalding County and shall be in addition to the salary and other compensation received by such members.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a Bill to change the compensation of the Commissioners of Spalding County and the Chairman of the Board of Commissioners of Spalding County; to repeal conflicting laws for other purposes. This the 2nd day of January, 1981. Maureen C. Jackson As Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler who, on oath, deposes and says that he is a 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 3, 1981, January 10, 1981, and January 17, 1981. /s/ John L. Mostiler Representative, 71st District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. SWAINSBORO PUBLIC FACILITIES AUTHORITY. No. 408 (House Bill No. 976). AN ACT To create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Swainsboro 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 Swainsboro, for its governmental, proprietary, and administrative functions, to authorize the City of Swainsboro 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 on the Authority and the City of Swainsboro to enter into contracts and leases pertaining to the use of such facilities, which contracts and 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 Swainsboro 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

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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 define the scope of the Authority's operations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Swainsboro Public Facilities Authority created. There is hereby created a public body corporate and politic to be known as the Swainsboro Public Facilities Authority, herein called the Authority which shall be an instrumentality and a public corporation of the State of Georgia, the purpose of which shall be to acquire, construct, and equip self-liquidating projects including buildings and facilities for use by the City of Swainsboro for its governmental, proprietary, and administrative functions and the City of Swainsboro 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 the Act known as the Georgia State Financing and Investment Commission Act, approved April 13, 1973 (Ga. Laws 1973, p. 750), as amended, codified in Ga. Code Ann., Ch. 87-1A. The Authority shall have its principal office in Emanuel County, and its legal situs or residence for the purpose of this Act shall be Emanuel County. Section 2. Membership. The Authority shall consist of the Mayor and each of the six councilmen of the City of Swainsboro. The members of the Authority shall hold office for the terms of office to which they were elected and until their successors are elected and

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qualified. The Mayor shall serve as Chairman of the Authority and the Mayor Pro Tempore shall serve as Vice-Chairman. The Secretary-Treasurer of the Authority shall be the City Clerk of the City of Swainsboro, who shall not be a member of the Authority. 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, 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: (a) The word Authority shall mean the Swainsboro Public Facilities Authority, created hereby. (b) The word project shall mean and include real and personal property acquired or held by the Authority for one or a combination of two or more of the following governmental functions and undertakings in which the general public is concerned: 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 for the control of traffic and the relief of traffic congestion, and facilities for fairs and exhibitions, and all buildings and facilities of every kind and charter determined by the Authority to be desirable for the efficient operation of any department, board, office, commission, or agency of the City of Swainsboro in the performance of its governmental, proprietary, and administrative functions. (c) 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

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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. (d) The term revenue bonds shall mean revenue bonds issued under the provisions of the Act known as the Revenue Bond Law approved March 31, 1937 (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 said 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: (a) to sue and be sued; (b) to adopt and alter a corporate seal; (c) to make and execute with public and private persons and corporations, contracts, leases, rental agreements, and other 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 Swainsboro; and, without limiting the generality of the foregoing, authority is specifically granted to the City of Swainsboro 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 fifty years, and the City of Swainsboro 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 fifty 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;

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(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 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 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 Swainsboro the governing authority of the City of Swainsboro 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 Swainsboro, as grantor, taking into consideration the public benefit to be derived from such conveyance; (e) to improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (f) to pledge or assign any revenues, income, rent, charges, and fees received by the Authority; (g) to appoint and select agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (h) to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip

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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; (i) 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; (j) (1) to borrow money for any of its corporate purposes and (2) 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; (k) 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 (l) 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 laws 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

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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. Section 5. Credit not pledged and debt not created by bonds. Revenue bonds issued under the provisions thereon shall not constitute a debt or a plege of the faith and credit of the State of Georgia or the City of Swainsboro, 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, Art. 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.

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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 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 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.

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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 Emanuel 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, 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 Emanuel 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

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fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the Authority; (i) 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; (ii) 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; (iii) 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; (iv) 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; (v) 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; (vi) 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

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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 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

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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 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. 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 Swainsboro as the same now or may hereafter exist. Section 19. Effective Date. This amendment 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 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 Swainsboro, 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 1981 Session of the General Assembly of Georgia for passage of a local bill to create and establish the Swainsboro Public Facilities Authority, and for other purposes, this 3rd day of February, 1981.

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Roger Shaw Mayor, City of Swainsboro Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph 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 Blade which is the official organ of Emanuel County, on the following dates: February 4, 11, 18, 1981. /s/ Randolph Karrh Representative, 106th District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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TOWN OF MONTROSECHAPTER AMENDED. No. 409 (House Bill No. 978). AN ACT To amend an Act incorporating the Town of Montrose in Laurens County, approved August 21, 1929 (Ga. Laws 1929, p. 1212), so as to change the provisions relating to the mayor and council; to provide for the election, qualifications, and terms of office of the governing authority of said town; to provide for the filling of vacancies; to provide for special elections; to provide for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Montrose in Laurens County, approved August 21, 1929 (Ga. Laws 1929, p. 1212), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The government of the Town of Montrose shall be vested in a mayor and town council to be composed of five councilmen chosen as herein provided. (b) The members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No persons shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the town for a period of one year immediately prior to the date of the election of the mayor or members of the council and shall continue to reside therein during his or her period of service and shall be registered and qualified to vote in the municipal elections of the town. (c) (1) The office of the 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. (2) A vacancy in the office of the mayor or of any council member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.

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(3) The mayor and any council member shall forfeit his or her office if he or she: (A) Lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (B) Willfully and knowingly violates any express prohibition of this charter; or (C) Is convicted of a crime involving moral turpitude. Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) All primaries, elections, and referendums shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933, as now or hereafter amended. (b) (1) 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 council posts he or she is seeking for election. (2) On the second Tuesday of January, 1982, and on said date biennially thereafter, there shall be an election for the mayor and two council members. These two council member posts to be filled by election along with the election of the mayor shall be council member posts no. 1 and no. 2. (3) For the purpose of establishing a staggered system for the election of council members, council member posts no. 3, 4, and 5 shall be filled for one-year terms by election on the second Tuesday in January, 1982. On the second Tuesday of January, 1983, and on said date biennially thereafter, there shall be an election for council member posts no. 3, 4, and 5. (4) 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 in this charter. The first regular

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meeting of the mayor and council following each municipal general election for the purpose of administration of the oath as provided in this charter shall be on the first Tuesday of February. (c) 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, as now or hereafter amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Introduction of Local Legislation. Georgia, Laurens County. Notice is hereby given that the undersigned will apply at the 1981 session of the General Assembly of Georgia for the introduction and passage of a local legislative act to amend the Charter of the Town of Montrose (Georgia Laws 1929, p. 1212 and acts amendatory thereto) so as to change the method and procedure for the election of the Mayor and Council of such town; to provide for staggered terms of the members of the Council; to provide for the filling of vacancies and special elections; to provide for the applicability of the general election laws to such municipality; to provide other changes in such Charter relative to the qualification, term of office, grounds for removal, election of the Mayor and Council of the Town of Montrose; to provide for all matters relative to the foregoing; to provide for severability; to repeal specific acts; to repeal conflicting laws; and for other purposes.

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This 29th day of January, 1981. Fred Cook Mayor, Town of Montrose By Direction of the Council Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dublin Courier Herald which is the official organ of Laurens County, on the following dates: January 31, February 7 and February 14, 1981. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 11th day of March, 1981. /s/ Vickie L. Thomas Notary Public, Georgia State at Large. My Commission Expires June 3, 1984. (Seal). Approved April 6, 1981.

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CITY OF REYNOLDSELECTIONS. No. 410 (House Bill No. 979). AN ACT To amend an Act to provide and establish a new charter for the City of Reynolds in the County of Taylor, approved August 16, 1915 (Ga. Laws 1915, p. 786), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3645), so as to change the time of the annual city election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide and establish a new charter for the City of Reynolds in the County of Taylor, approved August 16, 1915 (Ga. Laws 1915, p. 786), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3645), is hereby amended by adding at the end of Section 6 of said Act the following: Beginning in November, 1981, and for all subsequent years, the annual city election to fill expired terms in the offices of mayor and aldermen shall be held on the next Tuesday following the first Monday in November. The newly elected officials shall be sworn into office following the regular city council meeting in the month of January following the November election., so that when so amended, Section 6 of said Act shall read as follows: Section 6. Be it further enacted, That the municipal government of said city and its corporate powers shall be vested in and exercised by a mayor and a board of aldermen, consisting of six aldermen. Said mayor and aldermen as a body shall be known as the `City Council, and they shall hold office as hereinafter provided. The mayor and six aldermen shall be elected at the next annual elections to be held on the first Tuesday in January, 1916. The mayor shall hold office for two years and until his successor is elected and qualified. The two aldermen receiving the highest votes at the election on the first Tuesday in January, 1916, shall serve for three years. The two aldermen receiving the next highest votes shall serve for two years. And the two receiving the next highest votes shall serve for one year. At the expiration of the term of any aldermen their successors shall be elected and qualified for a term of three years, and until their

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successors are elected and qualified; and so on, an annual election being held on the first Tuesday in January of each and every year, one year for the election of two aldermen to fill the places of those whose term expires at such time, and the next year for the election of a mayor and two aldermen whose terms expire at such time. In the event that the office of said mayor or either of said aldermen shall become vacant by death, resignation, removal, or otherwise, the city council shall by resolution, order an election to fill such vacancy and shall give at least ten days' notice thereof in one or more of the papers published in Taylor County, and the election so held shall be held in the same manner as ordinary municipal elections; provided, however, that if any of said offices shall become vacant at any time within three months of the expiration of the term of office, said city council shall have the right and power to fill such office for the remainder of the term by selection made by the city council without submitting same to the voters of the city. Beginning in November, 1981, and for all subsequent years, the annual city election to fill expired terms in the offices of mayor and aldermen shall be held on the next Tuesday following the first Monday in November. The newly elected officials shall be sworn into office following the regular city council meeting in the month of January following the November election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a new charter for the City of Reynolds, approved August 16, 1915 (Ga. Laws 1915, p. 786), as amended, so as to change the date of the annual city election; and for other purposes. This 20 day of January, 1981. Ward Edwards Representative, 110th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards who, on 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 29, February 5, 12, 1981. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. TAYLOR COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 411 (House Bill No. 980). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner

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of Taylor County, approved March 2, 1933 (Ga. Laws 1933, p. 673), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3683), so as to change the compensation of the tax commissioner; to abolish the office of the secretary of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, approved March 2, 1933 (Ga. Laws 1933, p. 673), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3683), is hereby amended by striking from Section 5 the following: eleven thousand five hundred dollars ($11,500.00), and inserting in lieu thereof the following: twelve thousand five hundred dollars ($12,500.00), so that when so amended, Section 5 of said Act shall read as follows: Section 5. The compensation of the Tax Commissioner of Taylor County shall be twelve thousand five hundred dollars ($12,500.00) per annum, to be paid in equal monthly installments from the funds of Taylor County. Section 2 . Said Act is further amended by striking Section 5A in its entirety which reads as follows: Section 5A. The Tax Commissioner of Taylor County shall have authority to appoint a secretary to assist in the duties of such office. Such secretary shall perform the duties specified by the tax commissioner. The secretary shall receive an annual salary of seven thousand five hundred dollars ($7,500.00), payable in equal monthly installments from the funds of Taylor County. The Board of Commissioners of Taylor County may, at its discretion, grant annual cost-of-living increases to the said salary of the secretary. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Taylor County, approved March 2, 1933 (Ga. Laws 1933, p. 673), as amended, so as to change the provisions relative to the secretary of said tax commissioner and to change the compensation of said tax commissioner; and for other purposes. This 20 day of January, 1981. 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 29, February 5, 12, 1981. /s/ Ward Edwards Representative, 110th District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. COBB COUNTYCOMPENSATION OF JUDGE OF JUVENILE COURT. No. 412 (House Bill No. 982). 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: 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 Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The judge of the Cobb County Juvenile Court shall receive $35,000.00 per annum; provided, however, such salary shall be increased by 8 percent to $37,800.00 per annum effective January 1, 1982. Said salary shall be paid in equal monthly installments from the general funds of Cobb County. Said judge shall devote his full

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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 Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George W. Darden 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

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Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 23, February 6, February 13. /s/ George W. Darden Representative, 19th District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. HART COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 413 (House Bill No. 983). AN ACT To amend an Act creating and establishing a Small Claims Court in and for Hart County, approved April 11, 1979 (Ga. Laws 1979, p. 3828), so as to change the jurisdiction of said court; to change certain provisions relative to the time of serving notice of a claim; to change the provisions relative to certain costs of said court; to authorize a fee for the issuance of a writ of fieri facias; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court in and for Hart County, approved April 11, 1979 (Ga. Laws 1979, p. 3828), is hereby amended by striking from Section 1 the following: $2,500.00, and inserting in lieu thereof the following: $3,500.00, 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 Hart County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $3,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking from subsection (f) of Section 6 the following: thirty, and inserting in lieu thereof the following: forty-five, so that when so amended, subsection (f) of Section 6 shall read as follows: (f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than forty-five days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service.

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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. (a) The plaintiff, when he files his claim, shall deposit the sum of $22.00 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 $22.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge and such costs shall be taxed in the case at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $22.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. (c) The amount of $3.00 of each fee or cost provided in subsections (a) and (b) above shall be placed in a fund to be used for the upkeep and replacement of the facilities, equipment, and materials of the court as such are outlined in Section 19 and the costs of any changes or corrections in documents which the court may be required to make. Section 4. Said Act is further amended by adding at the end of Section 24 the following: The judge of the Small Claims Court shall be authorized to charge a fee of $1.00 for the issuance of a fi. fa. in addition to any other fees authorized by this section and in addition to the deposit authorized by Section 8 of this Act., so that when so amended, Section 24 shall read as follows:

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Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $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. The judge of the Small Claims Court shall be authorized to charge a fee of $1.00 for the issuance of a fi. fa. in addition to any other fees authorized by this section and in addition to the deposit authorized by Section 8 of this Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. A bill to change fees, etc. of Small Claims Court of Hart County will be introduced in the 1981 General Assembly. /s/ W. O. Lindholm Judge, Small Claims Court Hart County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: January 8, 15, 22, 1981. /s/ Billy Milford Representative, 13th District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF CARROLLTONTAX RATE FOR SCHOOL PURPOSES. No. 414 (HOuse Bill No. 984). AN ACT To amend an Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. Laws 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 2618), an Act approved April 4, 1963 (Ga. Laws 1963, p. 2925), and an Act approved April 6, 1967 (Ga. Laws 1967, p. 2736), so as to change the rate of taxation for school purposes in and for said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. Laws 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 2618), an Act approved April 4, 1963 (Ga. Laws 1963, p. 2925), and an Act approved April 6, 1967 (Ga. Laws 1967, p. 2736), is hereby amended by striking from Section 1 of the amendatory Act of 1967, approved April 6, 1967 (Ga. Laws 1967, p. 2736), the second paragraph of said Section 1 in its entirety and substituting in lieu thereof a new paragraph to read as follows:

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The mayor and city council of the City of Carrollton shall in its discretion proceed to levy and collect such amount as it may deem necessary for school purposes by levy and collection of same as other taxes are collected, and provide that the rate of taxation under this Act shall not exceed two per centum per annum and the mayor and city council of Carrollton, through its collection officer, shall be required to pay the same over to the treasurer of the board of education of said city from time to time as necessary for the operation of said schools which shall then constitute a fund to be expended by said board in payment of all legitimate expenses in running, operation, and maintenance of said schools. 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 January, 1981, Session of the General Assembly of Georgia a bill to change the limit of tax the Mayor City Council of Carrollton, Georgia, may levy and collect for school purposes; and for other purposes. Board of Education for Carrollton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Thomas who, on oath, deposes and says that he/she is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Times-Georgian which is the official organ of Carroll County, on the following dates: January 29, February 5, 12, 1981.

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/s/ Charles Thomas Representative, 66th District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CITY OF LOCUST GROVEELECTIONS, PROHIBITED POLITICAL ACTIVITY. No. 415 (House Bill No. 991). AN ACT To amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. Laws 1976, p. 4426), so as to require members of the council who run for other office to resign; to provide for all related matters; 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 Locust grove, approved April 7, 1976 (Ga. Laws 1976, p. 4426), is hereby amended by adding at the end of Section 2.16 a new subsection (d) to read as follows:

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(d) Running for other office. Any member of the council who desires to qualify to run for any other elective office of any kind must submit his resignation no later than the day on which he so qualifies. Such resignation shall provide by its terms that it will become effective no later than the first day of the term of the other office for which the member has qualified or will qualify. The resignation will become effective whether or not the member is elected to the other office for which he qualifies. If any member qualifies for another office without having submitted the required resignation, his office on the council shall immediately be vacated by operation of law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Georgia Laws 1976, page 4426), so as to amend said charter, to appeal conflicting laws and for other purposes. This 19th day of January, 1981. City of Locust Grove A. J. Welch, Jr. Attorney for the City of Locust Grove Georgia, Henry County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Stewart who, on oath, deposes and says that he is publisher of the Henry County Herald, formerly the Weekly Advertiser, which is the official organ of Henry County and that the attached copy of the Notice of Intention to Introduce Local Legislation was published in the Henry County Herald on the following dates: January 21 28, 1981, February 4 11, 1981.

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/s/ James Stewart Publisher of the Henry County Herald Sworn to and subscribed before me, this 23 day of February, 1981. /s/ Leanna Sims Notary Public, Georgia State at Large. My Commission Expires Apr. 16, 1984. (Seal). Approved April 6, 1981. COBB COUNTYCOMPENSATION OF BOARD OF EDUCATION. No. 416 (House Bill No. 998). AN ACT To amend an Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. Laws 1974, p. 3516), as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3851), so as to change the compensation of the chairman and other members of the board of education; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. Laws 1974, p. 3516), as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3851), is hereby amended by striking subsection (d) of Section 2 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

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(d) Each member of the board of education of Cobb County, except the chairman, shall receive as compensation for his services the sum of $450.00 per month. The chairman shall receive $550.00 per month as compensation for his services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 Session of the General Assembly of Georgia a bill to change education districts of Cobb County, and for other purposes as provided (Acts 1966, p. 761, Georgia Code Annotated, Section 2-26802); as amended Acts 1974, p. 3516. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison who, on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 23, 30, and February 6, 1981. /s/ Carl Harrison Representative, 20th District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. COBB COUNTYCOMPENSATION OF SHERIFF, ETC. No. 417 (House Bill No. 1000). AN ACT To amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, so as to change the provisions relative to the compensation of the sheriff, the chief deputy sheriff, and the chief investigator for Cobb County; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, is hereby amended by striking from Section 2 of said Act the following:

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The salary of the Sheriff of Cobb County shall be $23,900.00 per annum until March 31, 1980, and shall be $25,800.00 per annum effective April 1, 1980, and thereafter, to be paid in equal monthly installments from the funds of Cobb County. Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The salary of the sheriff of Cobb County shall be $33,000.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $25,000.00 per annum until March 31, 1982, and shall be $28,000.00 per annum effective April 1, 1982, and thereafter, to be paid in equal monthly installments from the funds in the county treasury. Said chief deputy shall offer for said office and be elected to same at the time as the said sheriff offers for office and is elected. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by the said chief deputy who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. In addition to the said chief deputy, the said sheriff shall be authorized and empowered to name and appoint additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,560.00 per annum per each additional deputy approved by the said governing authority of Cobb County. In addition to the said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of his office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is hereby created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff and shall be under his direct supervision and control. The individual appointed by the sheriff of Cobb County shall possess as a

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minimum a high school education or the equivalent and be either a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, or possess ten years of actual experience as a peace officer, or be a graduate of a law school accredited by the Georgia Bar Association, or a graduate of the Southern Police Institute School of Police Management and Administration. The salary of the chief investigator shall be $24,000.00 per annum until March 31, 1982, and shall be $27,000.00 per annum effective April 1, 1982, and thereafter, to be paid in equal monthly installments from the funds of Cobb County. Section 3. This Act shall become effective on April 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 in the regular 1981 session of the General Assembly of Georgia, a bill amending an act of changing compensation from fee system of the Superior Court Clerk, Sheriff and Judge of Probate Court, approved February 19, 1949 (Ga. L. 1949, p. 427) as heretofore amended and for other purposes. This 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison who, on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ Carl Harrison Representative, 20th District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. PULASKI COUNTYDEPUTY SHERIFFS, ETC. No. 418 (House Bill No. 1001). AN ACT To amend an Act placing the Sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2612), as amended, so as to change the salaries of the deputy sheriffs; to

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provide for a cost-of-living increase; to provide for a part-time deputy sheriff; to provide for his compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2612), as amended, is hereby amended by striking Section 2 in its entirety, which reads as follows: Section 2. The sheriff shall have the authority to appoint a deputy who shall be compensated in the amount of $9,200.00 per annum, payable in equal monthly installments from the funds of Pulaski County and two additional deputies who shall each be compensated in the amount of $8,820.00 per annum, payable in equal monthly installments from the funds of Pulaski County. After the first year of receiving the salary specified in this Section and continuing for the next four years, in each of such years the compensation of any one or more of the deputies, at the discretion of the sheriff, may be increased by not more than five percent. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate, name and appoint the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace the deputies at will and within his sole discretion., and substituting in lieu thereof the following: Section 2. The sheriff shall have the authority to appoint three deputy sheriffs whose compensation, effective May 1, 1981, shall be $850.00 per month. Effective November 1, 1981, the compensation of the deputy sheriffs shall be $900.00 per month. Effective November 1, 1982, and each year thereafter, the deputy sheriffs shall receive a cost-of-living increase. The cost-of-living increase shall be in an amount equal to 5 percent of the salary received for the preceding 12 months. The governing authority of Pulaski County and the sheriff are hereby authorized to appoint one part-time deputy sheriff who shall be compensated in an amount not to exceed $4,800.00 per year. Compensation of the deputy sheriffs shall be payable from the funds of Pulaski County. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate, name, and appoint the persons who shall be employed as deputies and to

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prescribe their duties and assignments and to remove or replace the deputies at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. This is to say that I intend to introduce in the 1981 term of the legislature a local bill to adjust the salaries of the deputy sheriffs of Pulaski County and also to provide for a part time deputy. Ben Jessup Representative, District 117 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dispatch News which is the official organ of Pulaski County, on the following dates: February 4, 11 and 18, 1981. /s/ Ben Jessup Representative, 117th District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. BUTTS COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 419 (House Bill No. 1007). AN ACT To amend an Act creating the Small Claims Court of Butts County, approved March 24, 1976 (Ga. Laws 1976, p. 3006), so as to provide that a judgment may be reopened under certain circumstances; to change the provisions relating to appeals; 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 Butts County, approved March 24, 1976 (Ga. Laws 1976, p. 3006), is hereby amended by adding at the end of Section 9 a new subsection (d) to read as follows: (d) When a judgment is entered by the court, the judge may, upon the petition of the plaintiff or the defendant filed with the judge within ten days after the date of the judgment, reopen the case and schedule a new trial on the merits of the case if the judge determines that justice requires the case to be reopened.

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Section 2. Said Act is further amended by striking Section 15 in its entirety and substituting in lieu thereof a new Section 15 to read as follows: Section 15. 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 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court for Butts County, approved March 24, 1976 (Ga. Laws 1976, p. 3006); and for other purposes. This 2nd day of February, 1981. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: February 4, 11, 18, 1981.

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/s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. COBB COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 420 (House Bill No. 1010). AN ACT To amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4499), so as to change the compensation of the judge of the probate court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by

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an Act approved April 11, 1979 (Ga. Laws 1979, p. 4499), is hereby amended by striking in its entirety Section 2A of said Act, which reads as follows: Section 2A. The salary of the Judge of the Probate Court of Cobb County shall be $26,750.00 per annum until April 1, 1980, and the salary of the Judge of the Probate Court of Cobb County shall be $28,500.00 per annum effective April 1, 1980, and thereafter. Such salary shall be paid in equal monthly installments from the funds of Cobb County., and substituting in lieu thereof the following: Section 2A. The salary of the Judge of the Probate Court of Cobb County shall be $34,000.00 per annum to be paid in equal monthly installments from the funds of Cobb County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1981 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge and the Clerk of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 428) as amended, so as to change the compensation of the Sheriff, the Sheriff's Chief Deputy, the Clerk of the Superior Court, the Deputy Clerk of the Superior Court, the Judge of the Probate Court, and the Clerk of the Probate Court; and for other purposes. This 20th day of January, 1981.

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Roy E. Barnes Haskew Brantley Joe L. Thompson A. L. Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George W. Darden who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 2, February 13. /s/ George W. Darden Representative, 19th District Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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MONROE COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 421 (House Bill No. 1011). AN ACT To amend an Act creating and establishing a Small Claims Court for Monroe County, Georgia, approved March 25, 1974 (Ga. Laws 1974, p. 3392), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3552), so as to change the jurisdiction of said court; to provide for service 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 for Monroe County, Georgia, approved March 25, 1974 (Ga. Laws 1974, p. 3392), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3552), is hereby amended by striking from Section 1 thereof the following: $1,000.00, and inserting in lieu thereof the following: $1,500.00, so that when so amended said Section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court for Monroe County, Georgia, to be known as the `Small Claims Court of Monroe County', which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,500.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Section 2. Said Act is further amended by adding in subsection (e) of Section 6 thereof after the following:

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actual costs of service, the following: , not to exceed $10.00,, so that when so amended said subsection (e) shall read as follows: (e) When served as provided, the actual costs of service, not to exceed $10.00, shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia Local Legislation to amend an act creating the Small Claims Court of Monroe County, Georgia to increase the jurisdiction of said Court and to increase the fees for said Court. This 2nd day of February, 1981. Benson Ham State Representative, House District 80 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he/she is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is

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the official organ of Monroe County, on the following dates: February 4, 11 and 18, 1981. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. WHEELER COUNTYOFFICE OF TREASURER ABOLISHED. No. 422 (House Bill No. 1016). AN ACT To abolish the office of treasurer of Wheeler County; to provide for designation of a person to perform the duties of treasurer; to amend an Act creating the offices of tax collector, tax receiver, and county treasurer of Wheeler County, approved July 19, 1927 (Ga. Laws 1927, p. 731), so as to reflect the abolishment of the office of treasurer; to provide for all related matters; 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 office of treasurer of Wheeler County is hereby abolished. The governing authority of Wheeler County shall be authorized to designate a person to perform the duties of the treasurer. Such person shall receive all funds heretofore received by the treasurer and disburse the same as provided by law for the disbursement of funds by county treasurers. Section 2. An Act creating the offices of tax collector, tax receiver, and county treasurer of Wheeler County, approved July 19, 1927 (Ga. Laws 1927, p. 731), is hereby amended by adding a new Section 1.1 to read as follows: Section 1.1. The office of county treasurer for Wheeler County is abolished as of the effective date of this section. Section 3. This Act shall become effective on December 31, 1984, but in the event the office of treasurer of Wheeler County becomes vacant for any reason prior to December 31, 1984, then this Act shall become effective on the date of the vacancy. There shall be no election for Wheeler County treasurer in 1984 or thereafter. 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 1981 session of the General Assembly of Georgia a bill to abolish the office of treasurer of Wheeler County, Georgia, and to provide for all related matters; and for other purposes. This 12th day of February, 1981. W. H. Thomas, Jr. Sole Commissioner, Wheeler County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: February 11, 18 and 25, 1981. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. FLOYD COUNTYCOMPENSATION OF MEMBERS OF SCHOOL BOARD. No. 423 (House Bill No. 1014). AN ACT To amend an Act providing for the compensation of the members of the board of education of Floyd County, approved March 18, 1959

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(Ga. Laws 1959, p. 3203), as amended, so as to provide for the reimbursement of members for certain expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the members of the board of education of Floyd County, approved March 18, 1959 (Ga. Laws 1959, p. 3203), as amended, is hereby amended by adding between Section 1 and 2 a new section, to be designated Section 1A, to read as follows: Section 1A. In addition to any compensation authorized for members of the board of education of Floyd County in Section 1, each such member shall be reimbursed for travel and other actual expenses incurred within the boundaries of Floyd County while in performance of the duties of his office; but said reimbursement shall not exceed $50.00 per month. Reimbursement shall be paid upon signed expense vouchers submitted by a member. 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 1981 Session of the General Assembly of Georgia a bill to amend an Act creating the Floyd County Board of Commissioners, approved July 28, 1917 (Ga. Laws 1971, p. 351), as amended; and for other purposes. This 6th day of January, 1981.

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E. M. (Buddy) Childers Representative, 15th District Dan Fincher Senator, 52nd District Ken Fuller Representative, 16th District John Adams Representative-Elect, 14th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers who, on oath, deposes and says that he/she is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 8, 15, and 22, 1981. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

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STATE COURT OF COBB COUNTYCOMPENSATION OF JUDGES. No. 424 (House Bill No. 1017). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, so as to change the compensation provisions relating to the judges of said court; to provide for contributions to the Trial Judges and Solicitors Retirement Fund; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, is hereby amended by striking from Section 23 the following: The salary of the judges of the State Court of Cobb County shall be $32,500.00 per annum, provided, such salary shall be increased by seven percent to $34,775.00 per annum, effective April 1, 1979, and such increased amount shall be again increased by seven percent to $37,209.00 per annum, effective April 1, 1980., and inserting in lieu thereof the following: The salary of the judges of the State Court of Cobb County shall be $38,709.00 per annum; provided, however, such salary shall be increased by 8 percent to $41,806.00 per annum, effective January 1, 1982. Section 2. Said Act is further amended by adding immediately following Section 23 a new section, to be designated Section 23A, to read as follows: Section 23A. In addition to the salary provided for the judges of the State Court of Cobb County in Section 23, the governing authority of Cobb County shall pay to each judge of the State Court of Cobb County a sum equal to the contribution required for judges by an Act known as the `Trial Judges and Solicitors Retirement Fund Act,' approved March 11, 1968 (Ga. Laws 1968, p. 259), as now or hereafter amended.

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Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 29, 1964 (Ga. L. 1964, p. 3211) and for other purposes. This 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George W. Darden who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 9, 16, 23, 1981.

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/s/ George W. Darden Representative, 19th District Sworn to and subscribed before me, this 6th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF COBB COUNTYMAGISTRATES. No. 425 (House Bill No. 1019). AN ACT To amend an Act entitled An Act to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to create an office of magistrate; 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., approved March 19, 1974 (Ga. Laws 1974, p. 2212), as amended, so as to change the compensation of the magistrates; to prohibit the magistrates from engaging in the practice of law; 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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Section 1. An Act entitled An Act to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to create an office of magistrate; 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., approved March 19, 1974 (Ga. Laws 1974, p. 2212), as amended, is amended by striking subsection (a) of Section 3 of that 1974 amendatory Act in its entirety and substituting in lieu thereof the following: (a) The two magistrates shall be elected by the electors of Cobb County. Each magistrate shall receive an annual salary of $24,900.00 to be paid in equal monthly installments from the funds of Cobb County. The magistrate shall not engage in the practice of law. Section 2. An Act entitled An Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4096), so as to change the compensation of the magistrates; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 11, 1979 (Ga. Laws 1979, p. 4506), is hereby repealed in its entirety. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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.

Page 4200

This 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4201

COMPENSATION OF NAMED OFFICIALS OF CERTAIN COUNTIES (180,000 - 190,000) (180,000 - 205,000). No. 426 (House Bill No. 1022). AN ACT To amend an Act providing 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, approved March 2, 1979 (Ga. laws 1979, p. 3085), as amended by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3600), so as to change certain provisions relative to the census; to change the compensation of certain officers in said counties; to establish a policy for the development of a compensation plan; to provide for restrictions upon future raises; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing 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, approved March 2, 1979 (Ga. Laws 1979, p. 3085), as amended by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3600), is hereby amended by striking paragraph (1) of subsection (a) of Section 1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) (A) 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 205,000 according to the United States decennial census of 1980 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:

Page 4202

Tax commissioner $ 31,000.00 per annum Sheriff 29,400.00 per annum Clerk of the superior court 28,900.00 per annum Clerk of the state court 26,300.00 per annum Sheriff of the state court 28,900.00 per annum Judge of the municipal court 31,000.00 per annum Judge of the recorder's court 37,800.00 per annum Judge of the probate court 37,800.00 per annum Judge of the juvenile court 36,000.00 per annum Judge of the state court 42,000.00 per annum Coroner 8,200.00 per annum (B) (i) Except as provided in division (ii), no person who shall occupy the offices set forth as follows: Tax commissioner Sheriff Clerk of superior court Clerk of state court Sheriff of state court Judge of the municipal court Judge of the recorder's court Judge of the probate court Judge of the juvenile court Judge of the state court Coroner

Page 4203

shall be entitled to any increase in compensation, other than retirement contributions or increases in any plan of sickness, accident, or health insurance funded in whole or in part by municipal or county funds or any successor thereto, during the term to which that person was elected or appointed. (ii) The General Assembly may at any time provide for cost-of-living increases for such offices; provided, however, such cost-of-living increases shall not exceed the cost-of-living increase given employees of the county for that year. (C) Prior to December 1 of each calendar year, any officer listed in subparagraph (B) seeking an increase in compensation shall submit in writing to the delegation representing such county in the General Assembly a petition setting forth any recommended changes in compensation together with supporting documents as may be deemed appropriate. A copy of such petition shall be submitted to the governing authority of such county. The members of the General Assembly shall then consider the evidence presented after consultation with the commissioners and shall take such action as they may deem appropriate. Section 2. This Act shall become effective on July 1, 1981. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981.

Page 4204

STATE COURT OF COBB COUNTYCOMPENSATION OF CLERK. No. 427 (House Bill No. 1020). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4200), so as to change the compensation of the clerk of the court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4200), is hereby amended by adding to Section 23 immediately after the following: On and after April 1, 1980, the annual salary of said clerk shall be $22,900.00., the following: Said annual salary of the clerk shall be increased by 8 percent on the effective date of this sentence and by an additional 8 percent on April 1, 1982. 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 1981 session of the General Assembly of Georgia, a bill to amend an

Page 4205

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 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken 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 9, 16, 23, 1981. /s/ Fred Aiken Representative, 21st District

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Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. BRYAN COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 428 (House Bill No. 1023). AN ACT To amend an Act creating the Small Claims Court of Bryan County, approved April 7, 1977 (Ga. Laws 1977, p. 4504), so as to change the jurisdiction of said court; to change the provisions relating to service of process; 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 the Small Claims Court of Bryan County, approved April 7, 1977 (Ga. Laws 1977, p. 4504), is hereby amended by striking from Section 1 the following: $2,000.00, and inserting in lieu thereof the following: $2,500.00,

Page 4207

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 Bryan County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by designating the first paragraph of Section 6 as subsection (a) thereof and by striking subsections (a) through (f) in their entirety and substituting in lieu thereof new subsections (b) through (f) to read as follows: (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 30 days from the date of the service of said notice.

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Section 3. 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. (a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule set forth in subsection (b) of this section, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. (b) The sum to be deposited by the plaintiff with the court shall be as follows: When the amount of the claim is: The deposit shall be: Up to $500 $ 10.00 Over $500 but not over $1,000 15.00 Over $1,000 but not over $1,500 20.00 Over $1,500 but not over $2,000 25.00 Over $2,000 30.00 (c) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Bryan County, approved April 7, 1977 (Ga. Laws 1977, p. 4505); and for other purposes. This 21st day of January, 1981. Glenn Bryant Senator State of Georgia County of Liberty. Personally appeared before me, the undersigned Notary Public James H. Wynn who after being duly sworn stated under oath that he is the Publisher and Editor of The Coastal Courier newspaper, a newspaper of general circulation published in the city of Hinesville, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Coastal Courier on 27 Jan., 3 and 10 Feb. 1981. /s/ James H. Wynn Sworn to and subscribed before me, this 18th day of February, 1981. /s/ Maureen Willcox My commission expires 5th Jan. 1985. (Seal). Approved April 6, 1981.

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CITY OF IDEALTERMS OF MAYOR AND COUNCILMEN. No. 429 (House Bill No. 1025). AN ACT To amend an Act incorporating the City of Ideal, formerly Town of Ideal, approved August 22, 1907 (Ga. Laws 1907, p. 730), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2733), so as to change the terms of office of the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Ideal, formerly Town of Ideal, approved August 22, 1907 (Ga. Laws 1907, p. 730), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2733), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. An election shall be held in said city on the first Thursday in December in each year that a term of office of a councilman or term of office of the mayor expires for the purpose of electing candidates to fill such vacancies which shall occur in the offices of the mayor or city council. The duly elected and qualified successors to those individuals who are now serving as mayor and councilman shall take office upon the expiration of the terms of the present incumbents and shall serve for a term of four years and until their successors are elected and qualified. Thereafter, successors shall serve for terms of four years and until their successors are elected and qualified. The polls shall be opend by 7:00 A.M. and closed at 7:00 P.M. No one shall be entitled to vote in said election or any municipal election of said city unless he is a duly registered voter of said city, and to be so registered he must first be registered to vote in county elections under the rules required therefor, said city elections to be conducted under rules and regulations to be prescribed from time to time by the mayor and council. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that it will be introduced at the legal 1981 Session of the General Assembly of Georgia a Bill to amend the Charter of the City of Ideal, Georgia Laws 1920, page 1017, as amended, so as to amend the terms of office for the Mayor and Councilmen of said City, so as to provide for four year term of office of said Mayor and City Councilmen, so as to take effect beginning with the regularly scheduled City elections for December 1982, to repeal conflicting laws and acts, to provide an effective date, and for other lawful purposes related thereto. This 6th day of January, 1981. /s/ J. L. Turner Mayor, City of Ideal 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 Citizen and Georgian which is the official organ of Macon County, on the following dates: January 14, 21, 28, 1981. /s/ Bryant Culpepper Representative, 98th District

Page 4212

Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. STATE COURT OF COBB COUNTYDEPUTY CLERKS, FEES. No. 431 (House Bill No. 1031). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3188), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3481), so as to provide for a chief deputy clerk; to provide for the selection of the chief deputy clerk; to provide for the duties, powers, and responsibilities of the chief deputy clerk; to provide for deputy clerks; to provide for the salary of the chief deputy clerk; to change certain fees; to provide for a 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 creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3188), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3481), is hereby amended by striking subsection (b) of Section 17 of said Act, which reads as follows:

Page 4213

(b) The clerk is authorized to appoint chief deputy clerks who shall be authorized to discharge all of the duties of the clerk during the clerk's absence, and said chief deputy clerks may at any time discharge any and all of such duties and powers of the clerk as the clerk may delegate to them. The clerk is also further authorized to designate appropriate deputy clerks under his jurisdiction who shall be authorized to perform any and all duties and powers of the clerk as the clerk or, in his absence, the chief deputy clerks may delegate to them., and substituting in lieu thereof the following: (b) (1) The clerk of the State Court of Cobb County shall, effective April 1, 1981, appoint a chief deputy clerk who shall serve until December 31, 1984, and until his successor is selected and qualified under paragraph (2). (2) (A) The successor to the chief deputy clerk of the State Court of Cobb County whose term of office expires on December 31, 1984, and their successors shall be selected as provided in subparagraph (B). (B) Each candidate for the office of clerk of the State Court of Cobb County shall, at the time he qualifies to run for the office of clerk, designate and certify to the judge of the probate court the name of the person who shall be his chief deputy clerk. The person so named by the clerk of the State Court of Cobb County who is elected at each such election shall serve as the chief deputy clerk for a term of office to run concurrent with the term of office of the clerk and until his successor is selected and qualified. (3) In the event a vacancy occurs in the office of clerk of the State Court of Cobb County for any reason, the chief deputy clerk shall, upon taking the oath of office prescribed for the clerk, fill the unexpired term of the clerk and until his successor is elected and qualified. The chief deputy clerk is authorized, during the clerk's absence, to discharge all of the duties and powers of the clerk. The chief deputy clerk is also authorized, when directed by the clerk, to discharge any and all of the duties and powers of the clerk. The clerk is authorized to designate appropriate deputy clerks under his jurisdiction who shall be authorized to perform any and all duties and powers of the clerk as the clerk or, in his absence, the chief deputy clerk may delegate.

Page 4214

(4) The salary of the chief deputy clerk shall be $21,600.00 per annum to be paid in equal monthly installments from the funds of Cobb County. (5) In the event a vacancy occurs in the office of chief deputy clerk of the State Court of Cobb County for any reason, the clerk of the state court shall, within 30 days, appoint a chief deputy clerk who shall serve for the unexpired term and until his successor is selected and qualified. The clerk of the state court shall certify the name of the chief deputy clerk to the judge of the probate court, and the chief deputy clerk shall take office upon taking the oath of office. Section 2. Said Act is further amended by striking that portion of Section 20 of said Act, which reads as follows: Section 20. From and after May 1, 1977, each party filing a suit or proceeding of any character, except a garnishment proceeding, in the State Court of Cobb County shall deposit with the clerk of said Court, except as hereinafter provided, the total cost, which shall include judgment and fi. fa. for all suits and proceedings of any character, except garnishment proceedings and proceedings against tenants holding over, irrespective of how they shall be terminated, which shall be $10.00 plus $4.00 for each defendant more than one, provided, however, where the principal amount involved is more than $300.00, the cost shall be $20.00 plus $6.00 for each defendant more than one. The total cost, except as hereinafter provided for a garnishment proceeding, irrespective of how it shall be terminated, shall be $10.00 plus $4.00 for each summons more than one, provided, however, where the principal amount involved is more than $300.00 the cost shall be $20.00 plus $6.00 for each summons more than one. The total cost, except as hereinafter provided, for a proceeding against tenant holding over, irrespective of how it shall be terminated, shall be $15.00 plus $4.00 for each summons more than one. In addition to the foregoing costs, the clerk of said Court shall charge and collect costs as follows: For issuing scire facias each defendant including service $3.00 For each verdict rendered more than one and docketing same $2.00 For each judgment more than one and docketing same $3.00 For each motion for a new trial and docketing same $1.00 For affidavit to obtain alias fi. fa. $1.00 For taking and approving supersedeas bond $3.00 For answering each writ of certiorari $3.00 For filing and docketing each appeal to the appellate division, including filing all briefs $3.00 For each motion for judgment notwithstanding the verdict and docketing same $1.00 For entering judgment or remittiture from the Court of Appeals or the Supreme Court $3.00 For exemplification of records, per hundred words $.20 For affidavit where no cause is pending $1.00 For certificate and seal of court $1.50 For certified copy under Code section 38-627 $2.50 For filing and docketing each traverse of answer of garnishment including service $6.00

Page 4215

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., and substituting in lieu thereof the following: Section 20. From and after May 1, 1981, each party filing a suit or proceeding of any character, except a garnishment proceeding, in the State Court of Cobb County shall deposit with the clerk of said Court, except as hereinafter provided, the total cost, which shall include judgment and fi. fa. for all suits and proceedings of any character, except garnishment proceedings and proceedings against tenants holding over, irrespective of how they shall be terminated, which shall be $10.00 plus $4.00 for each defendant more than one,

Page 4216

provided, however, where the principal amount involved is more than $300.00, the cost shall be $20.00 plus $6.00 for each defendant more than one. Except as hereinafter provided, the total cost for a garnishment proceeding, regardless of how terminated, shall be $10.00 plus $4.00 for each summons more than one. The total cost for a garnishment proceeding where the principal amount involved is more than $300.00, regardless of how terminated, shall be $20.00 plus $6.00 for each summons more than one. The total cost for a continuing garnishment, regardless of how terminated, shall be $30.00. Except as hereinafter provided, the total cost for a proceeding against a tenant holding over shall be $20.00 plus $6.00 for each summons more than one. In addition to the foregoing costs, the clerk of said Court shall charge and collect costs as follows: For issuing scire facias each defendant including service $ 3.00 For each verdict rendered more than one and docketing same 2.00 For each judgment more than one and docketing same 3.00 For each motion for a new trial and docketing same 1.00 For affidavit to obtain alias fi. fa. 1.00 For taking and approving supersedeas bond 3.00 For answering each writ of certiorari 3.00 For filing and docketing each appeal to the appellate division, including filing all briefs 3.00 For each motion for judgment notwithstanding the verdict and docketing same 1.00 For each summons more than two to the same defendant in the same case due to multiple addresses 6.00 For entering judgment or remittiture from the Court of Appeals or the Supreme Court 3.00 For exemplification of records, per hundred words .20 For affidavit where no cause is pending 1.00 For certificate and seal of court 1.50 For certified copy under Code section 38-627 2.50 For filing and docketing each traverse of answer of garnishment including service 6.00 For each additional attempted service of process on a defendant after the second diligent attempt to serve process by the marshal 6.00

Page 4217

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. 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 1981 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 9th day of January, 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson

Page 4218

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4219

COBB COUNTYPROBATE COURT CLERK'S COMPENSATION, DEPUTY CLERKS, ETC. No. 432 (House Bill No. 1032). AN ACT To amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), so as to change the compensation of the clerk of the Probate Court of Cobb County; to provide for deputy clerks and their compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The judge of the probate court of said county shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of his office. The clerk of the probate court shall be compensated in the amount of $20,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. The judge of the probate court shall be authorized to employ two deputy clerks who shall each receive an annual salary to be determined by the governing authority of Cobb County. The hiring of additional employees and their salaries shall first be approved by the governing authority of Cobb County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Page 4220

Section 3. All laws and parts of laws 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 1981 session of the General Assembly of Georgia, a bill amending an act of changing compensation from fee system of the Superior Court Clerk, Sheriff and Judge of Probate Court, approved February 19, 1949 (Ga. L. 1949, p. 427) as heretofore amended and for other purposes. This 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George W. Darden who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ George W. Darden Representative, 19th District

Page 4221

Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. PAULDING COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT AND JUDGE OF PROBATE COURT. No. 433 (House Bill No. 1037). AN ACT To amend an Act placing certain officers of Paulding County on an annual salary, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2246), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2733), and an Act approved April 1, 1980 (Ga. Laws 1980, p. 4461), so as to change the salary of the clerk of superior court 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 certain officers of Paulding County on an annual salary, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2246), as amended, particularly by an Act approved March 27, 1972

Page 4222

(Ga. Laws 1972, p. 2733), and an Act approved April 1, 1980 (Ga. Laws 1980, p. 4461), is hereby amended by striking Sections 2 and 4 and inserting in lieu thereof new sections to read as follows: Section 2. The clerk of superior court shall receive an annual salary of $16,000.00 payable in equal monthly installments from county funds. Section 4. The probate judge shall receive an annual salary of $16,000.00 payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to amend the Act creating the salaries of the Clerk of the Superior Court of Paulding County and Judge Probate Court of Paulding County. This 16th day of February 1981. Fred V. Aiken, A. L. (Al) Burruss, Thomas Murphy, Joe Mack Wilson, Steve Thompson and George (Buddy) Darden, Representatives, 18th,19th and 21st Districts

Page 4223

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken 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 Dallas New Era which is the official organ of Paulding County, on the following dates: February 18, 25 and March 4, 1981. /s/ V. Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. EFFINGHAM COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 434 (House Bill No. 1039). AN ACT To amend an Act creating the office of tax commissioner of Effingham County, approved April 10, 1971 (Ga. Laws 1971, p. 3600),

Page 4224

so as to change the compensation of the tax commissioner; to provide for payment of the employees and expenses of the office of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Effingham County, approved April 10, 1971 (Ga. Laws 1971, p. 3600), is hereby amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The tax commissioner shall receive an annual salary which is equal to the applicable amount specified by the state's general minimum salary law for tax commissioners, as now or hereafter amended. (b) The salary of all personnel employed in the office of the tax commissioner and all other expenses incurred in operating and discharging the responsibilities of the tax commissioner's office shall be paid from funds of Effingham County, subject to the approval of the county governing authority. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Interest to Introduce Legislation. Notice is hereby given that there will be introduced at the 1981 regular session of the General Assembly of Georgia, a bill to amend an act creating the office of Tax Commissioner of Effingham County approved April 10, 1971, (Ga. Laws 1971, page 3600); and for other purposes. This 16th day of February, 1981. Alex Zipperer, County Attorney

Page 4225

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: February 19, 26, and March 5, 1981. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 9th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4226

WALTON COUNTYPARTICIPATION BY COUNTY OFFICERS AND EMPLOYEES IN HEALTH INSURANCE PLANS. No. 435 (House Bill No. 1040). AN ACT To amend an Act providing for a change in the compensation of certain Walton County officers, approved March 23, 1977 (Ga. Laws 1977, p. 3924), so as to authorize the participation by Walton County officers and their employees in any group health insurance plan provided for by the governing authority of Walton County; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a change in the compensation of certain Walton County officers, approved March 23, 1977 (Ga. Laws 1977, p. 3924), is hereby amended by adding at the end of Section 2 a new subsection (d) to read as follows: (d) In addition to compensation and expenses provided for by other provisions of this Section, Walton County officers and their employees may, at the option of each such county officer, participate in any group health insurance plan, in accordance with the terms and conditions of such plan, provided for by the governing authority of Walton County, and any funds necessary as an employer contribution to effectuate such participation shall be paid from the funds of Walton County. 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 I will introduce legislation at the regular 1981 session of the General Assembly of Georgia for the purpose of providing group health insurance through Walton County Board of Commissioners for the elected officials of Walton County; to repeal conflicting laws and for other purposes.

Page 4227

This 17th day of February, 1981. R. Neal Jackson Representative, 75th District Affidavit of Publisher This is to certify that the attached advertisement was published in the Walton Tribune, a newspaper having general circulation in Walton County, Georgia, on February 19, 26 and March 5. /s/ Sybil Fishpaw for Publisher. /s/ James F. Milhous, Jr. Sworn to and subscribed before me, this 6th day of March, 1981. /s/ Jean F. Head Notary Public. My Commission Expires April 10, 1981. (Seal). Approved April 6, 1981.

Page 4228

CITY OF CORDELELIENS. No. 436 (House Bill No. 1041). AN ACT To amend an Act reincorporating the City of Cordele in Crisp County, approved March 28, 1969 (Ga. Laws 1969, p. 3806), so as to provide for a lien on certain property for the nonpayment of fees for certain utility services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the City of Cordele in Crisp County, approved March 28, 1969 (Ga. Laws 1969, p. 3806), is hereby amended by adding at the end of Section 5.11 the following: Where the owner of the property served is the customer receiving services or the owner is a partner in the firm or a stockholder in the corporation receiving services, said fees for services shall be a charge and lien against the real estate at the location where such services are provided, and such lien shall be superior to all other liens except for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for ad valorem taxes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply For Local Legislation. Pursuant to provisions of Section 2.1309, Georgia Code Annotated, notice is hereby given of the intention of the City of Cordele to apply for local legislation in the general assembly to amend Section 5.11 of the Charter of the City of Cordele (Georgia-Laws, 1969, pp. 3844, 3845), so as to provide that in certain cases certain utility charges shall be a lien against the real estate at the location where such services are provided. And, to amend Section 2.40(b) of the Charter of the City of Cordele (Georgia Laws, 1969, p. 3828) relating to the procedure for adopting ordinances.

Page 4229

This the 20th day of January, 1981. Cordele City Commission Perry M. Culpepper, Chairman 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: February 5, 12, 19, 1981. /s/ Howard Rainey Representative, 135 District Sworn to and subscribed before me, this 9th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4230

GREENE COUNTYMOTOR VEHICLE FOR USE BY SHERIFF. No. 437 (House Bill No. 1042). AN ACT To amend an Act placing certain county officers of Greene County upon an annual salary, approved March 6, 1961 (Ga. Laws 1961, p. 2182), as amended, so as to change the provisions relating to the use of a motor vehicle by the sheriff in carrying out his duties; to provide 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 of Greene County upon an annual salary, approved March 6, 1961 (Ga. Laws 1961, p. 2182), as amended, is hereby amended by adding at the end of subsection (b) of Section 2, immediately following the word sheriff, the following: ; provided, however, that, in lieu of reimbursing the sheriff for the use of his personal motor vehicle in the performance of his official duties, the governing authority of Greene County shall be authorized to furnish the sheriff of Greene County one or more suitable motor vehicles for carrying out his official duties, so that when so amended subsection (b) shall read as follows: (b) The sheriff shall be paid or reimbursed at the rate of eight (8) cents per mile for the use of his personal motor vehicle in the performance of his official duties, payable monthly from the funds of Greene County upon an itemized statement thereof being submitted on or before the last day of the month by the sheriff; provided, however, that, in lieu of reimbursing the sheriff for the use of his personal motor vehicle in the performance of his official duties, the governing authority of Greene County shall be authorized to furnish the sheriff of Greene County one or more suitable motor vehicles for carrying out his official duties. Section 2. This Act shall become effective July 1, 1981.

Page 4231

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 session of the general assembly of Georgia, a bill to amend an act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, Approved March 6, 1961, Ga. L. 1961 page 2182 and for other purposes. This 16th day of February 1981. E. R. Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County, on the following dates: February 20, 27, and March 6, 1981. /s/ E. Roy Lambert Representative, 112th District

Page 4232

Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. CARROLL COUNTYCOMPENSATION OF CORONER. No. 438 (House Bill No. 1045). AN ACT To amend an Act placing the Coroner of Carroll County on an annual salary, approved April 17, 1973 (Ga. Laws 1973, p. 2924), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3328), so as to provide an expense allowance for the Coroner of Carroll 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 Coroner of Carroll County on an annual salary, approved April 17, 1973 (Ga. Laws 1973, p. 2924), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3328), is hereby amended by adding at the end of Section 2 the following: The Coroner shall also receive an expense allowance of $100.00 per month, payable monthly from county funds under such conditions as the county governing authority may provide.,

Page 4233

so that when so amended said Section 2 shall read as follows: Section 2. The Coroner of Carroll County shall receive a monthly salary of $200.00, payable monthly from county funds. The Coroner shall also receive an expense allowance of $100.00 per month, payable monthly from county funds under such conditions as the county governing authority may provide. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1981 Session of the General Assembly of Georgia a bill to change the compensation of the Coroner of Carroll County and for other purposes. This 27th day of January, 1981. Charles A. Thomas, Jr. Wayne Garner Gerald L. Johnson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Thomas who, on oath, deposes and says that he/she is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Times-Georgian which is the official organ of Carroll County, on the following dates: January 29, February 5, 12, 1981.

Page 4234

/s/ Charles Thomas Representative, 66th District Sworn to and subscribed before me, this 9th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. MARION COUNTYCOMPENSATION OF SHERIFF'S DEPUTY. No. 439 (House Bill No. 1053). AN ACT To amend an Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2828), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3481), so as to change the compensation of the deputy sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2828), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3481), is hereby amended by striking from Section 8 the following:

Page 4235

eight thousand five hundred dollars ($8500.00) per annum, and substituting in lieu thereof the following: ten thousand five hundred dollars ($10,500.00) per annum, beginning January 1, 1981,, so that when so amended Section 8 shall read as follows: Section 8. The Sheriff of Marion County is hereby authorized to appoint one full-time deputy who shall be compensated in an amount of ten thousand five hundred dollars ($10,500.00) per annum, beginning January 1, 1981, to be paid in equal monthly installments from the funds of Marion County. The governing authority of Marion County shall not be authorized to provide compensation for any other personnel for said sheriff, but the Sheriff of Marion County shall nevertheless be authorized to appoint such additional deputy sheriffs and jailers as he may deem necessary, provided provisions are made by him for their compensation out of funds not belonging to Marion County or from funds to which Marion County is entitled. 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 1981 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the sheriff of Marion County, approved March 30, 1965 (Ga. Laws 1965, p. 2828), as amended, so as to change the compensation of the deputy sheriff; and for other purposes. This 20th day of January, 1981. Ward Edwards Representative, 110th District

Page 4236

Publishers Affidavit This is to certify that the Legal Notice pertaining to the Notice of Intent to Introduce Local Legislation regarding the compensation of the deputy sheriff has been published in our newspaper. This legal was published in the following issues: January 22, January 29, and February 5, 1981. This the 19th day of February, 1981. The Patriot-Citizen /s/ Robert E. Tribble Publisher Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Mike Hale Notary Public. (Seal). Approved April 6, 1981.

Page 4237

MUNICIPALITIESANNEXATION BASED UPON POPULATION OF COUNTIES (200,000 - 500,000) (350,000 - 500,000). No. 440 (House Bill No. 1057). AN ACT To amend an Act prohibiting certain annexations by municipalities located in counties having a population of not less than 200,000 and not more than 500,000 according to the United States decennial census of 1970 or any future such census, approved April 14, 1971 (Ga. Laws 1971, p. 4112), so as to change the population brackets in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prohibiting certain annexations by municipalities located in counties having a population of not less than 200,000 and not more than 500,000 according to the United States decennial census of 1970 or any future such census, approved April 14, 1971 (Ga. Laws 1971, p. 4112), is hereby amended by striking from Section 2 the following figure: 200,000, and inserting in lieu thereof the following figure: 350,000, so that when so amended Section 2 of said Act 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 such future census.

Page 4238

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. SHERIFF'S DUTIES IN CERTAIN COUNTIES (250,000 - 500,000) (350,000 - 500,000). No. 442 (House Bill No. 1060). AN ACT To amend an Act prescribing the duties of sheriffs in counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census and any future such census, approved March 24, 1964 (Ga. Laws 1964, p. 2885), so as to change the population figures in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prescribing the duties of sheriffs in counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census and any future such census, approved March 24, 1964 (Ga. Laws 1964, p. 2885), is hereby amended by striking from Section 1 the following: 250,000 and not more than 500,000 according to the 1960 United States Census, and inserting in lieu thereof the following: not less than 350,000 nor more than 500,000 according to the United States decennial census of 1970, so that when so amended Section 1 of said Act shall read as follows:

Page 4239

Section 1. That from and after the passage and approval of this bill in counties having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1970 or any future such census, it shall be the duty of the sheriffs of such counties to receive, confine, feed and care for all persons charged with the violation of any ordinances of such counties whether such person is being held pending a hearing before the recorder's courts of such counties or has been sentenced by said recorder's courts to imprisonment in the county jail in the same manner as persons charged with an indictable offense. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. SOLD SIGNS ON REAL PROPERTY IN CERTAIN COUNTIES (350,000 - 500,000) (400,000 - 500,000). No. 444 (House Bill No. 1061). AN ACT To amend an Act providing that in counties of this state having a population of not less than 400,000 nor more than 500,000, according to the United States Decennial Census of 1970 or any future such census, it shall be lawful to erect signs bearing the word SOLD on certain residential property, approved April 24, 1975 (Ga. Laws 1975, p. 4533), so as to change the provisions relative to population; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that in counties of this state having a population of not less than 400,000 nor more than 500,000, according to the United States Decennial Census of 1970 or any future such

Page 4240

census, it shall be lawful to erect signs bearing the word SOLD on certain residential property, approved April 24, 1975 (Ga. Laws 1975, p. 4533), is hereby amended by striking from Section 1 the following figure: 400,000, and inserting in lieu thereof the following figure: 350,000, so that when so amended Section 1 of said Act shall read as follows: Section 1. In each county of this State having a population of not less than 350,000 nor more than 500,000 persons, according to the 1970 United States Decennial Census or any future such census, it shall be lawful for any person, firm or corporation to erect or permit to be erected a sign bearing the word `SOLD' on the premises of any single family residential property located within the unincorporated area of such county, but it shall be unlawful to fail to remove or cause to be removed such sign bearing the word `SOLD' from the premises of any such single family residential property located within the unincorporated area of such county after five days have elapsed after the erection of such sign. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981.

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BOARDS OF EDUCATIONAUDITS IN CERTAIN COUNTIES (250,000 - 500,000) (350,000 - 500,000). No. 445 (House Bill No. 1062). AN ACT To amend an Act requiring the boards of education in certain counties of this state to publish a summary of all receipts and expenditures of said boards on a quarterly basis and providing for the maintenance of audit reports for public inspection, approved April 25, 1969 (Ga. Laws 1969, p. 3654), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2404), so as to change the population brackets in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act requiring the boards of education in certain counties of this state to publish a summary of all receipts and expenditures of said boards on a quarterly basis and providing for the maintenance of audit reports for public inspection, approved April 25, 1969 (Ga. Laws 1969, p. 3654), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2404), is hereby amended by striking from Section 1 the following: not less than 250,000 nor more than 500,000 according to the United States decennial census of 1960, and inserting in lieu thereof the following: not less than 350,000 nor more than 500,000 according to the United States decennial census of 1970, so that when so amended, Section 1 shall read as follows: Section 1. In all counties of this State having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1970 or any such future census, the board of education in each such county shall publish quarterly a statement of all receipts and disbursements. Said statement shall follow as near as practicable the form and items used in reporting to the State

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Department of Audits the disbursements of General Fund Expenses. The statement shall contain a notification that a detailed and itemized list of all expenditures and receipts of the board for the immediately preceding year is on file in the office of said board of education for inspection by the public. Said items shall include, but are not limited to, disbursements for administration, instruction, transportation, operation of plant, maintenance of plant, fixed charges, and outlays for improvement. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. SELECTION OF TRAVERSE JURORS IN CERTAIN COUNTIES (250,000 - 500,000) (350,000 - 500,000). No. 447 (House Bill No. 1065). AN ACT To amend an Act providing for the selection of traverse jurors for all courts from a single box, approved February 12, 1952 (Ga. Laws 1952, p. 99), as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3000), so as to change the population figures in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the selection of traverse jurors for all courts from a single box, approved February 12, 1952 (Ga. Laws 1952, p. 99), as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3000), is hereby amended by striking from Section 1 the following:

Page 4243

250,000 and not more than 500,000 according to the 1960 United States Census, and inserting in lieu thereof the following: 350,000 and not more than 500,000 according to the United States decennial census of 1970, so that when so amended Section 1 of said Act shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same that in all 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 United States census, the jury commissioners of any such counties shall in all future registers of the traverse jury lists place all tickets bearing the names of traverse jurors in one box for use by the superior court of said county and shall not place any such tickets in any other traverse jury box for the use of any other court or courts in such county. All traverse jury boxes now used in such county shall be destroyed upon the approval of this Act except the traverse jury box prepared for the use of the superior court of such county. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES REPEALED (33,300 - 34,056). No. 448 (House Bill No. 1066). AN ACT To repeal an Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than

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33,300 and not more than 34,056 according to the U.S. Decennial Census of 1960 or any future such census, and including the County of Colquitt; providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to repeal conflicting laws; and for other germane purposes., approved April 5, 1961 (Ga. Laws 1961, p. 2852), as amended by an Act approved March 6, 1962 (Ga. Laws 1962, p. 3195), an Act approved March 15, 1963 (Ga. Laws 1963, p. 2227), an Act approved March 31, 1965 (Ga. Laws 1965, p. 3076), an Act approved April 21, 1967 (Ga. Laws 1967, p. 3309), and an Act approved March 26, 1980 (Ga. Laws 1980, p. 4285); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act creating a Small Claims Court in each county in this State having a population of not less than 33,300 and not more than 34,056 according to the U.S. Decennial Census of 1960 or any future such census, and including the County of Colquitt; providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to repeal conflicting laws; and for other germane purposes., approved April 5, 1961 (Ga. Laws 1961, p. 2852), as amended by an Act approved March 6, 1962 (Ga. Laws 1962, p. 3195), an Act approved March 15, 1963 (Ga. Laws 1963, p. 2227), an Act approved March 31, 1965 (Ga. Laws 1965, p. 3076), an Act approved April 21, 1967 (Ga. Laws 1967, p. 3309), and an Act approved March 26, 1980 (Ga. Laws 1980, p. 4285), is hereby repealed in its entirety.

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Section 2 . This Act shall become effective July 1, 1981; provided, however, that, if an Act creating a Small Claims Court in Colquitt County and providing for other matters relative thereto does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. TOWN OF TAZEWELLCHARTER REPEALED. No. 449 (House Bill No. 1069). AN ACT To repeal an Act entitled An Act to create a charter for the town of Tazewell, Georgia, to establish a municipal government for said town, to provide the time for electing a mayor and five councilmen for said town; to define the rights, powers and duties of the same in the said town and to repeal all conflicting laws., approved December 12, 1953 (Ga. Laws 1953, p. 2325); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act to create a charter for the town of Tazewell, Georgia, to establish a municipal government for said town, to provide the time for electing a mayor and five councilmen for said town; to define the rights, powers and duties of the same in the said town and to repeal all conflicting laws., approved December 12, 1953 (Ga. Laws 1953, p. 2325), is hereby repealed in its entirety.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced, at the regular 1981 Session of the General Assembly of Georgia, a bill to repeal the Act incorporating the City of Tazewell, in the County of Marion County, approved December 12, 1953 (Georgia laws 1953, pages 2325 through 2339), as amended; and for other purposes. This 29th day of December, 1980. Ward Edwards State Representative, 110th House District Publishers Affidavit This is to certify that the Legal Notice pertaining to the Notice of Intent to Introduce Local Legislation regarding the compensation of the Deputy Sheriff has been published in our newspaper. This legal was published in the following issues: January 22, 29, and February 5, 1981. This the 5th day of March, 1981. The Patriot-Citizen. /s/ Robert E. Tribble Publisher

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Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Mike Hale Notary Public. (Seal). Approved April 6, 1981. HARALSON COUNTY WATER AUTHORITYMEMBERS, ETC. No. 451 (House Bill No. 1077). AN ACT To amend an Act known as the Haralson County Water Authority Act, approved April 10, 1971 (Ga. Laws 1971, p. 3258), so as to increase the number of members of the Authority from seven to nine; to provide for appointment and terms; to provide for a quorum; to provide for filling vacancies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Haralson County Water Authority Act, approved April 10, 1971 (Ga. Laws 1971, p. 3258), is hereby amended by striking Section 2, which reads as follows: Section 2. Haralson County Water Authority. There is hereby created a body corporate and politic, to be known as the Haralson County Water 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

Page 4248

seven members to be composed as follows: the mayor of Bremen or someone designated by him, the mayor of Tallapoosa or someone designated by him, the mayor of Buchanan or someone designated by him, the mayor of Waco or someone designated by him, the commissioner of Haralson County or someone designated by him, and two persons appointed by the commissioner of Haralson County. The two members appointed by the commissioner of Haralson County shall serve four-year terms. At the time of the appointment of the first two members, the commissioner shall appoint one member for a two-year term and one member for a four-year term, and thereafter the terms for such members appointed by the commissioner shall be four years. Four 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 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 determine their compensation for serving in such capacity. The authority shall make rules and regulations for its own government. It shall have perpetual existence., in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Haralson County Water Authority. There is hereby created a body corporate and politic, to be known as the Haralson County Water 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 nine members to be composed as follows: the mayor of Bremen or someone designated by him, the mayor of Tallapoosa or someone designated by him, the mayor of Buchanan or someone designated by him, the mayor of Waco or someone designated by him, the commissioner of Haralson County or someone designated by him, two persons appointed by the commissioner of Haralson County, and two persons appointed as hereinafter provided. The two members appointed by the commissioner of Haralson County shall serve four-year terms. At the time of the appointment of the first two members, the commissioner shall appoint one member for a two-year term and one member for a four-year term, and thereafter the terms for such members appointed by the commissioner shall be four years. The two

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members added by the 1981 amendment to this section shall be appointed and shall have terms as follows: one member shall be appointed by the mayor of Bremen and one member shall be appointed by the mayor of Tallapoosa. Both of such members shall be appointed prior to May 1, 1981, and shall take office on that date for a term running through June 30, 1982. Successors to such members shall be appointed during the month of June, 1982, and shall take office on July 1, 1982, for a term of two years. Future successors shall be appointed each two years thereafter in the month of June and shall take office on July 1 for a term of two years. Members shall hold over until their successors are appointed and take office. Members may succeed themselves in office. Five 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 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 determine their compensation for serving in such capacity. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2. Said Act is further amended by adding at the end of Section 3 the following: In the event of a vacancy in the membership of the Authority by reason of the death, resignation, or disability of a member appointed by the mayor of Bremen or the mayor of Tallapoosa in 1981 or of any successor of any such member, such vacancy shall be filled by the appointing authority., so that when so amended Section 3 shall read as follows: Section 3. Vacancies. In the event of a vacancy in the membership of the Authority by reason of death, cause, resignation or disability of one of the members appointed by the commissioner, said vacancy shall be filled by the commissioner of Haralson County. In the event of a vacancy in the membership of the Authority by reason of the death, resignation, or disability of a member appointed by the mayor of Bremen or the mayor of Tallapoosa in 1981 or of any successor of any such member, such vacancy shall be filled by the appointing authority.

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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 1981 session of the General Assembly, a bill to change the membership of the Haralson County Water Authority; and for other purposes. This 29th day of January, 1981. Haralson County Water Authority By: Jim F. Smith, Chairman Georgia, Carroll County. This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County: The following dates, to-wit: February 5, 12, and 19, 1981. Sworn to on the 20 day of February, 1981. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 20th day of February, 1981. /s/ Linda Spence Notary Public. (Seal). Approved April 6, 1981.

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COOK COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 452 (House Bill No. 1079). AN ACT To amend an Act creating a board of commissioners for Cook County, approved August 12, 1919 (Ga. Laws 1919, p. 627), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3577), so as to change the provisions relating to the compensation of the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Cook County, approved August 12, 1919 (Ga. Laws 1919, p. 627), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3577), is hereby amended by striking in its entirety subsection (a) of Section 17, which reads as follows: (a) The Chairman of the Board of Commissioners shall receive one hundred dollars ($100.00) per month, and the other members of the Board of Commissioners shall each receive seventy-five dollars ($75.00) per month. The Chairman shall be elected at the first regular meeting in January of each year by the members of the Board of Commissioners, from among the members of the Board of the Commissioners. No expenses shall be paid to the Commissioners except for actual expenses incurred by them in carrying on county business while outside Cook County. The last item shall be paid only when authorized by the whole Board and submitted as an itemized statement to the clerk of said Board. The above authorized compensation and expenses shall be paid from the funds of the county each month.,

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and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chairman of the board of commissioners shall receive $100.00 per month, and the other members of the board of commissioners shall each receive $75.00 per month. The chairman shall be elected at the first regular meeting in January of each year by the members of the board of commissioners from among the members of the board of commissioners. Each member of the board of commissioners, including the chairman, shall also receive an expense allowance of $50.00 per month and shall be paid actual expenses incurred by him in carrying on county business while outside Cook County. The expense outside the county shall be paid only when authorized by the whole board and submitted as an itemized statement to the clerk of said board. The above-authorized compensation and expenses shall be paid from the funds of the county each month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act, as said act is presently amended, which provides for the compensation and mode of compensation for the Commissioners of Roads and Revenues of Cook County, Georgia, so as to increase the salaries of the Commissioners of Roads and Revenues of said County and for other purposes. This the 13th day of January 1981. Representative Delegation for the 146th District of the State of Georgia.

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To Whom It May Concern: This is to certify that the attached advertisement was printed in The Adel News official publication for Cook County, Georgia on January 14, 21, and 28, 1981. Copy of advertisement as printed in newspaper is attached. This 10th day of February, 1981. /s/ J. M. Mason Publisher Sworn to and subscribed before me, this 10th day of February, 1981. /s/ Edith C. Cox Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1983. (Seal). Approved April 6, 1981. BLECKLEY COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 453 (House Bill No. 1080). AN ACT To amend an Act placing the clerk of the Superior Court of Bleckley County upon an annual salary, approved April 3, 1969 (Ga. Laws 1969, p. 3312), as amended, so as to change the compensation of the clerk of the superior court; to provide for a cost-of-living increase;

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to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court of Bleckley County upon an annual salary, approved April 3, 1969 (Ga. Laws 1969, p. 3312), as amended, is hereby amended by striking subsection (a) of Section 3 of said Act in its entirety and substituting in lieu thereof the following: (a) The clerk of the superior court shall receive an annual salary of $13,500.00 payable in equal monthly installments from the funds of Bleckley County. Effective January 1, 1982, and each year thereafter, the clerk of the superior court shall receive an annual cost-of-living increase. Such cost-of-living increase shall be determined by multiplying the annual salary for the previous year by 5 percent. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia legislation to adjust the salaries of the elected officials of Bleckley County. /s/ Ben Jessup Representative, District 117

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following dates: February 11, 18, 25, 1981. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 12th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. BLECKLEY COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 454 (House Bill No. 1081). AN ACT To amend an Act fixing the salaries of certain county officers of Bleckley County, approved February 10, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2196), as amended, so as to change the compensation of

Page 4256

the judge of the probate court; to provide for a cost-of-living increase; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the salaries of certain county officers of Bleckley County, approved February 10, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2196), as amended, is hereby amended by striking subsection (a) of Section 3 of said Act in its entirety and substituting in lieu thereof the following: (a) The Judge of the Probate Court of Bleckley County shall receive an annual salary of $13,500.00 which shall be paid in equal monthly installments from the funds of Bleckley County. Effective January 1, 1982, and each year thereafter, the judge of the probate court shall receive an annual cost-of-living increase. Such cost-of-living increase shall be determined by multiplying the annual salary for the previous year by 5 percent. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia legislation to adjust the salaries of the elected officials of Bleckley County. /s/ Ben Jessup Representative, District 117

Page 4257

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following dates: February 11, 18, 25, 1981. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 12th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. BLECKLEY COUNTYCOMPENSATION OF COUNTY COMMISSIONER. No. 455 (House Bill No. 1082). AN ACT To amend an Act creating the office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. Laws 1913, p. 345), as amended, particularly by an Act approved April 17, 1979 (Ga. Laws

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1979, p. 4658), so as to change the compensation of the commissioner; to provide a cost-of-living increase; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. Laws 1913, p. 345), as amended, particularly by an Act approved April 17, 1979 (Ga. Laws 1979, p. 4658), is hereby amended by striking subsection (a) of Section 9 of said Act in its entirety and substituting in lieu thereof the following: (a) The Commissioner of Bleckley County and his successors in office shall receive a base salary of $17,000.00 per annum, payable in equal monthly installments. Effective January 1, 1982, and each year thereafter, the commissioner shall receive an annual cost-of-living increase. Such cost-of-living increase shall be determined by multiplying the annual salary for the previous year by 5 percent. In addition to the base salary, the commissioner shall receive an allowance for expenses incurred in the performance of the duties as commissioner in an amount not to exceed $250.00 per month. The salary and expense allowance herein provided shall be the total compensation to be received by the Commissioner of Bleckley County and said sums shall be paid to the commissioner by the fiscal authority of said county from funds of Bleckley County on a semimonthly or monthly basis as may be determined by said commissioner. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia legislation to adjust the salaries of the elected officials of Bleckley County.

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/s/ Ben Jessup Representative, District 117 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following dates: February 11, 18, 25, 1981. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 12th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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BLECKLEY COUNTYCOMPENSATION OF SHERIFF. No. 456 (House Bill No. 1083). AN ACT To amend an Act placing the sheriff of Bleckley County upon an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2568), as amended, so as to change the compensation of the sheriff; to provide for a cost-of-living increase; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Bleckley County upon an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2568), as amended, is hereby amended by striking subsection (a) of Section 2 of said Act in its entirety and substituting in lieu thereof the following: (a) The Sheriff of Bleckley County shall receive an annual salary of $17,000.00 which shall be paid in equal monthly installments from the funds of Bleckley County. Effective January 1, 1982, and each year thereafter, the sheriff shall receive an annual cost-of-living increase. Such cost-of-living increase shall be determined by multiplying the annual salary for the previous year by 5 percent. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia legislation to adjust the salaries of the elected officials of Bleckley County.

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/s/ Ben Jessup Representative, District 117 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following dates: February 11, 18, 25, 1981. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 12th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

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BLECKLEY COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 457 (House Bill No. 1084). AN ACT To amend an Act creating the office of tax commissioner of Bleckley County, approved April 23, 1969 (Ga. Laws 1969, p. 3304), as amended, so as to change the compensation of the tax commissioner; to provide for a cost-of-living increase; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Bleckley County, approved April 23, 1969 (Ga. Laws 1969, p. 3304), as amended, is hereby amended by striking subsection (a) of Section 3 of said Act in its entirety and substituting in lieu thereof the following: (a) (1) The tax commissioner of Bleckley County shall receive an annual salary of $13,000.00 payable in equal monthly installments from the funds of Bleckley County. Effective January 1, 1982, and each year thereafter, the tax commissioner shall receive an annual cost-of-living increase. Such cost-of-living increase shall be determined by multiplying the annual salary for the previous year by 5 percent. (2) In addition to the compensation provided for in paragraph (1), the tax commissioner shall receive those commissions allowed by an Act, relating to the sale of motor vehicle license plates, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, and those commissions on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest as provided in Code Section 91A-1370, relating to commissions. Section 2. This Act shall become effective on the first day 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 1981 session of the General Assembly of Georgia legislation to adjust the salaries of the elected officials of Bleckley County. /s/ Ben Jessup Representative, District 117 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following dates: February 11, 18, 25, 1981. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 12th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 4264

LAMAR COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 458 (House Bill No. 1088). AN ACT To amend an Act creating a small claims court for Lamar County, approved April 17, 1975 (Ga. Laws 1975, p. 3464), so as to change the provisions relating to costs; to change the provisions relating to service; to delete the provisions relating to jury trials; to change the provisions relating to appeals; 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 Lamar County, approved April 17, 1975 (Ga. Laws 1975, p. 3464), is hereby amended by striking subsection (e) of Section 6 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.50. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Section 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. (a) When he files his claim, the plaintiff shall deposit with the court the sum of $15.00 which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant shall be $22.50; provided, further, that in any other matters not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided, further, in claim cases and illegalities instituted by a third party after levy, the costs shall be $10.00 to be taxed in the discretion of the court. If a party shall fail to

Page 4265

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 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 3. Said Act is further amended by striking Section 13, which reads as follows: Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within ten days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and the defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses., in its entirety. Section 4. Said Act is further amended by striking Section 15 in its entirety and substituting in lieu thereof a new Section 15 to read as follows: Section 15. 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 61, to the superior court, shall be applicable to appeals from the small claims court to the superior court, the same to be a de novo appeal.

Page 4266

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 in the regular 1981 session of the General Assembly of Georgia a bill to amend an act creating a Small Claims Court of Lamar County, approved April 17, 1975 (Georgia Laws 1975, Page 3464), and for other purposes on this the 17th day of February, 1981. Jimmie Burousas, Judge Small Claims Court Lamar County, Ga. 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 Barnesville Herald-Gazette which is the official organ of Lamar County, on the following dates: February 25, March 4, 11, 1981. /s/ Bill Jones Representative, 78th District

Page 4267

Sworn to and subscribed before me, this 16th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. PEACHTREE CITY INDUSTRIAL BUILDING AUTHORITYPOWERS. No. 459 (House Bill No. 1089). AN ACT To grant certain additional powers to the Peachtree City Industrial Building Authority; to provide for all related 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. Pursuant to the authority granted to the General Assembly by the amendment to the Constitution creating the Peachtree City Industrial Building Authority, which amendment appears at Ga. Laws 1962, p. 1033, the powers of the Peachtree City Industrial Building Authority are hereby expanded and further defined to include the power to acquire by purchase or gift any building or structure within the limits of Peachtree City which is suitable and intended for use as a training facility for employees of any business enterprise and any facility necessary or related thereto. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 4268

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 1981 Session of the Georgia General Assembly legislation to amend the powers of the Peachtree City Industrial Building Authority (Ga. Laws 1962, pp. 1033-1039) to include the power to acquire by purchase or gift any building or structure within the limits of Peachtree City suitable and intended for use as a training facility for employees of any business enterprise; to increase the number of members to seven (7); to repeal conflicting laws; and for other purposes. John Mostiler Representative, District 71 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler who, on oath, deposes and says that he/she is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following dates: February 25, March 4 and 11, 1981. /s/ John L. Mostiler Representative, 71st District

Page 4269

Sworn to and subscribed before me, this 13th day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. LONG COUNTYACT PLACING PROBATE COURT JUDGE ON SALARY BASIS AMENDED. No. 460 (House Bill No. 1090). AN ACT To amend an Act placing the judge of the Probate Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4022), as amended, so as to establish a minimum salary for the judge of the probate court; to establish a minimum salary for the clerk of the judge of the probate court; to authorize the board of commissioners to fix the salaries of the judge and clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the judge of the Probate Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4022), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The judge of the probate court shall receive an annual salary of not less than $10,500.00, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County.

Page 4270

Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The judge of the probate court shall be authorized to appoint a clerk to assist him in carrying out the duties of his office. The said clerk shall receive a salary of not less than $7,200.00 per annum, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County. The judge of the probate court shall have the authority to appoint such other deputies, clerks, assistants, and other personnel as he shall deem necessary to 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 fix the number of such other employees and their compensation. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4022), as amended; and for other purposes. This 24th day of February, 1981. Clinton Oliver Representative, 121st District Long County, Georgia

Page 4271

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 26, March 5, 12, 1981. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 4272

LONG COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 461 (House Bill No. 1091). AN ACT To amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. Laws 1963, p. 2021), as amended, so as to establish a minimum salary for the sheriff; to establish minimum salaries for the clerk and deputy sheriffs of the sheriff; to authorize the board of commissioners to fix the salaries of the sheriff, deputy sheriffs, and clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. Laws 1963, p. 2021), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The sheriff of Long County shall receive a salary of not less than $12,500.00 per annum, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County. Any funds, except the salary provided, collected under the color of the sheriff's office shall be county funds and accounted accordingly. (b) The sheriff is hereby charged with the duty of feeding prisoners confined under his jurisdiction. It shall be the duty of the county authorities to fix the expenses necessary for the feeding of said prisoners and to pay for such out of county funds. (c) The sheriff of Long County shall have the authority to appoint four deputies. The salary of each deputy shall not be less than $750.00 per month, the exact amount to be determined by the board of commissioners, payable monthly out of the funds of Long County. The sheriff may appoint a fifth deputy with the concurrence of the board of commissioners, and such deputy may be a part-time employee. The minimum salary requirements shall not apply to such deputy if he is part-time. The sheriff is also authorized to hire

Page 4273

additional deputies for emergency purposes only, and the compensation of such deputies shall be determined by the board of commissioners of Long County and shall be paid out of the funds of Long County. (d) The sheriff shall also be authorized to employ a clerk, and said clerk shall have such duties and responsibilities as shall be assigned to him by the sheriff. The sheriff shall be authorized to designate and name said clerk as a deputy at his discretion. Said clerk shall receive a salary of not less than $7,200.00 per annum, the exact amount to be determined by the board of commissioners of Long County, payable in equal monthly installments out of the funds of Long County. 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 1981 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. Laws 1963, p. 2021), as amended; and for other purposes. This 24th day of February, 1981. Clinton Oliver Representative, 121st District Long County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver who, on oath, deposes and says that he/she is Representative from the 121st District, and

Page 4274

that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 26, March 5, 12, 1981. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981. LONG COUNTYACT CREATING OFFICE OF TAX COMMISSIONER AMENDED. No. 462 (House Bill No. 1092). AN ACT To amend an Act to consolidate the offices of tax receiver and tax collector of Long County into the office of the tax commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended, so as to establish a minimum salary for the tax commissioner; to establish a minimum salary for the deputy tax commissioner; to authorize the board of commissioners to fix the salaries of the tax commissioner and the deputy tax commissioner; to repeal conflicting laws; and for other purposes.

Page 4275

Be it enacted by the General Assembly of Georgia: Section 1. An Act to consolidate the offices of tax receiver and tax collector of Long County into the office of the tax commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended, is hereby amended by striking 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 $12,500.00, the exact amount to be determined by the board of commissioners, payable in equal monthly installments from the funds of Long County. Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in an amount not less than $7,200.00 per annum, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 24th day of February, 1981.

Page 4276

Clinton Oliver Representative, 121st District Long County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 26, March 5, 12, 1981. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 6, 1981.

Page 4277

LONG COUNTYACT PLACING CLERK OF SUPERIOR COURT ON SALARY BASIS AMENDED. No. 463 (House Bill No. 1093). AN ACT To amend an Act placing the clerk of the Superior Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4028), as amended, so as to establish a minimum salary for the clerk of the superior court; to establish a minimum salary for the deputy clerk of the superior court; to authorize the board of commissioners to fix the salaries of the clerk and deputy clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4028), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The clerk of the superior court shall receive an annual salary of not less than $12,500.00, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County. Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The clerk of the superior court shall be authorized to appoint a deputy clerk to assist him in carrying out the duties of his office. Said deputy clerk shall receive a salary of not less than $7,200.00 per annum, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County. The clerk of the superior court shall have the authority to appoint such other deputies, clerks, assistants, and other personnel as he shall deem necessary to 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

Page 4278

suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the number of such other employees and their compensation. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4028), as amended; and for other purposes. This 24th day of February, 1981. Clinton Oliver Representative, 121st District Long County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 26, March 5, 12, 1981.

Page 4279

/s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. PAULDING COUNTYAPPOINTMENT, REMOVAL, ETC. OF NAMED COUNTY OFFICIALS. No. 464 (House Bill No. 1094). AN ACT To amend an Act creating a Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. Laws 1975, p. 2916), as amended by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4129) and by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4458), so as to change the provisions relating to the appointment, removal, and compensation of certain county officials and employees; 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 Paulding County, approved April 17, 1975 (Ga. Laws 1975, p. 2916), as amended by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4129) and by an Act approved March 24, 1978 (Ga. Laws 1978, p.

Page 4280

4458), is hereby amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows: Section 14. Appointment of county officials and employees. (a) Subject to confirmation by the Board, the Chairman shall appoint the heads or chief executive officers, by whatever name designated, of the various departments of Paulding County, except the departments of the elected county officers of said county. Subject to confirmation by the Board, the Chairman shall also appoint the county attorney and the secretary of the Commission. The head or chief executive officer of any department, the county attorney, and the secretary of the Commission shall serve at the pleasure of the Commission and may be removed from office at any time by a majority vote of the Commission. Any person appointed Comptroller of Paulding County shall have the qualifications specified in Section 17 of this Act. The compensation of all department heads or other chief executive officers, the county attorney, and the secretary of the Commission appointed as provided herein shall be fixed by the Commission. (b) Unless subject to the civil service system of Paulding County, the appointment and removal of other employees of said county, other than the employees of elected county officers, shall be the same as for department heads or chief executive officers, as provided by subsection (a) of this Section; and the compensation of said employees shall be fixed by the Commission within budgetary limitations. (c) Unless subject to the civil service system of Paulding County, the elected county officers of said county shall have the sole authority to appoint and remove the personnel within their respective offices. The compensation of such personnel shall be subject to the approval of the Commission. Section 2. Said Act is further amended by striking Section 15 in its entirety and substituting in lieu thereof a new Section 15 to read as follows: Section 15. Appointment to statutory positions. The appointment and removal of, and the compensation to be paid to persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be the same as for department heads as provided by Section 14 of this Act.

Page 4281

Section 3. Said Act is further amended by striking subsection (a) of Section 17 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Department of Finance shall be under the supervision and control of the Paulding County Comptroller who shall be directly responsible to the Commission. The Comptroller shall have a bachelor's or master's degree with a major in accounting or the equivalent thereof from an accredited college or university or shall have had at least five years of experience in public accounting or five years' experience in accounting work for a federal, state, county, or municipal governmental agency. 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. Laws 1975, p. 2916), as amended; and for other purposes. This 23rd day of February, 1981. Donald C. Watson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken 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 Dallas New Era which is the official organ of Paulding County, on the following dates: February 25, March 4, 11, 1981.

Page 4282

/s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 16th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. PAULDING COUNTYCIVIL SERVICE SYSTEM ACT AMENDED. No. 465 (House Bill No. 1095). AN ACT To amend an Act authorizing the establishment of a civil service system in Paulding County, approved March 18, 1980 (Ga. Laws 1980, p. 3119), so as to change the provisions relating to persons subject to the civil service system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the establishment of a civil service system in Paulding County, approved March 18, 1980 (Ga. Laws 1980, p. 3119), is hereby amended by striking subsection (b) of Section 2 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

Page 4283

(b) It is specifically provided that elected officials of Paulding County, appointed members of boards, commissions, and authorities of Paulding County, the heads or other chief executive officers, by whatever name designated, of all departments of Paulding County, whether presently existing or hereafter created, the county attorney, and the secretary of the Paulding County Commission shall not be under or subject to the Paulding County Civil Service System. Except as limited by the foregoing sentence and by Section 5 of this Act relating to employees of elected county officers, the Paulding County Commission, pursuant to the resolution adopted under subsection (a) of this Section, or pursuant to any other resolution or ordinance that may be adopted from time to time by said commission, shall have the authority to place all employees, or any category of employees, of Paulding County under said civil service system. Section 2. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. When more than 50 percent of the employees of any elected county officer of Paulding County petition the civil service board to be placed under the civil service system, the board shall take action to place such employees under said system, and, thereafter, said employees shall be under and subject to said civil service system. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act authorizing the establishment of a civil service system in Paulding County, approved March 18, 1980 (Ga. Laws 1980, p. 3119); and for other purposes. This 23rd day of February, 1981. Donald C. Watson

Page 4284

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken 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 Dallas New Era which is the official organ of Paulding County, on the following dates: February 25, March 4, 11, 1981. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 16th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. FAYETTE COUNTYCOMPENSATION OF CORONER. No. 466 (House Bill No. 1096). AN ACT To amend an Act placing the coroner of Fayette County on a salary in lieu of the fee system of compensation, approved March 13,

Page 4285

1978 (Ga. Laws 1978, p. 3119), so as to change the compensation of the coroner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Fayette County on a salary in lieu of the fee system of compensation, approved March 13, 1978 (Ga. Laws 1978, p. 3119), is hereby amended by striking from Section 1 the following: $100.00, and inserting in lieu thereof the following: $400.00, 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 Fayette County is hereby placed on a salary in lieu of the fee system of compensation. Such coroner shall be compensated in the amount of $400.00 per month to be paid from the funds of the county. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall be allowed the coroner of such county. All such fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind shall be the property of the county and shall be paid to the fiscal officer of the county at least once a month. The coroner of such county is hereby authorized to appoint one or more deputy coroners with the approval of the governing authority of such county and to assign such duties, powers and responsibilities to such deputy coroners as he shall determine advisable. Such deputy coroners shall be compensated in an amount to be fixed by the governing authority of the county. Section 2. 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 1981 Session of the General Assembly of Georgia a local act amending the Act which provides for the compensation of the Coroner of Fayette County, Georgia, to provide an increase in salary from One Hundred to Four Hundred Dollars per month, to repeal conflicting laws and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Mostiler who, on oath, deposes and says that he 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: February 18, 25, March 4, 1981. /s/ John Mostiler Representative, 71st District Sworn to and subscribed before me, this 16th day of March, 1981. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved April 6, 1981.

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MERIWETHER COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 467 (House Bill No. 1099). AN ACT To amend an Act placing the sheriff, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended, particularly by an Act approved February 23, 1979 (Ga. Laws 1979, p. 3041), so as to change the compensation of the deputies 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, the clerk of the superior court, the judge of the probate court, and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended, particularly by an Act approved February 23, 1979 (Ga. Laws 1979, p. 3041), 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 be compensated as provided by general law. He shall be furnished a fully equipped motor vehicle to use in the performance of his official duties. The sheriff shall be authorized to appoint a chief deputy sheriff to assist him in the performance of his duties. The compensation of the chief deputy sheriff shall be fixed by the board of commissioners of Meriwether County and shall be not less than $800.00 per month nor more than $1,100.00 per month. The sheriff shall also be authorized to employ one full-time deputy sheriff and such other full-time deputy sheriffs as are approved by the board of commissioners of Meriwether County. The compensation of each full-time deputy sheriff shall be fixed by said board of commissioners but shall not exceed $1,000.00 per month. Said compensation shall be payable from the funds of Meriwether County. The sheriff may employ part-time deputy sheriffs when necessary during the times which are authorized by the board of commissioners. The compensation for a part-time deputy sheriff shall be fixed by said board of commissioners and shall be at a

Page 4288

rate for the time employed not to exceed $1,000.00 per month each, payable from the funds of Meriwether County. The county shall furnish the deputy sheriffs with one fully equipped motor vehicle and such other fully equipped motor vehicles as the board of commissioners of Meriwether County shall determine to be necessary to be used by the sheriff and deputy sheriffs in the performance of their official duties. All gasoline, oil, and other related maintenance expenses for the sheriff's vehicle and the other vehicles authorized shall be borne by the county. In addition, the sheriff may employ or receive $300.00 per month for a jailer or turnkey. The expenses for boarding prisoners shall be paid for out of county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and certain other county officers of Meriwether County on a salary basis in lieu of the fee system of compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended; and for other purposes. This 23rd day of February, 1981. Claude A. Bray, Jr. Representative, 70th District Meriwether County Commissioners

Page 4289

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: February 27, March 6, 13, 1981. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 16th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED. No. 491 (House Bill No. 164). AN ACT To amend an Act known as The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga.

Page 4290

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), an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), an Act approved March 25, 1980 (Ga. Laws 1980, p. 3831), and an Act approved March 27, 1980 (Ga. Laws 1980, p. 4333) is hereby amended so as to clarify the Authority's exemption from sales and use taxes; to permit the establishment of an operating reserve fund; to provide for use of interest earned on self-insurance reserves; to change certain requirements relating to the use of the annual proceeds of the tax authorized to be levied pursuant to this Act; to amend said amendatory Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), so as to change the effective date of certain provisions relating to the use of certain funds of the Authority; to provide a different effective date for said provisions; to change the provisions relating to tax exemptions; to provide for severability; to repeal conflicting laws; to provide for effective dates; 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

Page 4291

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), an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), an Act approved March 25, 1980 (Ga. Laws 1980, p. 3831), and an Act approved March 27, 1980 (Ga. Laws 1980, p. 4333) is hereby amended by deleting in its entirety subsection (c) of Section 21, and by inserting in lieu thereof a new subsection (c) of Section 21 to read as follows: (c) The Authority and its activities shall be exempt from all taxes and tax obligations, except taxes imposed upon the sale or distribution of motor fuels pursuant to Code Chapter 92-14, relating to motor fuel taxation, or pursuant to the Motor Fuel Tax Law, Ga. Code Chapter 91A-50, as now or hereafter amended. The Authority shall not be obligated to pay, and the State Revenue Commissioner shall not collect or attempt to collect, assess or attempt to assess, levy or attempt to levy from or against the Authority, any sales and use taxes imposed upon the sale of motor fuel, including without limitation, the tax authorized by Section 25 of this Act, for any period of time subsequent to June 30, 1977, and prior to July 1, 1979. Section 2. Said Act is further amended by inserting after the third sentence of subsection (i) of Section 25 and before the fourth sentence of subsection (i) of Section 25, a new sentence to read as follows: If the results of operations in the Authority's fiscal year commencing July 1, 1980 or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years., so that when amended subsection (i) of Section 25 shall read as follows: (i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the

Page 4292

obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and amortization, until July 1, 1997, after which time no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and amortization, and that commencing with July 1, 1997, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation and amortization. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980 or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words `operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction and improvement of the rapid transit system, according to accepted principles of accounting. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, constructing, or improving the rapid transit system and are invested, then all interest

Page 4293

earned from such investments shall be used only for planning, designing, acquiring, constructing, or improving the rapid transit system or for paying the principal of or interest on bonds or certificates issued for such purposes. Section 3. The Act amending The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved April 16, 1979 (Ga. Laws 1979, p. 4634), is hereby amended by striking from Section 13 of said 1979 amendatory Act the following: ,except that Section 10 of this Act shall become effective April 1, 1982, and inserting in lieu thereof the following: except that Section 10 of this Act shall become effective July 1, 1984. Section 4. Said Act is further amended by adding at the end of Section 21 a new subsection (d) to read as follows: (d) Notwithstanding any other provisions of this Section, the Authority shall not be exempt from the State Sales and Use taxes (Code Chapter 91A-45) for tour and charter services. Section 4.1. Said Act is further amended by striking in its entirety subsection (1) of Section 25, which reads as follows: (1) Any other provision of this Act to the contrary notwithstanding, after July 1, 1980, not less than fifty percent (50%) of the annual proceeds of the tax authorized to be levied by this Act shall be used for the purposes and in the manner required by any trust indenture or other agreement with or for the benefit of bondholders, including payment of the principal of or premium or interest upon bonds or certificates issued by the Authority or to create a reserve for that purpose and, for the payment of the cost of a rapid transit system or project as defined in Section 2(j) of this Act, and such fifty percent (50%) of the proceeds shall be used only for the purposes provided by this subsection (1)., and inserting in lieu thereof the following:

Page 4294

(1) Any limitation contained in this Act to the contrary notwithstanding, the Board may, in its sole discretion, and for any fiscal year commencing July 1, 1980, or thereafter, use any interest earned on any self-insurance reserve established pursuant to Section 22 of this Act to pay the operating costs of the system as defined by subsection (i) of Section 25 of this Act. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act is declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Section 7. This Act shall become effective upon its 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 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 8th day of December, 1980. John W. Greer Representative, 43rd District

Page 4295

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following dates: December 23, 30, 1980 and January 6, 1981. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 14th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (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 8th day of December, 1980. John W. Greer Representative, 43rd District

Page 4296

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: December 17, 24, 31, 1980. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 14th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (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 8th day of December, 1980. John W. Greer Representative, 43rd District

Page 4297

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 22, 29, 1980 and January 5, 1981. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 14th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (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 8th day of December, 1980. John W. Greer Representative, 43rd District

Page 4298

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 23, 30, 1980 and January 6, 1981. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 14th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (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 8th day of December, 1980. John W. Greer Representative, 43rd District

Page 4299

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 26, 1980, January 2, and 9, 1981. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 14th day of January, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 7, 1981. PENSION RIGHTS OF EMPLOYEES OF CITIES AND COUNTIES BASED UPON POPULATION OF COUNTIES (MORE THAN 550,000). No. 525 (House Bill No. 330). AN ACT To amend an Act approved March 31, 1972 (Ga. Laws 1972, p. 3277), providing for the protection of pension rights of employees of

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certain counties and cities, so as to provide for a definition of employer matching fund contributions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 1 of the Act approved March 31, 1972 (Ga. Laws 1972, p. 3277), is hereby amended by adding thereto a new subsection (d) which shall provide as follows: (d) Employer matching fund contributions shall mean an amount equal to the percentage of members' salaries and wages necessary to pay normal cost contribution of benefits earned by members, as shown in the most recent actuarial study, less the amount required and paid as employee contributions. Where there has been no actuarial study in the past five (5) years, both employer and employee contributions shall be transferred., so that when amended, said Section 1 shall provide as follows: As used in this Act, the following terms shall have the following meanings unless a contrary meaning is clearly indicated by the context: (a) County shall mean any County of this State having a population in excess of 550,000 according to the 1970 United States Census or any future census. (b) City shall mean the largest City located in whole or in part in such county. (c) Pension Fund shall mean a Fund for the purpose of providing retirement benefits for an employee, maintained by either a City or a County, with contributions being made by both the employee and the employer. (d) Employer matching fund contributions shall mean an amount equal to the percentage of members' salaries and wages necessary to pay normal cost contribution of benefits earned by

Page 4301

members, as shown in the most recent actuarial study, less the amount required and paid as employee contributions. Where there has been no actuarial study in the past five (5) years, both employer and employee contributions shall be transferred. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. DISPOSITION OF CERTAIN FINES IN PROBATE COURTS OF CERTAIN COUNTIES (6,900 - 6,950). No. 548 (House Bill No. 474). AN ACT To provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases and game and fish cases in the probate courts of the counties of this state having a population of not less than 6,900 nor more than 6,950 according to the United States decennial census of 1980 or any future such census; to provide for 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. In all counties of this state having a population of not less than 6,900 nor more than 6,950, according to the United States decennial census of 1980 or any future such census, all insolvent costs which are on hand on the effective date of this Act and which have arisen in the probate court from cases involving the violation of the traffic laws or game and fish laws of this state shall be applied,

Page 4302

divided, and paid on the effective date of this Act, with 60 percent of such insolvent costs being paid into the general funds of the county and 40 percent of such insolvent costs being paid to the judge of the probate court of the county. All insolvent costs arising in the probate court of such counties after the effective date of this Act from cases involving the violation of any motor vehicle traffic law or game and fish law of this state shall be applied, divided, and paid on or before the fifteenth day of each month of each year, with 60 percent of such insolvent costs being paid into the general funds of the county and 40 percent of such insolvent costs being paid to the judge of the probate court. The provisions of this section shall apply in such counties only if the judge of the probate court of the county is compensated on the fee system of compensation, in lieu of the salary system of compensation. As used in this section, insolvent costs means such costs remaining after all legal claims on such costs have been allowed and paid. Section 2. This Act shall become effective on the date the United States Bureau of the Census publishes the advance report, which contains the final population counts, for the 1980 census for the State of Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. FULTON COUNTYWITHDRAWAL FROM PENSION SYSTEM, ETC. BY ELECTED OFFICIALS. No. 624 (Senate Bill No. 164). 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),

Page 4303

as amended, so as to provide that elected officials may withdraw from or reject coverage in the pension system; 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 paragraph to read as follows: Any other provisions of this Act to the contrary notwithstanding, any official elected by the people may, by filing a written notice with the Board of Commissioners of Fulton County, withdraw from participation or reject participation in the pension system provided for by this Act. Such written election, once filed, shall be irrevocable, and the elected official filing same shall be refunded all amounts which he shall have contributed to the pension fund provided for by this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January, 1981 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

Page 4304

Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 15, 22, 29 days of December, 1980. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 30 day of December, 1980. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Oct. 23, 1983. (Seal). Approved April 9, 1981. DeKALB COUNTYFORM OF COUNTY GOVERNMENT, REFERENDUM. No. 640 (Senate Bill No. 246). AN ACT To amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a

Page 4305

chairman and board of commissioners of said county, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, so as to establish the form of government of DeKalb County and to fix the powers and duties of the officers constituting the governing authority of DeKalb County and to revise extensively the aforesaid Act in connection therewith; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 striking Sections 1 through 24 in their entirety and substituting in lieu thereof new Sections to read as follows: Section 1. Governing authority. (a) There is hereby created the Board of Commissioners of DeKalb County to be elected and organized as hereinafter provided. There is hereby created the office of Chief Executive Officer of DeKalb County, and said Chief Executive Officer, who shall not be a member of the Commission, shall be elected as hereinafter provided. (b) The Board of Commissioners of DeKalb County, hereinafter referred to as the `Commission,' and the Chief Executive Officer of DeKalb County, hereinafter referred to as the `Chief Executive' shall constitute the governing authority of DeKalb County, and the respective powers and duties of the Commission and the Chief Executive shall be as provided in this Act. Section 2. The Commission. (a) The Commission shall consist of seven members. There shall be five district commissioners and two at-large commissioners. (b) For the purpose of electing the five district commissioners, DeKalb County shall be divided into five Commissioner Districts as follows:

Page 4306

Commissioner District 1 shall consist of the following Census Tracts of such county: Tracts 211, 212.01, 212.02, 212.03, 212.04, 213.01, 213.02, 213.03, 213.04, 214.01, 214.02, 214.03, and 214.04. Commissioner District 2 shall consist of the following Census Tracts of such county: Tracts 201, 202, 203, 204, 215, 216.01, 216.02, 216.03, and 217.01. Tract 220 that portion north of State Mountain Freeway. Tracts 221, 222, 223.01, 223.02, 224.01, 224.02, 224.03, 225, and 226. Commissioner District 3 shall consist of the following Census Tracts of such county: Tracts 205, 206, 207, 208, 209, 227, 228, 229, 230, 234.01, 236, 237, 238.01, 238.02, and 238.03. Commissioner District 4 shall consist of the following Census Tracts of such county: Tracts 217.02, 218.01, 218.02, and 219. Tract 220 that portion south of Stone Mountain Freeway. Tract 232 that portion north of Redan Road. Tract 233 that portion north and east of Redan Road, Stone Mountain Lithonia Road. Commissioner District 5 shall consist of the following Census Tracts of such county: Tracts 231.01, 231.02, 231.03, and 231.04. Tract 232 that portion south of Redan Road. Tract 233 that portion south and west of Redan Road, Stone Mountain Lithonia Road. Tracts 234.02, 235.01, 235.02, and 235.03.

Page 4307

For the purposes of this subsection, the term `census tract' shall have the same meaning and describe the same geographical boundaries as provided in the U. S. Department of Commerce, Bureau of Census, report of the United States Decennial Census of 1980 for the State of Georgia. Any portion of DeKalb County not included in Commissioner Districts 1 through 5 described above shall be included within that Commissioner District contiguous to such portion which contains the least population. (c) Each commissioner shall be a citizen of this State at least 25 years of age and shall have been a resident of the respective Commissioner District, or a resident of the county in the case of an at-large commissioner, for at least two years immediately prior to taking office. Each district commissioner shall be elected by a majority of the electors voting within the respective Commissioner District. The at-large commissioners shall be elected by a majority of the electors voting from the county at large. Any commissioners who cease to be residents of their respective commissioner district, or residents of the county in the case of at-large commissioners, during their terms of office shall thereby vacate their seats on the Commission. All members of the Commission shall be nominated and elected pursuant to the provisions of Code Title 34, known as the `Georgia Election Code,' as now or hereafter amended. Section 3. Establishment of Commission. The Commission created by Sections 1 and 2 of this Act shall become effective on January 1, 1985. The initial and subsequent members of said Commission shall be as follows: (1) Effective January 1, 1985, the commissioners representing commissioner districts 2 and 3 and one at-large commissioner under Section 2 of this Act shall be the former commissioners representing commissioner districts 2 and 3 and the former atlarge commissioner who were elected at the general election of 1982 under previously existing provisions of this Act, and said commissioners so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1986. Their successors shall be elected at the general election of 1986 and shall take office on January 1, 1987, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately

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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. (2) The commissioners representing commissioner districts 1, 4, and 5 and the second at-large commissioner shall be elected at the general election of 1984 and shall take office on January 1, 1985, 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 terms 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 position of chairman of the Board of Commissioners which existed under previous provisions of this Act shall stand abolished on December 31, 1984. Section 4. Running for other elective office creates vacancy. If any member of the Commission or the Chief Executive qualifies for nomination or election to any elective public office, other than to succeed oneself as a member of the Commission or as Chief Executive, the seat of the member of the Commission or the Chief Executive so qualifying shall thereby become vacant as of the date of such qualification. Section 5. Chief Executive. (a) The Chief Executive of DeKalb County shall be a citizen of this State, at least 30 years of age and shall have been a resident of DeKalb County for at least five years immediately prior to taking office. The Chief Executive shall be elected by a majority of the electors voting from the county at large. The Chief Executive shall be nominated and elected pursuant to Code Title 34 known as the `Georgia Election Code,' as now or hereafter amended. (b) The first Chief Executive shall be elected as provided in subsection (a) hereof at the general election of 1984, and shall take office on the first day of January, 1985, for a term of four years. Future successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years. Each Chief Executive shall serve until the successor is elected and qualified.

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(c) Any person elected Chief Executive shall not be eligible to serve more than two consecutive full terms of office. In the event a person fills a vacancy in the office of Chief Executive as provided in Section 6 of this Act, such person shall be eligible for election to two full consecutive terms of office as Chief Executive. When a person has served two full consecutive terms of office as Chief Executive, such person shall not again be eligible to hold said office until such person has been out of office as Chief Executive for at least four years. Section 6. Vacancies. (a) Vacancies on the Commission and in the office of Chief Executive occurring by reason of death, resignation, removal from the county or from the district from which elected or for any other reason shall be filled as provided in this Section. (b) In the event a vacancy occurs on the Commission or in the office of Chief Executive when at least 180 days remain in the unexpired term of office, the election superintendent of DeKalb County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill such vacancy for the unexpired term. Such special election shall be held not less than 29 nor more than 45 days after the issuance of the call, and shall be held and conducted in accordance with the provisions of Code Title 34, known as the `Georgia Election Code,' as now or hereafter amended. If the vacancy is in the office of Chief Executive, the Presiding Officer of the Commission shall exercise the powers and duties of the Chief Executive, except as provided in subsection (e) of this Section, for the period beginning on the date the vacancy occurs and ending when the successor Chief Executive takes office for the unexpired term following the special election provided for herein. (c) In the event a vacancy occurs in the office of Chief Executive when less than 180 days remain in the unexpired term of office, the Presiding Officer of the Commission shall exercise the powers and duties of the Chief Executive, except as provided in subsection (e) of this Section, for the unexpired term. (d) In the event a vacancy occurs on the Commission when less than 180 days remain in the unexpired term of office, the remaining members of the Commission, shall appoint a qualified person to fill such vacancy for the unexpired term. Any person appointed by the Commission to fill a vacancy as provided herein shall possess the residency and other qualifications required for the office.

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(e) If the Presiding Officer of the Commission exercises the powers of Chief Executive pursuant to subsections (b) or (c) of this Section, the person serving as Chief Executive in either case shall not be authorized to discharge the Executive Assistant. A Presiding Officer serving as Chief Executive shall not be authorized to vote as a member of the Commission during such service. Section 7. Oath and bond. Before entering upon the discharge of their duties, the Chief Executive and members of the Commission shall subscribe to an oath before the Judge of the Probate Court of DeKalb County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition the Chief Executive shall further give a satisfactory surety bond, as determined by the Judge of the Probate Court of DeKalb County, and payable to the Judge of the Probate Court of DeKalb County and filed in the office of the Judge of the Probate Court of DeKalb County, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each member of the Commission shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid from county funds. Section 8. Compensation. (a) The members of the Commission shall receive the compensation specified for members of the Board of Commissioners of DeKalb County by an Act providing for the compensation of certain officers and officials of DeKalb County, approved March 31, 1976 (Ga. Laws 1976, p. 3986). (b) The Chief Executive shall receive the compensation specified for the Chairman of the Board of Commissioners of DeKalb County by the same Act described in subsection (a) hereof. Section 9. Powers and duties of the Commission. (a) The Commission shall have the power and authority to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules and regulations governing all matters reserved to its jurisdiction by this Act. The Commission shall exercise only those powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions or ordinances, and any power or combination of powers vested in the Commission by this Act shall be subject to the limitations provided in Section 23 of this Act. The following powers are hereby vested in the Commission:

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(1) To levy taxes. (2) To make appropriations. (3) To fix the rates of all other charges. (4) To authorize the incurring of indebtedness. (5) To authorize work to be done where the cost is to be assessed against benefited property and to fix the basis for such assessment. (6) To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law, but the Chief Executive shall have the authority to accept subdivision plats when the requirements established by the Commission for subdivisions have been met. (7) To establish, abolish, or change election precincts and militia districts according to law. (8) To allow the insolvent lists for the county. (9) To authorize the acceptance for the county of the provisions of any optional statute where the statute permits its acceptance by the governing authority of a county. (10) To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality and general welfare of the county and its citizens; provided, however, no planning or zoning ordinance shall become law unless approved by the member of the Commission representing the district in which the subject property is located, or by one of the members of the Commission elected from the county at large. (11) To create and change the boundaries of special taxing districts authorized by law. (12) To fix the bonds of county officers where same are not fixed by statute.

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(13) To enact any ordinances or other legislation the county may be given authority to enact. (14) To determine the priority of capital improvements. (15) To call elections for the voting of bonds. (16) To exercise, together with the Chief Executive Officer, all of the power and authority vested by law in the judge of the probate court when sitting for county purposes. (17) To exercise, together with the Chief Executive Officer, all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this State. (18) To fix, levy and assess license fees, charges or taxes on all persons, firms and corporations engaging in or offering to engage in any trade, business, calling, avocation or profession in the area of DeKalb County, outside the incorporated limits of municipalities situated therein, except businesses which are subject to regulation by the State Public Service Commission, and to classify all such persons, firms and corporations according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees, charges or taxes against different classes of trades, businesses, callings, avocations or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, canceled or suspended after notice and a hearing, in accordance with rules prescribed by the Commission. Said Commission shall be further authorized to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or when such license is revoked or suspended. Payment of said license fees, charges or taxes may be enforced by fi. fas. issued by the Commission and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forfeitures due said county. The Commission shall be authorized, in its discretion, to require any and all persons, firms or corporations licensed pursuant to the authority herein granted to give a

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bond payable to DeKalb County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by the Commission. Such license fees, charges or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county. (19) To adopt rules regulating the operation of the Commission. (b) In addition to the powers enumerated in subsection (a) of this Section, the Commission may adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States, for the governing and policing of the county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of the county and for the implementation and enforcement of the powers and duties of the Commission, within the classes of subjects and areas of regulation enumerated below: (1) To control and regulate the operation of and running of bicycles, automobiles, motorcycles, motor scooters, buses, taxicabs, trucks, wagons and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and public places in said county and outside the corporate limits of municipalities situated therein, whether such vehicles are propelled by hand, foot, animal, steam, electric, gasoline or other motive power; to prescribe and fix speed limits and speed zones for all of the enumerated vehicles; to erect stop and warning signs and signals at dangerous intersections or places, at schools or other public places; to prescribe and establish lanes and directional signs, signals and markings to control the direction or flow of traffic for all such vehicles, including limitation of travel to one direction and including markings, signals and devices to control and regulate the manner of turning at intersections; to regulate and control, as well as to prohibit entirely, the parking, stopping and standing of all such vehicles on or adjacent to such streets and public places; to impound such vehicles involved in violations of traffic ordinances or regulations; to restrict and limit the size and weight of all such vehicles operated on such streets

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and public places; to regulate and establish routes to be followed by trucks and other heavy or slow-moving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely the times, routes and manner of conduct of parades, motorcades and other assemblages of all such vehicles, and public address systems or other noise-making devices on such streets and public places; to regulate and control the manner of operation of all such vehicles along, over and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over and across such streets, ways and public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the authority to require registration of the enumerated vehicles and of their owners and to prescribe standards of mechanical safety for such vehicles and qualifications of operators thereof. To carry out all or any of the foregoing powers, the Commission is hereby authorized to adopt as county ordinances all or such portions of Code Title 68A, known as `The Uniform Rules of the Road,' as to the Commission may seem appropriate and the Recorder's Court of DeKalb County may punish for violations thereof by fines or imprisonment or both not to exceed the limits set forth in said Code Title 68A, or in subsection (c) of this Section or in the ordinance adopting same, and the Commission may adopt such other additional ordinances and regulations, not in conflict with said Code Title 68A and prescribe punishment for violation of same not to exceed the limits set forth in subsection (c) of this Section. (2) To adopt rules and regulations for the promotion of health and quarantine in the unincorporated area of said county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Human Resources or the DeKalb County Board of Health, and to prescribe penalties and punishment for violations thereof. It is not the purpose or intent of this paragraph to interfere with or restrict the operation of the Ellis Health Law or the DeKalb County Board of Health within the unincorporated area of DeKalb County, but to provide for the implementation of same through the ordinances of the Commission,

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and to promote more adequate health and quarantine provisions in said county, and to that end the Commission is authorized to adopt all or any portion of the regulations of said DeKalb County Board of Health, as the same may be amended from time to time, and to prescribe additional regulations not inconsistent therewith, and to prescribe penalties and punishment for violation of any such ordinances and regulations, which penalties and punishments may be enforced and imposed by the Recorder's Court of DeKalb County or other court having jurisdiction over offenses against county ordinances. Said health and quarantine powers shall extend to and embrace the health and quarantine of animals as well as persons. (3) To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens and all other animals, or any one or more kinds of such animals, from running at large in the unincorporated area of said county; to prevent the keeping of any animal or animals or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this paragraph for the public interest. (4) To prescribe penalties and punishment for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air-conditioning regulations) and all other lawful ordinances adopted by the Commission pursuant to this or any other law in force in said county. (5) To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof. (6) To prescribe fire safety regulations 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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(7) To prohibit or regulate and control the erection and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances. (8) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of DeKalb County which, while not constituting an offense against the general laws of this State, is deemed by the Commission to be detrimental and offensive to the peace, good order and dignity of DeKalb County and to the welfare and morals of the citizens thereof. (c) The Commission is hereby authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by the Commission to carry out any of the provisions of this Section or other provisions of this Act or of any other law, and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $500.00, imprisonment in the county jail for 30 days, or labor on the work gang for 60 days for any single offense, or any combination thereof. Section 10. Audits. (a) The Commission shall choose three of its members to serve as an audit committee. The term of members serving as the audit committee and their manner of selection shall be as determined by the Commission. The audit committee shall screen and recommend to the Commission an independent auditing firm to serve as an outside auditor of the county government to make an annual continuous general audit of all county finances and financial records. (b) The outside auditor shall be employed pursuant to written contract to be entered upon the minutes of the Commission, and the contract shall state clearly and concisely the depth and scope of the audit and that it shall be conducted in accordance with the requirements of the Act providing uniform standards for audits of municipalities and counties within the State of Georgia, approved April 21,

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1967 (Ga. Laws 1967, p. 883), as amended, by an Act approved March 28, 1968 (Ga. Laws 1968, p. 464). The auditor shall immediately inform the Commission in writing of any irregularities found in the management of county business by an officer or department of the county government. (c) The outside auditor shall complete the audit within 90 days after December 31 of each year, and, within ten days after its completion, the auditor shall deliver a copy to each commissioner, the Chief Executive and to the grand jury of the DeKalb County superior court then in session. (d) The audit committee may also screen and recommend to the Commission an internal auditor whose function shall be to audit the various departments, offices, and agencies of the county government on a continuing basis. The internal auditor shall be employed by and serve at the pleasure of the Commission. Section 11. Presiding Officer. (a) The Chief Executive Officer may, at such officer's discretion, preside at any regular or specially called meeting of the Commission, but shall have no vote unless the members of the Commission are equally divided. (b) At the first regular meeting in January of each year, the Commission shall elect from its membership a Presiding Officer and a deputy presiding officer. The member serving as Presiding Officer or deputy presiding officer shall retain all rights, powers and duties as a member of the Commission. (c) The Presiding Officer shall preside at meetings of the Commission, in the absence of the Chief Executive Officer, and shall have the following additional duties: (1) To convene such special meetings of the Commission as are deemed necessary, but all members shall be notified at least three days in advance of any such special meeting; (2) To appoint the members and chairmen of such committees of the Commission as the Commission, by its rules, may establish and fill vacancies therein, but any such appointments may be rejected by a majority vote of the total membership of the Commission;

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(3) To compel the attendance of members at meetings of the Commission by subpoena, if necessary, subject to the policy of the Commission as established by its rules; and (4) To exercise such other powers and duties as may be assigned to the Presiding Officer by ordinance or rules and regulations of the Commission. (d) In the event the office of the member serving as Presiding Officer becomes vacant for any reason, or in the event the Presiding Officer is absent for any reason, or in the event the Presiding Officer exercises the powers of the Chief Executive pursuant to subsections (b) or (c) of Section 6 of this Act, then the deputy presiding officer shall exercise the powers and duties of the Presiding Officer during the absence of the Presiding Officer or until a successor Presiding Officer is elected by the Commission at the first regular meeting held during the next succeeding January. Section 12. Meetings. The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the Chief Executive, the Presiding Officer or any four members of the Commission, but all members shall be notified at least three days in advance of any such additional meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. The Presiding Officer and any three members of the Commission, or any four members of the Commission exclusive of the Presiding Officer, shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least four members of the Commission, or three members and the Presiding Officer. The Presiding Officer shall be entitled to the same voting rights as the Commission members on questions considered by the Commission. Section 13. Powers and duties of the Chief Executive. (a) The Chief Executive shall have the exclusive power to supervise, direct and control the administration of the county government. The Chief Executive shall carry out, execute and enforce the ordinances, policies, rules and regulations of the Commission when such ordinances, policies, rules and regulations become effective. Members of the Commission shall deal solely through the Chief Executive or his Executive Assistant in all matters concerning the operation, supervision

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and administration of the various departments, offices, and agencies of the county government. No member of the Commission shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the Chief Executive. (b) Subject to the approval of the Commission, the Chief Executive shall have the power to change, consolidate, or abolish any departments, agencies, or offices over which the Chief Executive exercises supervision and control, except that the department of finance shall be maintained at all times as a separate and distinct department and may not be abolished by the Chief Executive or by the Commission. Subject to the approval of the Commission, the Chief Executive may create other departments, agencies, and offices, which departments, agencies, and offices, when created, shall be under the supervision and control of the Chief Executive. (c) Subject to confirmation by the Commission, the Chief Executive shall appoint the planning director, finance director, merit system director, and county attorney. No member of the Commission or the Commission itself shall be authorized to nominate these officials. Within budgetary limitations, the Chief Executive shall fix the compensation of the officers named in this subsection. All such officers shall serve at the pleasure of the Chief Executive and may also be discharged for cause by the affirmative vote of at least six members of the Commission. (d) Subject to budgetary limitations and DeKalb County Merit System regulations, the Chief Executive shall have exclusive authority to appoint, remove, and fix the compensation of all employees and officials of the county, except employees of the Commission, and except that deputies and employees of the elected county officers of DeKalb County shall be subject to appointment, removal, supervision, and control of the respective elective county officers. The appointment, removal and compensation of persons filling offices and positions created by State statutes, when not otherwise prescribed by such statutes, shall be made and fixed by the Chief Executive within budgetary limitations. (e) The Chief Executive may convene special meetings of the Commission when deemed necessary, but all members shall be notified at least three days in advance of any such special meeting.

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(f) The Chief Executive may compel the attendance of members at meetings of the Commission by subpoena, when deemed necessary, subject to the policy of the Commission as established by its rules. (g) The Chief Executive shall have power to investigate the affairs, records and expenditures of the various authorities, boards, councils, commissions, committees, and similar bodies or agencies, whether created by ordinance of the Commission or by Acts of the General Assembly, relating to the affairs of the county and to report thereon to the Commission. (h) The Chief Executive shall represent the county in inter-governmental matters and shall seek to promote and improve the government of the county and encourage the growth of the county and promote and develop the prosperity and well-being of the citizens of the county. (i) The Chief Executive, within 120 days after the close of each fiscal year, shall prepare and submit to the Commission a complete annual report on the financial affairs and activities of the county for the immediately preceding fiscal year. The annual report shall show all income from all sources, including State, county, and federal funds, and all expenditures. The Chief Executive shall cause a summary of said annual report to be published in the official organ of DeKalb County. Said published summary shall state that a copy of the full report is available from the office of the Chief Executive. The Chief Executive shall also send copies of the full report to each branch of the county library. The Chief Executive shall also make financial reports during the year as may be required by the Commission. (j) The Chief Executive may recommend, at any time, to the Commission for its formal consideration such measures or proposals as are deemed necessary or desirable to improve the administration of the affairs of the county. (k) The Chief Executive shall devote full time to the duties of the office and shall have no other source of employment. (l) The Chief Executive shall issue calls for agenda items and shall prepare and publish a listing of those items and the same shall serve as the agenda for the Commission unless superseded by the Commission.

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Section 14. Executive Assistant; administrators. (a) Subject to the qualifications for said office as hereinafter provided in this Section, the Chief Executive shall have exclusive power to appoint, remove from office, and, within budgetary limitations, fix the compensation of an Executive Assistant. (b) The Executive Assistant shall be the chief administrative aide to the Chief Executive and shall be responsible to the Chief Executive for the proper administration of the affairs of the county. When directed to do so by the Chief Executive, the Executive Assistant may exercise any of the administrative duties and powers vested in the Chief Executive by law or by ordinances, rules and regulations adopted by the Commission. (c) The Executive Assistant shall hold a college degree in public administration, political science, urban affairs, business administration, engineering, or a related field and must have at least five years of experience in a supervisory capacity as an employee, director, administrator, or manager of a city or county government or a state or federal agency or equivalent experience in the private sector or any combination thereof. (d) No person shall be appointed or hold office as Executive Assistant to the Chief Executive if such person, within two years immediately preceding appointment, has: (1) Been a candidate for elective public office; (2) Been the holder of elective public office; or (3) Held a management position in the political campaign of any candidate for the office of Chief Executive, or any member of the Board of Commissioners of DeKalb County. (e) After appointment, the Executive Assistant shall not take part in the management of any political campaign for any elective public office or hold office in any political party or body. If the Executive Assistant participates in political activities in violation of this subsection, such participation, by operation of law, shall result in the immediate discharge of the Executive Assistant, and the office of Executive Assistant shall be vacant.

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(f) The Chief Executive shall also have exclusive power to appoint, remove from office and, within budgetary limitations, fix the compensation of two administrators to assist the Executive Assistant in such manner as the Chief Executive shall direct. Section 15. Veto power of Chief Executive. (a) Every ordinance or resolution adopted by the Commission shall be signed by the Presiding Officer of the Commission or, in the absence of the Presiding Officer, the deputy presiding officer shall sign the ordinance or resolution. Such ordinance or resolution shall be certified by the clerk of the Commission and presented by said clerk to the office of the Chief Executive within two business days following its adoption by the Commission. The Chief Executive shall approve or veto the ordinance or resolution within eight business days after its adoption by the Commission, and, except as hereinafter provided, no ordinance or resolution shall become effective without the approval of the Chief Executive. (b) If the Chief Executive vetoes an ordinance or resolution, the Chief Executive shall return it to the Commission within two business days after such veto along with a written statement of the reasons for the veto. If, at the meeting of the Commission next held after receiving the vetoed ordinance or resolution, the Commission shall again pass the ordinance or resolution by a two-thirds' vote of its total membership, such ordinance or resolution shall become effective without the approval of the Chief Executive. If the Chief Executive does not approve or veto an ordinance or resolution within eight business days after its adoption by the Commission, it shall become effective without the Chief Executive's approval. (c) The Chief Executive may veto any item or items of any ordinance or resolution making appropriations, and the part or parts vetoed shall not become effective, except as provided by subsection (b) of this Section with respect to other ordinances or resolutions. Any part of an ordinance or resolution making appropriations not vetoed by the Chief Executive shall become effective. (d) Nothing in this Section shall authorize the Chief Executive to exercise a veto over any zoning ordinance adopted by the Commission pursuant to its authority under paragraph (10) of subsection (a) of Section 9 of this Act, nor over any rule adopted by the Commission pursuant to its authority under paragraph (19) of subsection (a) of Section 9 of this Act.

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Section 16. Comprehensive Development Plan. (a) The Chief Executive shall from time to time present to the Commission a Comprehensive Development Plan which shall: (1) Consider the economic and social aspects of the county; (2) Set forth the comprehensive development goals, policies and objectives of the county, its specific geographic areas, communities and neighborhoods and the citizens thereof; and (3) In conformity with such development goals, policies and objectives, identify parks, recreation facilities, sites for public buildings and structures, utilities, transportation systems and facilities, housing, community facilities, manufacturing and industrial sites, future land use for all classifications and such other elements, features and policies as will promote the improvement of the county. (b) In preparing or revising the Comprehensive Development Plan, the Chief Executive shall seek the views and opinions of citizens of the county and shall establish and publicize formal procedures to obtain such views and opinions. Section 17. Budgeting; control of expenditures. (a) The Chief Executive shall submit to the board not later than August 15 of each year a revenue estimate for the following year, which shall not exceed ninety-nine percent of the previous year's total revenue. (b) The Chief Executive shall submit to the board not later than October 15 of each year a proposed budget governing the expenditures of all funds expected to be available to the county for the following calendar year and shall include proposed expenditures for capital outlay and public works projects. The Chief Executive shall submit to the Commission at the time the proposed budget is submitted a report containing information relating to the financial affairs of the county which is relevant to establishing the annual budget. (c) At the time the proposed budget is submitted to the Commission, the Chief Executive shall cause to be published in the official organ of DeKalb County a copy of the proposed budget along with a notice to the public that a public hearing will be held on the proposed budget at a time and place certain, and the time shall not be less than ten days after the date of publication of the notice. It shall be the

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duty of the Commission to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The Commission shall review the proposed budget at such public hearing and may adopt the same as submitted by the Chief Executive or make such amendments thereto as the Commission may deem necessary to maintain the county in sound financial condition. The Commission may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The Commission shall adopt the proposed budget as submitted or as amended by the Commission as the budget for the county for the following calendar year by not later than December 15. (d) The final budget adopted by the Commission shall constitute the Commission's appropriations of all funds for the calendar year covered by the budget. The budget may be amended during the calendar year which it covers upon the Commission taking formal action for such purpose at a regular meeting of the Commission. Prior to taking such action, the Commission shall cause to be published in the official organ of DeKalb County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the Commission at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations shall be made without provision also being made to finance such increase. (e) A copy of the final budget adopted by the Commission and any amendment to or revision of the budget shall be transmitted by the Chief Executive to the grand jury of the superior court of DeKalb County then in session. (f) No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the Commission. The Chief Executive shall enforce compliance with this requirement by all departments, offices or agencies of the county government, including elected county officers, and to this end shall institute, through the department of finance, a system of quarterly allotments of all monies appropriated and budgeted. Section 18. Purchases; contracts. (a) The Chief Executive shall establish rules to regulate purchasing for all county departments, offices, and agencies of the county government. Except as hereinafter

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provided, formal sealed bids, after notice of same has been published one time in the official organ of DeKalb County, must be obtained on all purchases exceeding $7,500.00. Purchases exceeding $7,500.00 may be made without formal sealed bids from any vendor who, at the time of purchase, has an existing contract or schedule with the State of Georgia or the federal government if the purchase is made pursuant to the price, terms, and conditions of said contract and if the county receives all the benefits of such contract. (b) Except for contracts of employment, the Commission shall authorize all contracts involving the expenditure of county funds in excess of $12,500.00. (c) The dollar limitations specified in subsections (a) and (b) above may be increased by ordinance of the Commission, but except for increasing such limitations, the provision of said subsections shall not be changed by the Commission. Section 19. Department of finance. (a) The department of finance is hereby established as a permanent administrative unit of the county government. The department shall be under the control and supervision of the director of finance. The department of finance shall perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the county. (2) Compile the annual budget covering all county funds. (3) Make quarterly allotments of monies appropriated and budget to each department, office or agency of the county entitled to receive same. (4) Maintain current control accounts over the collection and deposit of monies due the county from taxes and other sources. (5) Examine all claims against the county and make recommendation as to payment. (6) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of appropriations.

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(7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (8) Prepare and issue quarterly financial reports of the operations of all county funds. (9) Maintain property control records of all county property, including equipment and stores, and supervise stores. (10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend means of financing those requirements and advise the Chief Executive and the Commission on financial matters. (11) Perform such other duties as may be assigned by the Chief Executive. (b) The director of finance shall certify to the Chief Executive and to the Commission on March 31, June 30, September 30 and December 31 of each year a statement of county finances which shall reflect the overall county financial position by individual funds as well as a comparison of cash revenue collections by source with the budget estimates of cash revenues by source and also a comparison of departmental expenditures with budget appropriations. The Chief Executive shall cause the June 30 and December 31 statements to be published in the official organ of DeKalb County one time and a copy posted on the county courthouse bulletin board within 30 days of each date. (c) Except as hereinafter provided, the provisions of this Section are advisory only, and the Chief Executive, subject to the approval of the Commission, may provide for the organization or reorganization of the department of finance and may specify and provide for the powers and duties of the director of finance and other personnel of the department of finance in such manner as may be necessary or desirable for the efficient and effective operation of the department of finance. The department of finance and the office of director of finance shall not be abolished by the Chief Executive or the Commission. Section 20. Records; minutes. The director of finance shall be ex officio clerk of the Chief Executive and the Commission and shall keep a proper and accurate book of minutes wherein shall appear all

Page 4327

the acts, orders and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the Chief Executive. The minute books of the Chief Executive and the Commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the Commission in an amount sufficient to defray the cost of preparing same. Section 21. Agreements of candidates. It shall be unlawful for any candidate, either for the office of Chief Executive or for membership on the Commission, or for nomination to either of such offices, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the Chief Executive or the Commission, and any person so offending shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 22. Officials not to be interested in contracts. Neither the Chief Executive nor any member of the Commission or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contract to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant, or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods or services. Any contract made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of Section 23-1714 of the Code of Georgia of 1933. Provided, however, that the provisions of this Section shall not be applicable to any contract which has been approved, prior to execution, performance and payment thereon, by a majority of the Commission by a proper entry on the minutes of the Commission. Section 23. How sections amended, limitations on powers. (a) Pursuant to the authority of an amendment to the Constitution ratified at the 1978 general election as set forth in Georgia Laws 1978, pages 2370-2372, which amendment authorized the General Assembly

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to provide by law for the form of government of DeKalb County and to provide for the various officers, bodies, branches, or agencies by or through which the county's governmental powers shall be exercised, it is the purpose of this Section to specify the exclusive method by which the various provisions of this Act may hereafter be amended and to limit the powers of the Commission in connection therewith. The exclusive method of amendment of the various provisions of this Act shall be as follows: (1) Sections 1, 3, 4, 5, 6, 11, 13, 14, 15, 16, and 23 of this Act and subsections (a) and (c) of Section 2 of this Act and subsection (a) of Section 9 of this Act may be amended only by Acts of the General Assembly, and any such Act shall be conditioned for its effectiveness on the approval of a majority of the qualified electors of DeKalb County voting at an election held for such purpose. (2) Section 19 of this Act may be amended only by Acts of the General Assembly, except as otherwise provided by said Section 19, and any such Act shall be conditioned for its effectiveness on the approval of a majority of the qualified electors of DeKalb County voting at an election held for such purpose. (3) Subsection (b) of Section 2 of this Act, Sections 7, 8, 21, and 22 of this Act, and subsection (c) of Section 9 of this Act may be amended only by Acts of the General Assembly. (4) Section 18 of this Act may be amended only by Acts of the General Assembly, except as otherwise provided by said Section 18. (5) Subsection (b) of Section 9 of this Act and Sections 10, 12, 17, and 20 of this Act may be amended only by the Commission pursuant to the authority and requirements of Article IX, Section II, of the Constitution of Georgia of 1976. (b) No power or combination of powers vested in the Commission by Section 9 or any other provision of this Act may be exercised in any manner to amend, change, supersede, or repeal, directly or indirectly, any powers vested in the Chief Executive by this Act. Section 2. Referendum. It shall be the duty of the election superintendent of DeKalb County to issue the call for an election for the purpose of submitting this Act to the electors of DeKalb County

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for approval or rejection. The superintendent shall set the date of such election for the same date as the date of the general primary election of 1982. 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 written or printed thereon the words: [] YES [] NO Shall the Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb 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 at the time and subject to the limitations provided in Section 3 of this Act, but otherwise it shall be void and of no force and effect. The expense of such election shall be borne by DeKalb County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 3. Effective dates. If this Act is approved at the referendum provided by Section 2 above, it shall become effective as follows: (1) The provisions of this Act necessary to have members of the governing authority of DeKalb County elected pursuant to this Act shall be effective for the purpose of nominating and electing such members at the 1984 general election. (2) For all other purposes, this Act shall become effective on January 1, 1985. Section 4. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged

Page 4330

invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. Conflicting laws repealed. 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 1981 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, 1956 (Ga. Laws 1956, p. 3237) as amended, and for other purposes. Robert H. Bell Senator, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert H. Bell who, on oath, deposes and says that he/she is 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: January 1, 8, 15, 1981. /s/ Robert H. Bell Senator, 5th District

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Sworn to and subscribed before me, this 6th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. GLYNN COUNTYCOUNTY SCHOOL SUPERINTENDENT. No. 646 (Senate Bill No. 330). AN ACT To amend an Act entitled An Act to consolidate and amend `An Act to regulate public instruction in the county of Glynn,' approved February 21st, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. Laws 1914, p. 275), as amended, so as to provide that the board of education for Glynn County shall elect and contract with a county superintendent of schools for such period of time as is determined by said board; to provide certain powers, privileges, and immunities to 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 entitled An Act to consolidate and amend `An Act to regulate public instruction in the county of Glynn,'

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approved February 21st, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. Laws 1914, p. 275), as amended, is hereby amended by striking the first three sentences of Section 6, which read as follows: Be it further enacted, That the said board of education shall elect a county superintendent of schools, whose term of office shall begin on the 1st day of August. The term of office shall be for one (1) year. However, in the event the same person is again elected to succeed himself then his second term shall be for two (2) years, and in the event he is again elected to succeed himself then his following terms shall be for four (4) years each., and inserting in their place the following: Be it further enacted, That the said board of education shall elect and contract with a county superintendent of schools for such period of time as is determined by the board., so that when so amended said section shall read as follows: Sec. 6. Be it further enacted, That the said board of education shall elect and contract with a county superintendent of schools for such period of time as is determined by the board. No person shall be eligible to said office until he has had a bona fide experience of three (3) years as a school teacher or school superintendent. He shall be charged with the management and control of the public schools of Glynn County under the rules and regulations, as prescribed by the board. He shall assign principals and teachers to such schools and grades as he deems best, subject, however, to change by the board of education. By authority of his office as county superintendent of schools, he shall be secretary of the board, and it shall be his duty to be present at the meetings of the board and to record in a book provided for the purpose, all their official proceedings, which shall be a public record open to the inspection of any person interested therein. He shall also provide a blank book, in which he shall keep the minutes of his own official proceedings. He shall deliver to his successor in office said records and all the books, papers and property appertaining to his office. He shall report annually to the State Superintendent of Schools such information as may be required by the said State Superintendent. He shall constitute the medium of communication between the State Superintendent of Schools and the subordinate school officers, and also between the State Superintendent

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of Schools and the schools. He shall visit every school in the county at least once in sixty (60) days for the purpose of increasing their usefulness, elevating as far as practicable the poorer to the standard of the best, endeavoring to promote uniformity in the organization and management, and to secure their obedience to the school laws and regulations of the board. He shall have the power, and it shall be his duty, to revoke any teacher's license granted by him or his predecessor when such teacher shall prove incompetent, or be guilty of immorality, cruelty or general neglect of his or her duties. This revocation of license shall terminate the connection of the teacher with any school which he or she may have been elected to teach, but the teacher so dismissed shall have the right to appeal to the board, whose decision shall be final. He shall have the power, and it shall be his duty, to refuse to admit, or to suspend or expel, any child or children from any of the schools if at any time it would, in his judgment, be detrimental to the moral and general welfare of the other pupils therein to allow them to enter, or permit them to remain in school; provided, however, the parent or guardian of the child may appeal to the board, whose decision shall be final. He shall perform such other duties as may be prescribed by the board. The county superintendent of schools shall receive for his services such compensation as the board of education may prescribe, to be paid out of the school funds in such manner as other bills. The county superintendent of schools shall be ex-officio superintendent of the schools within the city of Brunswick. Section 2. Said Act is further amended by adding a new Section 2.1 to read as follows: Section 2.1. Notwithstanding any other provisions of law, said board of education shall have such powers, privileges, and immunities, including sovereign immunity, as are now or may hereafter be enjoyed by county boards of education subject to the Constitution of Georgia. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia an Act to amend an Act regulating public instruction in Glynn County, approved February 21, 1873, (Ga. Laws 1873, p. 256), as amended, and for other purposes. This 16th day of December, 1980. /s/ Bill Littlefield Senator, 6th District Bishop and Taylor Attorneys for the Glynn County Board of Education 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: December 20, 27, 1980 and January 3, 1981. /s/ Bill Littlefield Senator, 6th District

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Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 9, 1981. BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITYPROJECTS. No. 647 (Senate Bill No. 331). AN ACT To amend an Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. Laws 1963, p. 2826), as amended by an Act approved March 30, 1965 (Ga. Laws 1965, p. 2928), which Act was enacted pursuant to an amendment to the Constitution set out at Ga. Laws 1962, p. 810, so as to define the word project to include certain hotel and motel facilities; to grant to the authority the powers granted to other authorities by the Development Authorities Law; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. Laws 1963, p. 2826), as amended by an Act approved March 30, 1965 (Ga. Laws 1965, p. 2928), which Act was enacted pursuant to an amendment to the Constitution set out at Ga. Laws 1962, p. 810, is hereby amended by designating the existing text of subsection (b) of Section 3 as paragraph (1) and adding a new paragraph (2) of subsection (b) of Section 3 to read as follows:

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(2) The word `project' shall also include the acquisition, construction, improvement, modification, expansion, modernization, equipping, or remodeling of any property, real or personal, which shall be used as or in connection with a hotel or motel that provides food and lodging for transient guests with not less than 80 guest rooms available for overnight accommodations, which is hereby declared to be a project of sufficient magnitude to result in a substantial increase in employment, to confer significant economic benefit upon the geographical area served by the authority, and to promote the public good and welfare of the County of Glynn and the City of Brunswick and their inhabitants. Section 2. Said Act is further amended by adding a new Section 6.1 to read as follows: Section 6.1. The powers and authority prescribed and provided to the Brunswick and Glynn County Development Authority by this Act are hereby supplemented, enlarged, and extended to include all powers and authority granted pursuant to the `Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as heretofore and as the same may be hereafter amended, to authorities created and activated thereunder, as though said Brunswick and Glynn County Development Authority had been created and activated pursuant to said `Development Authorities Law.' Without limiting the foregoing, it is hereby prescribed and provided, as follows: (1) The word `project' as defined in subsection (b) of Section 3 of this Act shall also be deemed to mean and include any `project' heretofore or hereafter authorized as a permitted undertaking pursuant to the `Development Authorities Law.' (2) The term `cost of project' as defined in Section 3(c) of this Act shall also embrace all costs heretofore or hereafter permitted to be included as a `cost of project' under the `Development Authorities Law.' (3) In addition to obligations of any kind or character which the Brunswick and Glynn County Development Authority is authorized to issue pursuant to this Act, said Authority is hereby additionally authorized to issue any obligations now or hereafter authorized to be issued by authorities created by the `Development Authorities Law,' and such additional obligations hereby

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authorized to be issued shall be authorized, issued, validated, and delivered in the manner and pursuant to the procedures as set forth in the `Development Authorities Law,' as heretofore or hereafter amended. (4) It is the purpose of the General Assembly that the Brunswick and Glynn County Development Authority have and retain all powers set forth in this Act and that those powers be fully supplemented, enlarged, and extended so as to permit said Authority to conduct its business and perform its public purposes as fully and completely as though it were also an `authority' created by and activated pursuant to the `Development Authorities Law,' as now enacted and as the same may hereafter be amended. Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of the State of Georgia (Ga. Laws 1963, p. 2826 et seq.) implementing certain provisions of an amendment to the Constitution of Georgia creating the Brunswick and Glynn County Development Authority, ratified November 6, 1962 (Ga. Laws 1962, p. 810 et seq.), so as to supplement, enlarge and extend the powers and authority prescribed and provided to the

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Brunswick and Glynn County Development Authority by including all powers now or hereafter granted by the Development Authorities Law (Ga. Laws 1969, p. 137 et seq.) to authorities created thereunder, and by further defining the term project to include undertakings for hotel and motel facilities; to provide for severability; to provide an effective date; and for other purposes. This 14 day of January, 1981. Richard W. Littlefield,Jr. Senator, 6th District James R. Tuten Representative, 153rd Dean Auten Representative, 154th Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: January 15, 22, 29, 1981. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 9, 1981.

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GLYNN COUNTYACT PLACING CLERK OF SUPERIOR COURT AND JUDGE OF PROBATE COURT ON SALARY BASIS AMENDED. No. 650 (Senate Bill No. 360). AN ACT To amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3199), as amended, so as to change the compensation of said clerk and judge and of the judge's and clerk's 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 and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3199), as amended, is hereby amended by striking Section 2 and inserting in its place a new section to read as follows: Section 2. The clerk of superior court shall receive an annual salary of $25,500.00, payable in equal monthly installments from Glynn County funds. Section 2. Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The judge of the probate court shall receive an annual salary of $25,500.00, payable in equal monthly installments from the funds of Glynn County. Section 3. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 5 of said Act and substituting in lieu thereof the following:

Page 4340

(2) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts: chief deputy $12,840.00 to $16,050.00 9 deputy clerks $ 7,062.00 to $10,914.00 Section 4. Said Act is further amended by striking subsection (b) of Section 5 of said Act and substituting in lieu thereof the following: (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 $24,800.00 annually. Such salaries shall be paid in equal monthly installments from the funds of Glynn County. 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 1981 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 22nd day of December 1980. Bill Littlefield Senator, 6th District James R. Tuten, Jr. Representative, 153rd District
Page 4341

Dean Auten Representative, 154th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: December 24, 31, 1980 and January 7, 1981. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 9, 1981.

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GILMER COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 653 (Senate Bill No. 374). AN ACT To amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, approved February 28, 1966 (Ga. Laws 1966, p. 2480), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4040), so as to change the provisions relating to the sheriff's deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Gilmer County on a salary in lieu of fees, approved February 28, 1966 (Ga. Laws 1966, p. 2480), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4040), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. The sheriff of Gilmer County shall have the authority to appoint five deputies and to fix the compensation of each such deputy in an amount not less than $700.00 or more than $1,000.00 per month. The compensation of all such deputies shall be payable from the funds of Gilmer County. The governing authority of Gilmer County shall furnish uniforms for the sheriff and deputies, but the deputies shall be responsible for furnishing their own handguns. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace any such deputy at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, approved February 28, 1966 (Ga. Laws 1966, p. 2480), as amended; and for other purposes. This 12th day of January, 1981. 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 Times-Courier which is the official organ of Gilmer County, on the following dates: January 15, 22, 29, 1981. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 9, 1981.

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GILMER COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT AND DEPUTY CLERK. No. 654 (Senate Bill No. 373). AN ACT To amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Gilmer County and providing a salary for said officer, approved April 17, 1975 (Ga. Laws 1975, p. 4386), as amended by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4438), so as to change the provisions relating to the compensation of the clerk and the deputy clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the clerk of the Superior Court of Gilmer County and providing a salary for said officer, approved April 17, 1975 (Ga. Laws 1975, p. 4386), as amended by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4438), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. The clerk of the superior court shall receive an annual salary of $16,200.00 payable in equal monthly installments from the funds of Gilmer County. Section 2. Said Act is further amended by striking from Section 4 the following: $6,800.00, and inserting in lieu thereof the following: $8,500.00, so that when so amended Section 4 shall read as follows: Section 4. The Clerk of the Superior Court shall have the authority to appoint a deputy clerk who shall receive an annual salary not exceeding $8,500.00, payable in equal monthly installments from county funds. The Clerk of the Superior Court shall be authorized to

Page 4345

fix the compensation of such deputy clerk within the limitation herein provided. It shall be within the sole power and authority of the Clerk of the Superior Court, during his term of office, to designate and name the person who shall be employed as such deputy clerk and to prescribe his duties and assignments, and to remove or replace the deputy clerk at will and within his sole discretion. Section 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 1981 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensation of the Clerk of the Superior Court of Gilmer County and providing a salary for said officer and Deputy Clerk, approved April 17, 1975 (Ga. Laws 1975, p. 4386), as amended; and for other purposes. This 13th day of January, 1981. 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 Times-Courier which is the official organ of Gilmer County, on the following dates: January 15, 22, 29, 1981. /s/ John C. Foster Senator, 50th District

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Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. McINTOSH COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 666 (Senate Bill No. 424). AN ACT To amend an Act creating the Small Claims Court of McIntosh County, approved April 11, 1979 (Ga. Laws 1979, p. 4431), so as to change the amount of the jurisdiction of said court; to change the provisions relating to commencement of actions and service; to change the provisions relating to costs; to change the provisions relating to appeals; 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 McIntosh County, approved April 11, 1979 (Ga. Laws 1979, p. 4431), is hereby amended by striking from Section 1 the following: $1,500.00, and inserting in lieu thereof the following: $2,500.00,

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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 McIntosh County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking subsections (b) through (g) of Section 6 in their entirety and substituting in lieu thereof new subsections (b) through (f) to read as follows: (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 30 days from the date of the service of said notice.

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Section 3. 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. (a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule set forth in subsection (b) of this section, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. (b) The sum to be deposited by the plaintiff with the court shall be as follows: When the amount of the claim is: The deposit shall be: Up to $500 $ 10.00 Over $500 but not over $1,000 15.00 Over $1,000 but not over $1,500 20.00 Over $1,500 but not over $2,000 25.00 Over $2,000 30.00 (c) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 4. Said Act is further amended by striking Section 16 in its entirety and substituting in lieu thereof a new Section 16 to read as follows: Section 16. Appeals may be had from judgments returned in the small claims court to the superior court and the same provisions now

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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 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of McIntosh County, approved April 11, 1979 (Ga. Laws 1979, p. 4431); and for other purposes. This 20th day of January, 1981. R. D. Gardner 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 Darien News which is the official organ of McIntosh County, on the following dates: January 29, February 5, 12, 1981. /s/ Glenn E. Bryant Senator, 3rd District

Page 4350

Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY ACT AMENDED. No. 667 (Senate Bill No. 436). AN ACT To amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. Laws 1980, p. 4091), so as to provide for the creation of the Authority; to state the general purpose of the Authority and to provide for perpetual existence of the Authority; to change and restate provisions relative to the issuance of revenue bonds; 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 Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. Laws 1980, p. 4091), is hereby amended by striking Section 2 thereof in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) There is hereby created a body corporate and politic to be known as the Cobb-Marietta Coliseum and Exhibit Hall Authority, and which shall be deemed to be a political subdivision of

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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) 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 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; 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 of such types of undertakings. Section 2. Said Act is further amended by inserting at the end of subsection (j) of Section 3 a new sentence to read as follows: The Authority shall have perpetual existence. Section 3. Said Act is further amended by striking Section 7 to 18, inclusive, in their entirety and inserting in lieu thereof new Sections 7 to 28, inclusive, to read as follows: Section 7. 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

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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 from date at such rate or rates per annum payable at such time or times as shall be determined by the Authority, 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 bonds. Section 8. 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. Section 9. Same; Signatures; Seal - The bonds shall be signed by the chairman of the Authority manually or by use of the facsimile signature of the chairman and the official seal of the Authority shall be affixed thereto and attested by the secretary-treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary-treasurer 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. 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. Section 10. Same; Negotiability; Exemption from Taxation - All revenue bonds issued under the provisions of this Act shall have and

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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 such bonds and the interest thereon shall be exempt from all taxation within the State. Section 11. 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 interests 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 12. 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, which interim receipts and certificates or temporary bonds shall be exchanged, redeemed, paid or otherwise discharged upon the issuance of the definitive bonds. Section 13. 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 14. 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 15. 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, County of Cobb or the City of Marietta nor a pledge of the faith and credit of said State, County, or City, 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, County or City to levy or to

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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 16. 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 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 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 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 or resolution 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 or resolution may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 17. Same; To Whom Proceeds of Bonds Shall Be Paid - The Authority shall, in the resolution providing for the issuance of

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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 18. 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 indenture 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, (4) any premium upon bonds acquired by redemption, payment or otherwise, and (5) any investment fees or charges. 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 cancelled and shall not be reissued, printed and delivered. Section 19. 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

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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 20. 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 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 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 Cobb 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 - Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the project 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 Authority.

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Section 23. 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 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 24. Moneys Received Considered Trust Funds - All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, interim receipts and certificates or temporary bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act and in accordance with the proceedings authorizing the issuance of such bonds. Section 25. 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 nor lesses of the Authority and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Section 26. Rates, Charges and Revenues; Use - The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and

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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 land 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 land and facilities. Section 27. 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 28. Tort Immunity - The Authority shall have the same immunity and exemption from liability for torts and negligence as Cobb County and the City of Marietta; 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 Cobb County and the City of Marietta when in the performance of their public duties or work. Section 4. Said Act is further amended to renumber Section 19, 20, 21, 22 and 23 as Sections 29, 30, 31, 32 and 33, respectively. 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.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1981 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 9th day of Jan., 1981. Joe Mack Wilson Representative, District 19, Post 1 Roy Barnes Senator, 33rd District 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 Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ Roy E. Barnes Senator, 33rd District

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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. STATE COURT OF COBB COUNTYCRIMINAL JURISDICTION OF JUSTICES OF THE PEACE. No. 668 (Senate Bill No. 438). AN ACT To amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. Laws 1964, Regular Session, p. 3211), as amended, so as to provide that justices of the peace of Cobb County shall have criminal jurisdiction throughout the entire county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. Laws 1964, Regular Session, p. 3211), as amended, is hereby amended by designating the existing text of Section 28 as subsection (a) and by adding a new subsection (b) to read as follows: (b) Notwithstanding the provisions of subsection (a) of this section, the several Cobb County justices of the peace and notaries public ex officio justices of the peace not abolished by this Act shall

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have criminal jurisdiction throughout Cobb County, including without limitation that area of Cobb County within the corporate limits of Marietta, as is provided in Code Section 24-1502. Section 2. This Act is intended to be declaratory of existing law, and the passage of this Act shall not be construed to imply that the law was otherwise prior to its passage. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes

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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 30, February 6, 13, 1981. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. COMPENSATION OF BOARDS OF EDUCATION IN CERTAIN COUNTIES (550,000 or more) (600,000 or more). No. 669 (Senate Bill No. 441). AN ACT To amend an Act providing for the salary and expenses of members of the board of education and the president of such board in counties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, approved March 16, 1978 (Ga. Laws 1978, p. 3929), so as to change the population requirement of said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the salary and expenses of members of the board of education and the president of such board in counties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, approved March 16, 1978 (Ga. Laws 1978, p. 3929), is hereby amended by striking from Section 1 the following: 600,000, and inserting in lieu thereof the following: 550,000, so that when so amended Section 1 shall read as follows: Section 1. Members of the county board of education in counties of this State having a population of 550,000 or more according to the United States Decennial Census of 1970 or any future such census may be paid a salary of $200.00 per month each, and the president of the board of education in any such county may be paid a salary of $300.00 per month. All such members and said president may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. The salaries and expenses provided for herein may be paid from any funds available to any such county board of education. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.

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DeKALB COUNTYBOARD OF EDUCATION. No. 671 (Senate Bill No. 447). AN ACT To amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3586), so as to change the provisions relative to school board districts; to change the provisions relative to the election of members of said board of education; to provide for all 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 in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3586), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) There is hereby created in DeKalb County a board of education of seven members, and for the purpose of electing said members, there shall be six school board districts as follows: School Board District No. 1 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 1 DeKalb Tracts 211, 212.02, 212.03, 212.04, 212.05, 212.06, 212.07, 213.01, 213.02, 213.03, 213.04, 214.02, and 214.03. School Board District No. 2 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows:

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District No. 2 DeKalb Tracts 214.01, 214.04, 215, 216.01, 216.02, 216.03, 217.01, 217.02, 221, 222, 223.01, 223.02, 224.01, 224.02, and 224.03. School Board District No. 3 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 3 DeKalb Tracts 218.02, 218.03, 218.04, 219.01, 219.02, 220.01, 220.02, 220.03, part of 231.04, ED's 849, 850, 851, 853, 854, 855, and 856. School Board District No. 4 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 4 DeKalb Tracts 219.03, 232.01, 232.02, 232.03, 233.01, 233.02, 233.03, 233.04, 234.04, 234.05, 234.06, 234.07, and part of 235.03, ED's 898, 900, and 901.

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School Board District No. 5 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 5 DeKalb Tracts 229, 230, 231.01, 231.02, 231.03, and part of 231.04, ED's 854, 855, 856, 858, and 859. Tracts 235.01, 235.02, and part of 235.03, ED's 896, 897, 899, and 902. Tracts 234.03, 236, 237, 238.01, 238.02, and 238.03. School Board District No. 6 shall consist of the entire portion of DeKalb County lying outside the corporate limits of the Cities of Atlanta and Decatur and there shall be two posts for said district to be designated Posts 1 and 2. A member shall be elected from each of said posts. (b) For the purposes of subsection (a) of this section, the word `Tract' shall mean `Census Tract,' and the designation `ED' shall mean `Enumeration District.' The terms `Census Tract' 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 1980 for the State of Georgia. (c) Any portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur which is not included in School Board Districts 1, 2, 3, 4, or 5 described in subsection (a) of this section shall be included within School Board Districts 1, 2, 3, 4, or 5 contiguous to such portion which contains the least population

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according to the United States decennial census of 1980 for the State of Georgia. Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The members of the board of education of DeKalb County serving at the time this Act becomes effective shall continue to serve out the terms of office to which they were elected. Their successors shall be elected as provided for by subsections (b) and (c) of this section, and they shall take office and serve for the term of office as provided for therein. (b) The members of the board of education first elected, as hereinafter provided, from School Board Districts 1, 3, and 5, and Post 1 of School Board District 6 shall be the successors to the incumbent members from the heretofore existing School Board Districts 1, 4, 6, and 7, respectively. The first such members shall be elected at the general election held in 1982 and shall take office on the first day of January, 1983, for terms of four years and until their successors are elected and qualified. Thereafter, future successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (c) The members of the board of education first elected, as hereinafter provided, from School Board Districts 2 and 4 and Post 2 of School Board District 6 shall be the successors to the incumbent members from the heretofore existing School Board Districts 2, 3, and 5, respectively. The first such members shall be elected at the general election held in 1984 and shall take office on the first day of January, 1985, for terms of four years and until their successors are elected and qualified. Thereafter, future successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 3. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:

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Section 3. Members of the board of education provided for herein shall be nominated and elected in accordance with the provisions of Code Title 34, known as the `Georgia Election Code,' as now or hereafter amended. Section 4. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The board of education established herein shall consist of a member from each of the school board districts and posts created by Section 1 of this Act. Each member of the board of education shall be elected by the qualified voters of DeKalb County residing within the respective school board district. Each candidate for membership on said board shall have been a resident of the school board district which the candidate offers to represent for at least one year as of the date of taking office. Any member of said board shall immediately be disqualified to continue serving as a member of said board if such member ceases to be a resident of the member's respective school board district or if the member qualifies as a candidate for any other federal, state, or county elective office. A candidate for election to said board shall designate the school board district and the post, when applicable, for which the candidate is offering for election. 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 1981 session of the General Assembly of Georgia, a bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended; and for other purposes. This 16th day of February, 1981.

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Thomas Scott Senator, 43rd District State of Georgia County of DeKalb. 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 Local Legislation-Board of Education, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26, 5th day of Feb., March, 1981. Gerald W. Crane, Co-publisher (by) Linda L. Orr, Agent Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Samme Johnson Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1982. (Seal). Approved April 9, 1981.

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GILMER COUNTYCOMPENSATION OF COMMISSIONER, ADVISORY BOARD, ETC. No. 672 (Senate Bill No. 453). AN ACT To amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4435), so as to change the provisions relative to the compensation of the commissioner and members of the advisory board; to delete the provision relating to the clerk of the commissioner; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4435), is hereby amended by striking from Section 3 the following: $16,000.00, and inserting in lieu thereof the following: $18,400.00, so that when so amended Section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid that the compensation of said commissioner shall be $18,400.00 per annum, payable monthly at the end of each month. Section 2. Said Act is further amended by striking Section 4 which reads as follows: Section 4. The county commissioner shall have the authority to appoint a clerk and fix his compensation in an amount not to exceed $6,000.00 per annum, with the approval of the advisory board of Gilmer County. The clerk shall be paid in equal monthly installments

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from the funds of Gilmer County. It shall be within the sole power and authority of the county commissioner during his term of office to designate and name the person who shall be employed as such clerk and to prescribe his duties and assignments and to remove or replace such clerk at will and within his sole discretion., in its entirety. Section 3. Said Act is further amended by striking from Section 8 the following: $25.00, and inserting in lieu thereof the following: $50.00, so that when so amended Section 8 shall read as follows: Section 8. Be it further enacted that there be and there is hereby created an Advisory Board of Gilmer County, to consist of two members to be known as Commissioners, to serve and act in conjunction with the County Commissioner of said county in the following matters only, to wit: in any and all matters where county funds are to be spent or obligated by contracts or otherwise. In performing these duties said Commissioners who make up said Advisory Board shall devote such time as is necessary, and shall be paid therefor the sum of $50.00 per day for each day served. They shall meet with the said County Commissioner on the first Tuesday of each month and the said County Commissioner shall be chairman of such meeting. Upon questions for determination, a majority vote of the three shall control. They shall not meet at any time during the month unless called by the said County Commissioner. Said Advisory Board shall have no jurisdiction or control over the affairs of said county heretofore delegated to said County Commissioner. They are to serve and act only in financial matters as above defined and specified. Section 4. Sections 1 and 3 of this Act shall become effective on January 1, 1982. Section 2 of this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended; and for other purposes. This 17th day of February, 1981. 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 is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Courier which is the official organ of Gilmer County, on the following dates: February 19, 26, and March 5, 1981. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981.

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CITY OF AUGUSTAPENSION SYSTEM ACT AMENDED. No. 676 (House Bill No. 273). AN ACT To amend an Act providing a pension system for the retirement of certain employees of the City of Augusta, approved February 25, 1949 (Ga. Laws 1949, p. 1070), as amended, so as to clarify the conditions for the receipt of pension benefits on account of disability; to provide a system to determine the continuance of any disability; to provide standards for the disposition of pension cases upon termination of any disabling condition of any former employee; to provide 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 pension system for the retirement of certain employees of the City of Augusta, approved February 25, 1949 (Ga. Laws 1949, p. 1070), as amended, is hereby amended by striking from paragraph (3) of Section V the following: from engaging in any gainful employment, so that paragraph (3), when so amended, shall read as follows: (3) Upon becoming, irrespective of the duration of his employment, totally and permanently disabled, as a result of illness or injury incurred in the performance of duty and not caused by his own willful misconduct or intoxication. Section 2. Said Act is further amended by striking from paragraph (4) of Section V the following:

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from engaging in any gainful employment, so that paragraph (4) of Section V, when so amended, shall read as follows: (4) Upon becoming, after ten years of service, totally and permanently disabled, as a result of illness or injury from any cause arising, provided that no employee shall be entitled to a pension on account of disability caused by his own willful misconduct or intoxication. Section 3 . Said Act is further amended by striking paragraph (5) of Section V in its entirety and inserting in lieu thereof the following: (5) (A) The continuance of any disability shall be inquired into by medical examination, as provided in Section III of this Act, upon the application of any interested party and for good cause shown. (B) `Totally and permanently disabled' is hereby defined, for the purposes of the foregoing Paragraphs 3 and 4 of this Section, to mean not able on account of the disability received to discharge adequately his employment duties. (C) In the event of a finding of discontinuance of disability by medical examination, city council is hereby authorized, by appropriate ordinance or resolution, to terminate any pension payments payable by reason of a qualifying disability under this Act, reemploy any rehabilitated pensioner, continue pension payments in lieu of reinstatement, or make such other disposition of the pension claim as may be necessary and proper. Section 4 . This Act shall become effective on July 1, 1981. Section 5 . 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, 1981 Session of the General Assembly of

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Georgia, to amend the Charter and Laws pertaining to the City Council of Augusta, Georgia, so as to amend the 1949 Augusta Employees' Retirement System Act, clarifying the requirements for the receipt of pension benefits on account of disability. Samuel F. McGuire Attorney for the City Council of Augusta, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he/she is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: December 15, 22, 29, 1980. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 20th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981.

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ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF CERTAIN CITIES AMENDED (300,000 OR MORE). No. 679 (House Bill No. 331). 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 an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.); so as to clarify certain matters related to the pension application procedure, employee back pension contributions, and to pension benefits; to provide that appeals from decisions of the Board of Trustees shall be by writ of certiorari to the Superior Court of Fulton County; to provide for definitions; to provide that disability pension benefits and salary shall not be paid simultaneously; to provide that pension benefits, when payable, shall be exclusive of interest; to provide that with respect to members who have been retired by reason of total and permanent disability, the Board of Trustees shall have the right to annually review the medical condition of such members for the purposes of determining whether the pensioner is able to return to his or her former position; to provide that the Act, as amended, shall not affect nor be affected by any workers' compensation law, or other similar laws, except as provided for in the Act; 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:

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Section 1. Pension application; procedure. Unless the pension applicant withdraws a pending application for pension benefits, or abandons his or her appeal from the denial of such application by the board of trustees, no new application for a different category of pension benefits shall be accepted by the board of trustees. Further, whenever an officer or employee has been granted a certain category of pension benefits no new application for a different category shall be accepted by the board of trustees. Section 2. Appeals from decisions of the board of trustees; procedure. A majority of the board of trustees shall control on all disputed questions. Whenever an application for disability pension, whether in line of duty or not in line of duty, has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia certifying to the applicant's total and permanent disability from his or her regular, assigned or comparable duties with such city and that, where applicable, in the opinion of such physician, such disability was either caused by or resulted from an accident or injury sustained on the job. Immediately thereupon, the board of trustees shall direct the applicant to submit to an examination by physicians chosen by the board who likewise shall certify the physical or mental ability or disability of the applicant, and, where applicable, whether in the opinion of such physicians, such disability was either caused by or resulted from an accident or injury sustained on the job. In the event the certificates of the respective physicians shall be in general agreement with respect to such matters, such facts shall be conclusive as to the physical or mental condition of the applicant and the board shall thereupon approve such pension in the proper amount. In the event the certificate tendered by the applicant and the certification of the physicians chosen by the board, shall disagree as to the condition of the applicant and where applicable, the cause of the disability, then and in that event, the board of trustees shall conduct a hearing for the purpose of determining the true condition of the applicant, and where applicable, the cause of such disability. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn, and the applicant, the city, and the board of trustees may be represented by legal counsel if they so desire. The board of trustees shall be authorized to promulgate reasonable rules and procedures, not inconsistent with general legal principles, governing the manner in which such hearings shall be conducted. The decision of the board after the hearing, shall

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be final as to the physical or mental condition of the applicant, and where applicable, as to whether the disability is compensable as one incurred in the line of duty, provided however, such proceeding shall be subject to review by writ of certiorari to the Superior Court of Fulton County. The secretary-treasurer of the board of trustees shall be authorized to acknowledge service of any such writ and shall, within the time provided by law, certify and cause to be filed with the Clerk of said Superior Court, a record of the proceedings before the board including a copy of the application for disability pension or other relief involved, the decision of the board and the notice of the board's action as provided to the pension applicant. Where appeals are taken by a pension applicant as provided herein, the board of trustees shall be the respondent and the city shall be the defendant. The method of appeal as provided herein shall also serve as the method by which all other disputed pension questions shall be appealed. Section 3. Definitions. When used in this Act, as amended, the following terms shall have the following meanings: (a) Disability - shall mean the total and permanent physical or mental inability to perform one's regular, assigned or comparable duties with such city; (b) Disability or death incurred in line of duty - shall mean total and permanent physical or mental inability to perform one's regular, assigned or comparable duties with such city where such disability or death is the direct result of a traumatic event or events occuring during and as a result of the performance of an officer's or employee's regular or assigned duties and where such disability or death is not the result of such officer's or employee's willful negligence. Further, the following conditions and circumstances shall not be deemed a disability or death incurred in the line of duty but shall be considered an ordinary disability: (1) Permanent and total disability or death resulting from a cardiovascular, pulmonary or musculo-skeletal condition which is not a direct result of a traumatic event or events occurring in the performance of duty; (2) Permanent and total disability or death resulting from the aggravation of a preexisting physical or mental defect, disease

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(either functional or organic), or deformity where such preexisting condition is not a direct result of a traumatic event or events occurring in the performance of duty. Section 4. Employee back pension contributions; deductions from benefits; assignment of group life insurance proceeds. (a) In the event an officer or employee obligated to pay back pension contributions should retire or die before said payments into the fund are completed, the secretary of the retirement fund is authorized to deduct an appropriate amount, as determined by the board of trustees, from the monthly retirement or beneficiary benefits, or in lieu thereof, such lump sum amounts as the board, in its discretion, deems appropriate until the obligation is discharged. (b) In the event an officer or employee obligated to pay back pension contributions should retire before said payments into the fund are completed, the board of trustees shall require, in consideration of the payment of such indebtedness, an assignment of such officer's or employee's group life insurance in an amount sufficient to satisfy the outstanding obligation. Section 5. Pension benefits; no simultaneous payment of benefits and salary; no entitlement to interest. (a) Whenever an officer or employee has been declared eligible for pension benefits, such pension benefits shall only commence the day following the last day of paid employment for such City. (b) In each and every instance where pension benefits shall become payable pursuant to this Act, as amended, such payments shall be limited to the statutorily required amount as provided by this Act as amended and shall be exclusive of interest or other amounts. Section 6. Effect on workers' compensation laws. Except as provided in subsection (F) of Ga. Laws 1978, pp. 4546, et seq., this Act shall not affect nor be affected by any workers' compensation law, or other similar laws. Section 7. Disability pensions; annual review. The retirement of a pension applicant by reason of permanent and total disability shall be subject to the following conditions: (a) The board of trustees shall have the right to at least once a year require the pensioner to submit to a medical examination for the

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purpose of determining whether or not the pensioner has sufficiently recovered from his disability and is able to return to his former position; (b) If the board, after such examination, determines that the pensioner is not actually totally and permanently disabled but is able to return to his former position or employment he occupied at the time of retirement and such employment and status as to position, pay and service credit at the time of retirement is offered to such pensioner and he takes the former position or fails or refuses to take such offer, then the payment of such disability pension shall cease. Section 8. Subsection (M) of Ga. Laws 1978, p. 4456 is hereby amended by striking the following language from the second sentence of the third paragraph thereof, ...in accordance with the procedure provided for in Ga. Laws 1953, Nov. - Dec. Sess. p. 2770., and adding in lieu thereof, the following: ...as provided by law., so that when amended, said third paragraph of subsection (M) shall provide as follows: Thereafter, the Board of Trustees shall make a determination as to whether such disability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then either such city or such person may appeal from such decision as provided by law. Section 9. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. Specific repealer. Section 4 of an Act approved December 21, 1953 (Ga. Laws 1953, Nov. - Dec. Session, p. 2770) amending Ga. Laws 1927, pp. 265, et seq., approved August 20, 1927, which amendment pertains to appeals from decisions of the board of trustees, is hereby specifically repealed in its entirety.

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Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. ACT PROVIDING FOR PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS OF CERTAIN CITIES AMENDED (300,000 OR MORE). No. 680 (House Bill No. 333). AN ACT To amend the 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 1970, or any subsequent census thereof; requiring the furnishing of pensions to all officers and employees of such cities who have served for twenty-five (25) years, now in active service, whose names are on the payroll of the city, and to future members as specified; and for other purposes more fully set out in the captions of said Act, and the several Acts amendatory thereof, providing a system of pensions and other benefits in lieu of like pension benefits provided by existing provisions; particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.); so as to clarify certain matters related to the pension application procedure, employee back pension contributions, and to pension benefits; to provide that appeals from decisions of the Board of Trustees shall be by writ of certiorari to the Superior Court of Fulton County; to provide for definitions; to provide that disability pension benefits and salary shall not be paid simultaneously; to provide that pension benefits, when payable, shall be exclusive of interest; 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

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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 1970, 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. Pension application; procedure. Unless the pension applicant withdraws a pending application for pension benefits, or abandons his or her appeal from the denial of such application by the board of trustees, no new application for a different category of pension benefits shall be accepted by the board of trustees. Further, whenever an officer or employee has been granted a certain category of pension benefits no new application for a different category shall be accepted by the Board of Trustees. Section 2. Appeals from decisions of the board of trustees; procedure. A majority of the board of trustees shall control on all disputed questions. Whenever an application for disability pension, whether in line of duty or not in line of duty, has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia certifying to the applicant's total and permanent disability from his or her regular, assigned or comparable duties with such city and that, where applicable, in the opinion of such physician such disability was either caused by or resulted from an accident or injury sustained on the job. Immediately thereupon, the board of trustees shall direct the applicant to submit to an examination by physicians chosen by the board who likewise shall certify the physical or mental ability or disability of the applicant, and, where applicable, whether in the opinion of such physicians, such disability was either caused by or resulted from an accident or injury sustained on the job. In the event the certificates of the respective physicians shall be in general agreement with respect to such matters, such facts shall be conclusive as to the physical or mental condition of the applicant and the board shall thereupon approve such pension in the proper amount. In the event the certificate tendered by the applicant and the certification of the physicians chosen by the board shall disagree as to the condition of the applicant and where applicable, the cause of the disability, then and in that event, the board of trustees shall conduct a hearing for the purpose of determining the true condition of the applicant, and where

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applicable, the cause of such disability. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn, and the applicant, the city, and the board of trustees may be represented by legal counsel if they so desire. The board of trustees shall be authorized to promulgate reasonable rules and procedures, not inconsistent with general legal principles, governing the manner in which such hearings shall be conducted. The decision of the board after the hearing, shall be final as to the physical or mental condition of the applicant, and where applicable, as to whether the disability is compensable as one incurred in the line of duty, provided however, such proceeding shall be subject to review by writ of certiorari to the Superior Court of Fulton County. The secretary-treasurer of the board of trustees shall be authorized to acknowledge service of any such writ and shall, within the time provided by law, certify and cause to be filed with the Clerk of said Superior Court, a record of the proceedings before the board including a copy of the application for disability pension or other relief involved, the decision of the board and the notice of the board's action as provided to the pension applicant. Where appeals are taken by a pension applicant as provided herein, the board of trustees shall be the respondent and the city shall be the defendant. The method of appeal as provided herein shall also serve as the method by which all other disputed pension questions shall be appealed. Section 3. Definitions. When used in this Act, as amended, the following terms shall have the following meanings: (a) Disability - shall mean the total and permanent physical or mental inability to perform one's regular, assigned or comparable duties with such city; (b) Disability or death incurred in line of duty - shall mean total and permanent physical or mental inability to perform one's regular, assigned or comparable duties with such city where such disability or death is the direct result of a traumatic event or events occurring during and as a result of the performance of an officer's or employee's regular or assigned duties and where such disability or death is not the result of such officer's or employee's willful negligence. Further, the following conditions and circumstances shall not be deemed a disability or death incurred in the line of duty but shall be considered an ordinary disability:

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(1) Permanent and total disability or death resulting from a cardiovascular, pulmonary or musculo-skeletal condition which is not a direct result of traumatic event or events occurring in the performance of duty; (2) Permanent and total disability or death resulting from the aggravation of a preexisting physical or mental defect, disease (either functional or organic), or deformity where such preexisting condition is not a direct result of a traumatic event or events occurring in the performance of duty. Section 4. Employee back pension contributions, deductions from benefits; assignment of group life insurance proceeds. (a) In the event an officer or employee obligated to pay back pension contributions should retire or die before said payments into the fund are completed, the secretary of the retirement fund is authorized to deduct an appropriate amount, as determined by the board of trustees, from the monthly retirement or beneficiary benefits, or in lieu thereof, such lump sum amounts as the board, in its discretion, deems appropriate until the obligation is discharged. (b) In the event an officer or employee obligated to pay back pension contributions should retire before said payments into the fund are completed, the board of trustees shall require, in consideration of the payment of such indebtedness, an assignment of such officer's or employee's group life insurance in an amount sufficient to satisfy the outstanding obligation. Section 5. Pension benefits; no simultaneous payment of benefits and salary; no entitlement to interest. (a) Whenever an officer or employee has been declared eligible for pension benefits, such pension benefits shall only commence the day following the last day of paid employment for such City. (b) In each and every instance where pension benefits shall become payable pursuant to this Act, as amended, such payments shall be limited to the statutorily required amount as provided by this Act as amended and shall be exclusive of interest or other amounts. Section 6. Subsection (M) of Ga. Laws 1978, pp. 4527, 4537, 4538 is hereby amended by striking the following language from the second sentence of the third paragraph thereof,

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...in accordance with the procedure provided for in Ga. Laws 1953, Nov. - Dec. Sess. p. 2707., and adding in lieu thereof the following: ...as provided by law., so that when amended, said third paragraph of subsection (M) shall provide as follows: Thereafter, the Board of Trustees shall make a determination as to whether such disability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then either such city or such person may appeal from such decision as provided by law. Section 7. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. Specific repealer. Section 4 of an Act approved December 21, 1953 (Ga. Laws 1953, Nov. - Dec. Session, p. 2707) amending Ga. Laws 1933, pp. 213, et seq., approved February 15, 1933, which amendment pertains to appeals from decisions of the board of trustees, is hereby specifically repealed in its entirety. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.

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CIVIL COURT OF BIBB COUNTYPLEADINGS, COSTS, ETC. No. 685 (House Bill No. 536). AN ACT To amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. Laws 1955, p. 2552), as amended, so as to waive the rules of pleading in certain cases; to change the cost of filing a suit or proceeding in said court; to provide for all related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. Laws 1955, p. 2552), as amended, is hereby amended by striking from Section 19 of said Act the following: Cases $50.00, and substituting in lieu thereof the following: Cases $250.00, and by striking the following: fifty dollars, and substituting in lieu thereof the following: $250.00, so that when so amended Section 19 of said Act shall read as follows: Section 19. Cases $250.00 and under. Be it further enacted by the authority aforesaid, that in all cases in said court in which the principal sum claimed, or the value of the property in controversy does not exceed $250.00, the rules of pleading as heretofore provided in this Act shall not be required of parties prosecuting or defending any such action therein and it shall not be necessary to paragraph either petition or answer, but no suit or proceeding, or answer thereto, shall be accepted or filed by the clerk of said court unless a substantial

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statement of the cause of action, or matters of defense, of whatever character, be first reduced to writing. No demurrer or special plea shall be required, but every defense in point of law or of fact may be taken advantage of in the answer; provided, that if the plaintiff shall verify his claim or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. In the furtherance of justice, the judge of said court shall permit any claim, suit, process, pleading, or record to be amended in form or in substance, or material supplemental matter to be set forth in an amended written pleading, and shall disregard any error or defect which does not affect the substantial rights of the parties, but no amendment presenting a new and distinct cause of action or new party shall be allowed. Section 2. Said Act is further amended by striking Section 38 in its entirety and inserting in lieu thereof a new Section 38 to read as follows: Section 38. Costs. (a) Each person filing a suit or proceeding of any character shall, if required by the court, at the time of filing, make a cost deposit with the clerk of said court in an amount equal to all costs to be incurred in the case including judgment and fi. fa., if the case is undefended. The deposit shall not be required of any person who shall subscribe to an affidavit that he is unable to pay the costs of filing the suit or proceeding because of poverty. (b) The deposit shall be a security deposit to insure the payment of the court costs of such proceeding and any overpayment shall be refunded by the clerk of said court to the party making the deposit. If the court cost is recovered from another party, the deposit shall be refunded to the party making the deposit. (c) Whenever the principal amount involved in the suit of the plaintiff or in the cross-action or counterclaim of the defendant does not exceed $300.00 principal, exclusive of interest, attorney's fees, and costs, the costs to be charged and collected by the officers of said court shall be as follows: Clerk's Costs Filing and docketing suit $ 2.00 Summons and copy 2.00 Extra copies (each) 2.00 Second original for other counties 2.00 Extra copies (each) 2.00 Affidavit to obtain garnishment 2.00 Issuing summons and copy (each) 2.00 Issuing garnishment release 1.00 Filing and docketing each traverse to answer of garnishment, including service 5.00 Filing and docketing each dispossessory warrant 3.50 Extra copies (each) 2.00 Issuing distress warrant 4.50 Filing and docketing each lien foreclosure 3.50 Filing pleas .50 Docketing pleas .50 Issuing subpoenas .50 Filing and docketing motion 2.00 Filing notice of appeal 1.00 Record on appeal per page 1.50 Transcript of evidence and proceedings 5.00 Appellate court remittitur and judgment 3.00 Final record per page .75 Minutes per page .75 Certificate as to absence of pending action 1.50 Certified copy under Code Section 38-627 2.50 Issuing fi. fa. 1.00 Entering fi. fa. on general execution docket 1.00 Filing bond 1.00 Entering on minutes verdict and judgment by judge 2.00 Entering jury verdict and judgment on minutes 4.00 Each affidavit made before a judge 1.50 Each order or approval signed by a judge 2.00 Issuing order to establish lost paper 3.00 Dismissal or settlement 1.00 Affidavit and bond to obtain attachment issuing same 4.50 Issuing each criminal warrant including affidavit 2.50 For docketing each warrant .75 Issuing each peace warrant 12.00

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Sheriff's Costs Serving copies of suit (each) $ 7.50 Serving summons of garnishment (each) 5.00 Serving lien foreclosure of any kind 7.50 Serving dispossessory warrant 7.50 Serving summons of attachment 7.50 Serving distress warrant 7.50 Serving subpoena (each) 3.00 Suit from another county, to be paid in advance 7.50 If more than one summons of garnishment to be served, cost for each additional one shall be 4.50 Dispossessing tenant or intruder 7.50 Levy 7.50 Returning nulla bona 5.00 Attending court (per day) 2.00 Making out and executing titles to land 7.50 If presented by purchaser 5.00 Executing bill of sale to personal property, when demanded by purchaser 5.00 Forthcoming bonds 5.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 5.00 Collecting tax fi. fa.'s $100.00 or less (each) 4.00 Collecting tax fi. fa.'s over $100.00 (each) 7.50 Each fi. fa. or attachment in sheriff's hands settled without sale 5.00 Commissions on sales of property, on sums of $50.00 or less, 7 percent, on excess above $50.00 up to $550.00, 5 percent. For all sums exceeding $550.00, on excess, 2 percent. No commissions shall be charged unless property is actually sold.

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(d) In all cases in said court where the principal amount involved, exclusive of interest, hire, attorney's fees, and costs, exceeds $250.00 and in all cases where the value of the property involved exceeds $250.00 or where the cross-action or counter-claim of the defendant, exclusive of interest, hire, attorney's fees, and costs exceeds $250.00, the costs to be charged and collected by the officers of said court shall be the same as the costs in the superior court, taxable for clerk and the sheriff respectively. (e) The costs to be taxed in said court in possessory warrant cases, criminal warrants, peace warrants, and search warrants shall be the same as those fixed by law in justice of the peace courts. (f) In trover suits where the principal amount involved, exclusive of interest, hire, and costs, or where the alleged value of the property, exclusive of hire and costs, does not exceed $250.00, the costs taxable by the clerk shall be the same as justice of the peace court costs. If the principal amount involved, exclusive of interest, hire, and costs, or if the alleged value of the property involved, exclusive of hire and costs, exceeds $250.00, superior court costs shall be taxed by the clerk against the party cast therein. (g) In all other cases not herein specifically provided for, the costs to be taxed by the clerk shall be the same as justice of the peace court costs in all cases where the principal amount involved, exclusive of interest, hire, attorney's fees, and costs, does not exceed $250.00 and shall be the same as superior court costs where the principal so computed exceeds $250.00. (h) All costs collected in said court by the officers thereof shall be paid into the treasury of Bibb County on the first day of each month, or within three days thereof, by the clerk to be applied to the expenses of operating said court, except as otherwise provided in this Act.

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(i) Should the amount claimed by the plaintiff place the suit in one classification as to costs and the amount claimed by the defendant in this cross-action or counter-claim place the suit in another classification, the costs to be charged on the cross-action shall be determined by the judgment or verdict in the case. (j) In all cases or proceedings in which the principal sum, exclusive of interest, hire, attorney's fees, and costs exceeds $250.00, the fees collected by the clerk and paid into the county treasury shall be the same in the Civil Court of Bibb County as those allowed by law to the clerk of the Superior Court of Bibb County and to the sheriff of Bibb County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention. To Whom It May Concern: This is notice that at the approaching January, 1981 session of the General Assembly of Georgia, the General Assembly will be asked to pass an Act dealing with the Civil Court of Bibb County so as to prescribe a new schedule of Court costs. This 11, day of December, 1980. Franklin S. Horne, Jr. Representative, Bibb County, Georgia 104th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Horne who, on oath, deposes and says that he/she is Representative from the 104th District, and

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that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: December 19, 26, 1980 and January 2, 1981. /s/ Frank Horne Representative, 104th District Sworn to and subscribed before me, this 16th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. TURNER COUNTYSMALL CLAIMS COURT CREATED. No. 686 (House Bill No. 582). AN ACT To create and establish a Small Claims Court of Turner County; to provide for the initial judge; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and his remuneration; to validate acts and proceedings therein; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the

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foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Turner County. Such court shall have civil jurisdiction in cases at law in which the demand or damages claimed or value of the property involved does not exceed $1,000, said jurisdiction to be county-wide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in Turner County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia, except the power to issue criminal warrants. Section 2. (a) The judge of the small claims court in Turner County who is serving on the effective date of this Act shall serve until the expiration of his current term of office and until his successor is appointed and qualified under subsection (b). (b) Thereafter the Grand Jury in Turner County shall appoint a citizen of Turner County to be judge of the small claims court for a term of one year and until his successor is appointed and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Grand Jury, and such successor shall serve for the remainder of the unexpired term. 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 Turner County or any judge of a State Court located in Turner County, on application of any party or the said judge of the Small Claims Court who is unable to act, shall perform such duties and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized.

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Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath, or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in Turner County by any official or person authorized by law to serve process in circuit courts; or by registered mail or certified mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose; and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States Postal Service 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 above provided, he shall make proof of service by affidavit showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party

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demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of this claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered mail or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. The plaintiff when he files his claim, shall deposit with the court the sum of $20 which shall cover all costs of the proceeding up to and including the rendering of a judgment. In claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed at the discretion of the judge. Except as otherwise provided for herein, the costs and fees for said court be the same as provided for justices of the peace. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed 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. Section 9. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to ten dollars ($10.00) for every such claim case. The same practice and procedure shall apply in cases of 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

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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 in said proceeding. Section 10. (a) On that day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 11. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 12. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay executions, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.

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Section 13. The Judge of the Superior Court presiding in Turner County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Section 14. The judge of such 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 Turner County, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful contables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power, also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Section 15. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Section 16. Judgments of Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the Clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 17. Appeals may be had from judgments returned in a Small Claims Court, to the superior court, and the same provisions

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now provided for by law for appeals from probate courts to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court. Section 18. Until otherwise provided by rules of court, the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court

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Section 19. All acts performed by the judge or clerk and all proceedings before the Small Claims Court of Turner County are hereby validated. Section 20. Each judge appointed under the provisions of this Act shall be exempt from jury duty of the superior court and the State court of Turner County. Section 21. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Section 22. Such Small Claims Court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and, also designate the times when attachments and executions are returnable and, also designate the time when each answer to a summons or garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 23. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by United States postal authorities marked refused, giving the date of refusal and be signed or initialed by the United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or

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on the back of a conformed copy of the original summons of garnishment which was given to garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 24. The judge of a Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the Turner County treasury or Turner County depository for county purposes. Section 25. The fee of bailiff for the execution of a fi. fa. shall be $7.50 plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) on the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of three dollars ($3.00). Section 26. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Turner County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Turner County which is created by this Act. Section 27. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Turner County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Turner County as created by an Act approved April 12, 1971 (Ga. Laws 1971, p. 4067), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 28. 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 29. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act creating a Small Claims Court in each county in this State having a population of not less than 8,750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and his remuneration; to validate acts and proceedings therein; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.', approved April 12, 1971 (Ga. Laws 1971, p. 4067), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3586); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes., does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 30. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Turner County; to provide for other matters relative thereto; and for other purposes. This the 8th day of January, 1981. Earleen Sizemore Representative, 136th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Wilkerson 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 8, 15, 22, 1981. /s/ Earleen Wilkerson Sizemore Representative, 136th District Sworn to and subscribed before me, this 22nd day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. CITY OF ASHBURNNEW CHARTER. No. 687 (House Bill No. 613). AN ACT To amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the City of Ashburn in the County of Turner, to provide a new Charter therefor;

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to organize the municipal government thereof; to prescribe the corporate limits; to provide for a mayor and council of the city and their function, authority, powers, duties, qualifications and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifications, duties, authority and compensation of the officers and employees of the city; to provide for the authority of the mayor and council over said officers and employees; to create certain boards, commissions and departments and provide for the creation and regulation of others; to prescribe the qualifications of electors and voters, and the manner of holding elections in the city; to provide for the registration of voters; to prescribe the qualifications of candidates for municipal elections; to establish a police court and provide for presiding officer thereof; to establish the jurisdiction, powers and duties of the police court; to prescribe procedures for the annexation of territory and the rights of residents in territory proposed to be annexed; to provide for public works and local improvements, the power of eminent domain for the condemnation of private property therefor, and the levy of assessments therefor; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to prescribe the effect of this Act upon present officers of the city; to provide for the preservation of existing ordinances and laws not inconsistent with this Act, and the repeal of conflicting laws, and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act, and for the violation of ordinances and regulations enacted pursuant thereto; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. GENERAL PROVISIONS Section 1.1. Incorporation; name, style and designation. The City of Ashburn, in Turner County, Georgia, heretofore made a body politic and corporate by Acts of the General Assembly of said state, under the name of the City of Ashburn, shall continue a body politic and corporate, known by the corporate name of the City of Ashburn, hereinafter also referred to as the city.

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Section 1.2. City's powers as body politic and corporate. As a body politic and corporate, the city shall have power to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the constitution or laws of this state or of the United States, with power in and by its corporate name to sue and be sued, and plead and be impleaded, in all courts, and have and use a common seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its governing body, shall have all of the powers and privileges incident to municipal corporations under the laws of this state, and all other powers necessary and proper to make, regulate, maintain and preserve a proper and legal government for the city. Section 1.3. Corporate boundaries. (a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the city, at all times, shall be shown on a map, a written description or combination of descriptions thereof, to be retained permanently in the office of city clerk and to be designated Map (or Description) of the Corporate Limits of the City of Ashburn, Georgia. When the corporate boundaries are changed as provided by law, the alterations in the boundaries shall be indicated by and under the direction of the mayor. Photographic, typed, or other copies of such map or description certified by the clerk shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. (c) All existing prior Acts of the General Assembly prescribing or altering the corporate limits are continued in full force and effect, and nothing in the Act shall be deemed to repeal the same. Section 1.4. Subpoena power generally. The mayor, city council, police court and all boards, commissions, committees or other agencies of the city charged with the administration of the affairs of

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the city (excluding individual officers, except in cases in which they are specially authorized by law or ordinance) shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and any person failing or refusing to attend as a witness or to produce relevant and pertinent documentary evidence within such person's power, custody or control when duly notified or call upon to do so in a proper case shall be subject to punishment within the limits prescribed by this charter or ordinance of the city. ARTICLE II. GOVERNING BODY; EXECUTIVE OFFICER Section 2.1. Composition; qualifications; holdover members; function. The governing body of the city shall consist of a mayor and five (5) Councilmembers, hereinafter referred to as the city council, council or governing body, who shall be the elective officers of the city, and who at the time of their election shall be qualified and registered voters of the city. The mayor and councilmembers in office at the time of adoption of this charter shall serve until the expiration of the terms for which they were elected and until their successors are elected and qualified as provided in Sections 2.2 and 2.3. The city council, as the legislative body of the city, shall enact all ordinances and resolutions for the city, and may adopt all regulations deemed necessary, with all the power and authority granted by this charter. Section 2.2. Terms of office; election day. The mayor and all councilmembers shall be elected for terms of two (2) years, and shall take office on the first Thursday in January immediately succeeding their election. There shall be an election each year on the first Thursday in November; the mayor and two councilmembers to be elected in one year and three councilmembers to be elected in the succeeding year. They shall serve until their successors are elected and qualified. Section 2.3. Designating council posts; expiration of terms; plurality elects. For the purposes of electing council-members, positions on the council are designated as posts, numbered one (1) through five (5), respectively. The positions designated as posts numbered three (3), four (4) and five (5) expire on the first

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Thursday in January of each even-numbered year. The positions designated as posts numbered one (1) and two (2), and that of mayor, expire on the first Thursday in January of each odd-numbered year. The candidate receiving a plurality of the votes cast for each such position shall be declared elected. Section 2.4. Effect of removal of residence from city. Should the mayor or a councilmember remove such person's residence from the city, such removal shall effect an automatic vacancy in the office held by the person so moving, to be filled as provided in Section 2.6 or Section 2.7, whichever is applicable. Section 2.5. Recall. The mayor and councilmembers of the city, or any of them, shall be subject to recall and removal from office as provided in the Public Officers Recall Act, Chapter 89-19 of the Georgia Code of 1933, as amended. Section 2.6. Filling vacancy in office of mayor. In the event the office of mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tempore shall act as mayor during the balance of term, and exercise all the rights and powers of the mayor during the term. Should the mayor pro tempore also cease to hold the office of mayor during the term, an election shall be called to fill the vacancy in the office of mayor, which election shall be held and managed in the same manner as herein provided for city elections, and at which special election a successor for the unexpired term of office shall be elected. Section 2.7. Filling vacancy in office of councilmember. A vacancy occurring in the office of member of council shall be filled for the unexpired term at an election by the mayor and remaining members of council, provided that at the time of such vacancy there shall be not more than one (1) year before the expiration of such member's term of office; if such unexpired term is longer than one (1) year from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as herein provided for city elections, and at which special election a successor for the unexpired term of office shall be elected. Section 2.8. Oath of office. The mayor and councilmembers shall, before entering upon the discharge of their duties,

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each take and subscribe before some officer authorized by law to administer oaths, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as (mayor or councilmember) of the City of Ashburn and discharge the duties of my office during my continuance in office; that I will to the utmost of my skill and ability promote the general welfare of the inhabitants of the city and the common interest thereof. Section 2.9. Salary of mayor as fixed. The mayor shall receive a salary as fixed by the city council by ordinance or resolution, payable monthly; provided however, that any salary so designated for a mayor shall not be effective during the term of office of the mayor then in office. Section 2.10. Salaries of councilmembers as fixed. Each councilmember shall receive a salary as fixed by the city council, by ordinance or resolution, payable monthly; provided however, that any salaries so designated for councilmembers shall not be effective during the terms of office of the councilmembers then in office. Section 2.11. Appointment and authority of mayor pro tempore. The mayor, subject to approval by the council, shall appoint a mayor pro tempore from the members of the council, who shall in the absence of the mayor have all the powers vested in the mayor by this charter. Section 2.12. Meetings; quorum fixed. The city council shall meet at least once each month at such times and at such place as are fixed by it by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by such official. The mayor or mayor pro tempore and three (3) councilmembers shall constitute a quorum. Section 2.13. Duty and authority of mayor to convene council. The mayor shall convene the council when so requested, in writing, by a majority of the members thereof, or when the mayor deems it to be important to the welfare of the city; provided, however, that in the event the mayor refuses to convene the council when requested to do so as provided above, the council shall have the power and authority upon direction of an absolute majority thereof to call itself into session.

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Section 2.14. Mayor as presiding officer of council. The mayor shall be the presiding officer of the council, and cast the deciding vote in case of a tie. Section 2.15. Meetings to be public; exception. All meetings of the city council shall be public, except such executive sessions as may be authorized by law and provided for by ordinance. Section 2.16. Authority to establish rules and order of business. The city council shall have the power to establish its own parliamentary rules and order of business. Section 2.17. Minutes of proceedings to be kept. The city council shall cause to be kept minutes of its proceedings in a special minute book kept for that purpose. Section 2.18. Access to minutes, records of meetings. Any citizen shall have access to the minutes and records of meetings of the city council at all reasonable times, at the office of the city clerk. Section 2.19. Scope of police and legislative power. The city council shall have the power to enact and enforce all ordinances necessary to protect health, life and property and to prevent and summarily abate and remove all nuisances and to preserve and enforce the good government, order, security and dignity of the city and its inhabitants; and to enact and enforce ordinances on any and all subjects, provided that no ordinance shall be enacted inconsistent with the provisions of this charter or the general laws or constitution of this state. Section 2.20. Ordinances, resolutions, rules - adoption of ordinances and resolutions. (a) Reading required. All ordinances and resolutions, before they shall pass, shall be read once, at a regular meeting of the city council. (b) Signature, countersignature required. All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the city clerk. (c) Content, record of ordinances; existing ordinances preserved. All ordinances and resolutions shall be in writing and

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have endorsed thereon the name of the councilmember introducing same and the date of its reading. Such ordinances or resolutions shall be numbered and filed and properly preserved. There shall be kept by the city clerk a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor, acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of council under the seal of the city; provided however, that nothing herein contained shall operate to prevent the city council from adopting such rules and regulations as it may deem proper governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided further, that nothing contained in this Section shall affect in any manner any valid existing ordinance of the city. Section 2.21. Same - Scope of ordinances. Authority to carry out and effectuate by ordinance each power granted to the city in this charter is hereby expressly conferred on the city council. Section 2.22. Same - Approval of ordinances by mayor; effect of lack of approval. All ordinances adopted by the city council shall be signed and approved by the mayor, but any ordinance shall become law without the signature of the mayor unless the mayor within four (4) days after its enactment shall deliver to the city clerk such mayor's written veto thereof. Section 2.23. Same - Veto power of mayor; passage over veto. The mayor shall have the veto power and may veto any ordinance or resolution of the city council, in which event the same shall not become a law unless subsequently passed over such veto by the vote of at least four (4) councilmembers on a yea and nay vote, duly recorded on the minutes of the council; but unless the mayor shall file in writing with the city clerk such mayor's veto of any measure passed by that body, with reasons which impel such mayor to withhold assent, within four (4) days of its passage, the same shall become a law just as if approved and signed by the mayor. Section 2.24. Same - Code of ordinances, resolutions, rules; adoption, modification, repeal. The city council shall have the power and authority to adopt by reference, without the necessity of publishing the same in any newspaper, and maintain and declare of force a code of the ordinances, resolutions and rules of the

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city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules, or both, as the council deems appropriate to include therein. Said code shall be subject to amendment or repeal, in whole or in part, at any time; provided however, that the ordinance adopting a code shall be passed in accordance with section 2.20. Section 2.25. Interest in contracts, purchases, sales prohibited; other compensation. Neither the mayor, nor any member of the council, nor any city officer, shall be interested, directly or indirectly, in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid out of the public revenue, or for which the city becomes responsible; provided, however, this section shall not be deemed to prohibit the mayor or any councilmember or any officer from holding any position and receiving compensation therefor when authorized and prescribed by ordinance duly enacted by the city council. ARTICLE III. ELECTIONS Section 3.1. System for registration of voters adopted. A system for the registration of voters is hereby established for the city, which system shall be that of Turner County, the voter list being that of the county voters residing within the city. Registration of city voters shall be administered by the county officials. This section shall not preclude the city council from establishing and administering a separate registration system for the city as authorized by law, at any time it shall deem it in the best interest of the city and the citizens of the city. Section 3.2. Scope of registration provisions. No person shall be allowed to vote in any municipal primary or election held in the city without having first registered in accordance with the provisions of this article, the provisions of Chapter 34A-5 of the Code of Georgia of 1933, as amended, and such ordinances or regulations as may be adopted hereunder; and the city council is hereby empowered to adopt such ordinances and regulations as may be deemed proper to carry out the purposes of this article. Section 3.3. Qualifications of applicant for registration. Any voter registering under the provisions of this article shall be a qualified voter as long as such person remains a citizen of the

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city, meets all of the qualifications of electors prescribed in section 34A-501 of the Code of Georgia of 1933, as amended, and is otherwise qualified to register in any general election in this state. Section 3.4. Councilmembers and mayor to be elected at large. All councilmembers and the mayor of the city shall be elected by the voters of the entire city, voting at large. Section 3.5. Residence requirements of candidates for councilmember and mayor. In order to be eligible to be elected as a councilmember or as mayor of the city, a candidate must be at least eighteen years of age and a resident and qualified and duly registered voter of the city on the date such person qualifies to run for office, and at the time of election thereto. Section 3.6. Candidates to indicate office sought. A candidate for office hereunder shall designate the specific office for which such is offering as a candidate, as provided in section 2.3. Section 3.7. Time of election of councilmembers. On the first Thursday in November every year, three (3) councilmembers or two (2) councilmembers shall be elected, to fill the vacancies occurring in that year, to serve for two (2) year terms. Section 3.8. Time of election of mayor. A mayor shall be elected on the first Thursday in November in each even-numbered year, to serve for a two (2) year term. Section 3.9. Designation of polling places. The city council shall designate the polling places for the conduct of elections in the city. Section 3.10. Hours for opening, closing polls. The polls for the holding of all elections in and for the city shall open at 7:00 a.m. and remain open until 7:00 p.m. by the time in common use in the city, at which time they shall be closed. Section 3.11. Challenge of voter. When any voter is challenged, that fact shall be so written opposite the voter's name on the voters' list and also on the voter's ballot, and such voter shall be required to take the following oath:

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I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen (18) years, and am a resident of the City of Ashburn, and that I have not voted before at this election, so help me God. Any voter who shall refuse to take the oath when challenged shall have such person's ballot rejected. Section 3.12. Majority vote to elect; runnoff. In order to be nominated or elected a candidate in any municipal primary or election must receive a majority of the votes cast to fill such nomination or office. In the event no candidate receives a majority of such votes, a runoff primary or election shall be held in accordance with the provisions of section 34A-1407, Code of Georgia of 1933, as amended. Section 3.13. Police to preserve peace and order at polls. To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity to cast a ballot, or so that the secrecy of the same may be maintained, it shall be the duty of the municipal authorities to furnish a sufficient number of police. Section 3.14. Electioneering. It shall be unlawful for any person to electioneer, or in any way to influence or try to influence any voter, or to speak to a voter on any subject of voting within two hundred fifty (250) feet of the voting place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duties as such, provided they do not electioneer or try to influence any voter in any particular manner. Section 3.15. Penalties for unlawful conduct at polls. Any person who shall in any manner violate either or any of the provisions of section 3.14 shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanor. Section 3.16. Violations and penalties generally. The violations set forth in Chapter 34A-16 of the Code of Georgia of 1933, as amended, being part of the Georgia Municipal Election Code, when committed in any city primary or election shall constitute violations of this article; excepting therefrom, however, those violations and penalties which by their nature can have no application.

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ARTICLE IV. APPOINTIVE OFFICERS AND EMPLOYEES Section 4.1. Designation of specific officers; term generally. At the first regular meeting of the city council after qualification, or as soon thereafter as practicable, the following municipal officers of the city shall be elected by the city council and shall hold their office for a term of one (1) year and until their successors are elected and qualified: city attorney, city clerk, city treasurer, police chief, and such other officers and heads of departments as are deemed necessary and appropriate; provided however, that any two (2) or more offices may be combined and filled by one person. Section 4.2. Designation of other officers; prescribing duties; fixing compensation. The city council shall have the right to designate and elect such municipal officers besides those specified in this article, as it deems necessary and proper, by ordinance, and to prescribe their duties and fix their compensation by ordinance or resolution. Section 4.3. Oath of office; bond. All officers and employees of the city shall be required to take an oath to properly perform their duties, and as otherwise required by law; and such officers and employees as deemed necessary by the city council shall give bond, payable to the mayor and the mayor's successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the public for any loss or damage by reason of their default, misfeasance, nonfeasance or negligence, as the city council may by ordinance prescribe. Section 4.4. Compensation. Each of the officers and employees of the city shall receive such compensation as the city council may by resolution or ordinance prescribe; provided however, that the salaries of all city officers, when fixed and determined by the city council in the manner prescribed in this charter and in the manner prescribed by the laws and ordinances of the city, shall not be diminished during the terms of office for which such officers are elected. Section 4.5. Duties of officers as prescribed. In addition to the duties prescribed in this charter, each of the officers of the city shall perform such other duties as may be provided by the city council by ordinance.

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Section 4.6. Filling vacancy in office . In the event of a vacancy occurring in any of the offices enumerated in this article, or in any other office created by the city council, the unexpired term shall be filled by the city council within fifteen (15) days thereafter, or at such other time as the city council shall designate. Section 4.7. Suspension of officers by mayor . Each of the officers provided for herein shall at all times be subject to suspension for cause, by the mayor, in the mayor's discretion, but such suspension shall be reported within three (3) days to the city council for action on its part, under the provisions of this charter, such council meeting to be within six (6) days after such report. Section 4.8. Suspension, fine, removal from office; authority of council . All officers elected by the city council shall at all times be subject to the jurisdiction of the council and amenable to its discipline, and the council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the mayor voting, for any cause that may seem just and proper. Section 4.9. City clerk. (a) Designation as clerk of council, ex officio court clerk . The city clerk shall be the clerical officer of the council and shall be the keeper of the seal of the city; and shall also be ex officio clerk of the police court of the city, and attend its sessions. The city clerk shall be ex officio tax collector of the city; and ex officio clerk or secretary of any board or commission of the city, created under the provisions of this charter or that may be created and established under the laws and ordinances of the city. (b) Duties as clerk, ex officio clerk . The duties of the city clerk as clerk of the council and as ex officio clerk of the police court, as ex officio tax collector, and as ex officio clerk or secretary of any board or commission of the city, shall be such as are prescribed in this charter and by the laws and ordinances of the city and by the city council. In addition, the council may provide by ordinance that the city clerk perform the duties of the city treasurer and/or other officers of the city. Section 4.10. City treasurer . It shall be the duty of the city treasurer to receive and safely keep all monies and funds of the city that may come into such officer's hands from every source; to keep separate accounts of same as may be provided or required under

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and by the laws and ordinances of the city; and to only pay out said funds only in the manner prescribed and provided for by and under the laws and ordinances of the city. The city treasurer shall also be ex officio tax receiver of the city, and as such shall receive the returns of property for taxation in the city at such times and under such rules and regulations, laws and ordinances as the city council shall prescribe and enact; and shall perform all further duties as city treasurer and as city tax receiver as the city council shall by ordinance prescribe. Section 4.11. City attorney. (a) Authority . The city attorney shall be the legal representative of the city and legal advisor thereof, and in such capacity shall represent the city in all matters in which the city is interested or involved. (b) Duties . The duties of the city attorney shall be such as are prescribed by the ordinances and laws of the city and by the direction of the city council. (c) Additional counsel . Whenever in the judgment of the city council, it shall be advisable to employ additional counsel to assist the city attorney, authority to do so is hereby conferred upon the city council. Section 4.12. City tax assessor . The tax assessor for Turner County shall act as and perform the duties of tax assessor for the city; provided however, this section shall not preclude the city council from establishing a board of tax assessors or office of tax assessor as authorized by law should it deem such action to be in the best interest of the city and its citizens. ARTICLE V. POLICE COURT; CRIMINAL PROCEDURE Section 5.1. Established, designated. The police court of the city is hereby created and shall be known and designated as the Police Court of the City of Ashburn. Section 5.2. Presiding officer designated. Until such time as the office of the city recorder or municipal judge is established and a recorder or judge is selected and enters office, sessions of the police court shall be held and presided over by the mayor, or in the mayor's

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absence by the mayor pro tempore, or in the mayor pro tempore's absence by a councilmember designated by the mayor for the purpose. In presiding over the police court, the mayor shall have power to impose such fines and punishment as are provided for in this charter. Section 5.3. Authority of mayor to remit, reduce fines, to parole offenders. As presiding officer of the police court, the mayor shall have the power and authority to remit or reduce the fines imposed in the police court upon persons convicted therein for violating any of the laws or ordinances of the city, and shall also have the authority to parole on good conduct persons convicted in said court of violating the laws and ordinances of the city, under such rules and regulations as the city council may by ordinance prescribe. Section 5.4. Mayor and mayor pro tempore as justice of the peace. The mayor and mayor pro tempore shall have all the powers of a justice of the peace to issue warrants, to try and to commit to the superior court in Turner County for trial all violators of the laws of the State for offenses committed within the corporate limits of the city. Section 5.5. Jurisdiction - Generally. The jurisdiction of the police court shall extend over all violations of the laws and ordinances of the city and all other laws of which municipalities are allowed jurisdiction under the laws of this state, whenever said violations and offenses are committed within the corporate limits of the city, or within territory over which the city has jurisdiction. Section 5.6. Same - Extended beyond city limits. The city shall have the power and authority to exercise police power over all territory beyond the limits of the city owned by the city or over which the city has been granted jurisdiction by law, and jurisdiction of violations of the ordinances of the city in and over such territory is hereby vested in the police court of the city. Section 5.7. Same - To try nuisances, require abatement. The police court shall have concurrent jurisdiction with the city council in respect to the trial and abatement of all nuisances in the city. Section 5.8. Powers enumerated. The police court and the presiding officer thereof shall have the following powers:

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(a) Contempt. To punish for contempt against its lawful authority whether in the presence of the presiding officer or otherwise; (b) Summonses, subpoenas. To issue summonses and subpoenas for witnesses and compel their attendance whether or not residents of the city; to issue subpoenas duces tecum for witnesses and the production of books and papers whether or not in the city, and compel their production; to compel the presence of witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said police court; and to punish, as for contempt, failure to obey its legal summonses and orders; (c) Continuances. To grant continuances under rules of law; (d) Bonds, Recognizances. To take bonds and recognizances for persons charged with offenses against the laws and ordinances of the city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; and to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and places specified therein, under such rules and regulations as the city council of said city shall by ordinance prescribe; and (e) Enforcement of authority. To do, generally, all other acts and things necessary for the proper enforcement of its authority. Section 5.9. Punishment for contempt. The police court shall have the power and authority to punish for contempt by fine not exceeding twenty-five dollars ($25.00), or by imprisonment not exceeding ten (10) days, either or both, in the discretion of the presiding officer of said court; provided, that a continuous failure or refusal by any person to obey the lawful orders and summonses of said court shall be deemed a continuous contempt, and the court may imprison such person until its lawful orders are obeyed. Section 5.10. Trial of violations against city laws and ordinances; limitation upon penalty. The presiding officer of the police court shall have the power and authority to try all offenses and violations against the laws and ordinances of the city, and upon conviction, to punish offenders by a fine not exceeding one thousand dollars ($1,000.00), by imprisonment for any term not exceeding six (6) months, or by compulsory work, not exceeding six (6) months, on

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the streets or upon any of the public works of the city, or by any combination of such penalties, as the presiding officer of the court may decide. Section 5.11. Right to trial upon written accusation. All trials in the police court shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the court clerk that an accusation in writing shall be preferred against such defendant, in which event a written accusation, in form substantially as follows: Georgia, Turner County, City of Ashburn In the Police Court of the City of Ashburn: I,....., Chief of Police (or policeman) of said city, in the name and behalf of the City of Ashburn, charge and accuse..... of the offense of....., contrary to the laws and ordinances of said city, the good order, peace and dignity thereof. shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter a plea thereon in writing and upon the issue thus formed the case shall proceed to trial and disposition. Section 5.12. Imposition of punishment. Any of the punishments prescribed in sections 5.10 and 5.13 may be inflicted in the discretion of the presiding officer of the police court, and such presiding officer shall have the authority to impose any of such punishments in the alternative. Section 5.13. General penalty. The City council may provide for punishing violators of city ordinances, laws, rules or resolutions by fine, imprisonment, or working on the streets or public works; the fines in no case to exceed one thousand dollars ($1,000.00) and the imprisonment not to exceed six (6) months, and sentence on the streets or public works not to exceed six (6) months, and either one or all of said penalties may be imposed at the discretion of the court. Section 5.14. Execution, levy, sale to enforce collection of fine and costs. Whenever any person is convicted and sentenced to pay a fine or to imprisonment or to work upon the streets of the city or other public works thereof, and fails or refuses to pay said fine or

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costs, the city shall have the right to enforce the collection thereof by execution, levy and sale in the same way and manner as the collection of taxes is enforced in the city. Section 5.15. Authority to provide for working of convicts, custody of prisoners. (a) Scope of authority. The city council shall have full power and authority to provide for the working of the convicts from the police court upon the streets and other public places and works of the city; to maintain, establish and equip a jail or prison in the city for the safekeeping of prisoners and persons charged with violating the laws and ordinances of the city or state and to provide for the care of such prisoners. (b) Ordinances to implement provisions. The city council shall have the authority to enact such ordinances as are necessary to carry out the provisions of this section. Section 5.16. Bonds in certiorari - To be approved. All bonds given in certiorari cases shall be approved by the presiding officer of the police court. Section 5.17. Same - Affidavit in forma pauperis. Nothing in this article shall prevent the defendant if such defendant desires to certiorari the case, from filing the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the costs. Section 5.18. Same - Affidavit, bond to act as supersedeas. Upon the affidavit provided for in section 5.17 being made or the bond provided for in section 5.16 being given, the same shall act as a supersedeas of the judgment sought to be reviewed by certiorari, until the final judgment is rendered in the case. Section 5.19. Same - Rules and regulations applicable. All certiorari shall be governed under the same rules and regulations, except as otherwise provided herein, as are provided by law for the carrying of cases by certiorari from the Probate Court to the Superior Court.

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ARTICLE VI. POWERS OF CITY GENERALLY Section 6.1. Enumeration of powers not exclusive. The enumeration of powers in this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof, the city shall have and may exercise all other powers which under the constitution and laws of this state, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the city shall extend to all matters of local and municipal government. Section 6.2. Corporate powers enumerated. The city council shall have the following powers: (1) Acquisition, disposal of property. To acquire property, within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease, or lease with privilege to purchase, for any municipal purpose, and may sell, lease, hold, manage and control such property as specified and provided for; (2) Furnishing public service. To furnish all local public services, as herein specified and provided for; (3) Public utility franchises. To grant local public utility franchises and regulate the exercise thereof; (4) Taxation. To assess, levy and collect taxes for general and special purposes on all subjects or objects which the city may lawfully tax; and to provide by ordinance for reporting all property in the city subject to taxation by the city, whether such property be realty or personalty, tangible or intangible, and to require all persons owning such property to file a written statement and description of such property with the fair market value thereof under oath; and to prescribe by ordinance a penalty for failure to make such return or report within the time prescribed by ordinance. Such penalty shall be a lien upon property of the defaulter and shall be collected in the same manner as the taxes of the city. Such penalty shall be established at the discretion of the city council at the time taxes are levied; (5) Bonds, notes. To borrow money on the faith and credit of the city by the issuance and sale of bonds or notes of the city;

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(6) Appropriations. To appropriate the money of the city for all lawful purposes; (7) Public works and improvements. To create, provide for, construct, regulate and maintain all things in the nature of public works and improvements, including the power of eminent domain; (8) Assessments for local improvements. To levy and collect assessments for local improvements on property benefited thereby; (9) Licensing, regulating businesses, trades, etc. To license and regulate persons, corporations, associations, and other entities engaged in any business, occupation, profession or trade; (10) Abatement of nuisances, detrimental conditions. To define, prohibit, abate, suppress and prevent within the city, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof, and all things detrimental to the health, morals, safety, convenience or welfare of its inhabitants; (11) Purity of water supply. To make all needful regulations applicable within and without the city, for securing and preserving the purity of its water supply; (12) Preservation of public health. To do all things necessary or desirable to secure and promote the public health; (13) Construction, size, use of buildings. To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings, signs and signboards and other structures; (14) Streets, public places. (a) To regulate and control the use, for whatever purpose, of the streets, sidewalks, alleys, ways and other public places of the city, and to open and close streets; (b) To pave or otherwise improve the whole or any part of any street, sidewalk, alley, way or other public place of the city, without giving any railroad company, or other property holder or occupant on the street, sidewalk, alley, way or other public place the option to pave or otherwise improve the same or any part thereof by themselves or by contract;

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(c) To remove any building, stall, booth, tent, awning, steps, gate, fence, post, wire, stump, tree, structure, pole, or other obstruction or nuisance in a public street, sidewalk, alley, way or other public place or so near thereto as to constitute a defect or render the city liable in damages for not removing it, or cause the aforesaid to be removed at the owner's expense if the owner shall fail or refuse to remove the same within such reasonable time as may be fixed by order of the presiding officer of the police court or other designated official of the city, and execution shall issue against said owner for the expense thereof as in case of executions for unpaid taxes, and said owner shall also be subject to punishment for maintaining a nuisance; (d) To regulate, lay out, open, relocate, straighten, improve, grade, and control old and new streets, alleys, sidewalks, street curbing, street crossings, and other public places, and no person or corporation shall at any time hereafter lay out, locate, relocate, open, extend, or close any street, alley, way, sidewalk, park, square or other public place contrary to the plan of the city or without the consent of the city council, and any application for this purpose shall, with an appropriate plat, first be filed with such officer as the city council may designate by ordinance, and notice thereof shall be given the public or parties in interest by publication as required by law and the ordinances of the city. If such application is granted, the owner shall relinquish all rights and title to the area involved and the same shall pass to and become vested in the city, and all management and control over the same shall pass unequivocably to the city; (15) Dog license; animals. To impose and collect a license and a tax on dogs within the city in such a manner and mode as it may deem best; and to regulate, suppress and prohibit animals at large in the city; and to regulate the keeping of animals; (16) Building trades and professions. To license electricians, plumbers, contractors and others and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe by ordinance the minimum requirements in such examinations, and to appoint the members of such boards; (17) Replacing, etc., old sewers, streets, etc. To condemn or cause to be condemned defective sewers, street pavement, street curbing, or sidewalks within the city to be condemned, reconstructed, replaced or repaired, as the case may require, at the expense of owners of lots of real estate abutting thereon (or against the real estate and

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owners thereof for whose sole benefit such improvements exist in case of sewers laid solely for the benefit of persons other than owners of real estate abutting thereon), and assess the cost thereof (or in case of street paving such part of the costs as the council shall deem just and proper) against such abutting lots of real estate and the owners thereof (or in case of sewers constructed solely for the benefit of persons other than abutting lot owners against other real estate, and the owners thereof for the sole benefit of which such sewers exist), as in the case of original construction of the same kind of improvements; (18) Civil Service; retirement. To provide, by ordinance, a civil service system for city officers and employees and/or provide by ordinance for a system of retirement for city officers and employees, which retirement system may be that of old age and survivor's insurance; (19) Subdivisions. To regulate the subdivision of land in the city by requiring and regulating the preparation and presentation of preliminary plats, by establishing minimum improvements to be made or to be guaranteed to be made by the subdivider, by setting forth the procedure to be followed by the planning commission in applying rules, regulations, and standards, and by providing for penalties for violation of such rules, regulations, and standards; (20) Offices, departments, personnel. To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; (21) Police, sanitary, similar regulations. To make and enforce local police, sanitary and other similar regulations; (22) Ordinances generally. To pass such ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city and for the performance of the function thereof; (23) Imposition of fines and penalties. To try and punish all offenses and violations against the laws and ordinances of the city; and upon conviction to punish offenders as provided in section 5.13; (24) Building numbering. To establish a system of numbering buildings in the city, and to assign appropriate street numbers to the various buildings on the various streets and ways of the city, and to compel said buildings to be properly numbered;

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(25) Sewers. To control by ordinance the time, manner, terms, conditions, and places of all sewer connections and how much surface or drainage water may flow into such sewers, and the terms and conditions on which it will be permitted and at what points; and generally all matters relating to the construction use, control, maintenance, repair, replacement, improvement and removal of sewers and sewer connections, and the curring and replacing of pavement and other adjacent structures shall at all times be under the control and regulation of the city council in its fair and legal discretion; (26) Culverts, pipes, drains, sanitary fixtures. To control by ordinance the construction, maintenance and removal and replacement of all city culverts, pipes, sewers, drains, private drains, water closets, urinals, privies, toilets, and the like, and provide for their location, structure, size and use, and pass such ordinances concerning them and their use in all particulars, as may be deemed best for the health, comfort and general welfare of the inhabitants of the city. The city council shall have power and authority to prescribe by ordinance the kind of water closets, urinals, privies and plumbing which shall be used in the corporate limits, and to condemn and compel the disuse of same when they do not conform to such requirements, or when they shall become and are declared a nuisance by a court having jurisdiction. The council shall also have power and authority to compel the owners of property within the city to connect water closets, sinks, commodes and urinals on their property with the sewers and sanitary system of the city when such property is located within a reasonable distance of such sewer, and under such rules and regulations as may be prescribed by ordinance. If any property owner shall fail or refuse to make connections as required by city ordinance or resolution, such owner shall be punished as provided by ordinance; (27) Contracts with other political subdivisions. To contract with other municipalities and political subdivision, and to cooperate with other municipalities and political subdivisions, in acquiring, establishing, constructing, building, maintaining and operating such garbage disposal, water, and sewerage, and electric, gas and other energy plants, lines and facilities, and streets, sidewalks, parks and public buildings, within and without the limits of the city, as well as libraries and other institutions, utilities and services, in addition to existing plants, systems, building, facilities, lines and services, as the city council may at any time deem for the best interest of the city;

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(28) Additional powers. To exercise, in addition to the powers enumerated in this section, all powers that now are, or hereafter may be, granted to municipalities by the constitution or laws of the state; and all the powers of the city, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by law or by ordinance or resolution of the council. Section 6.3. Nuisances. (a) Order adjudging and abatement. The city council may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expense upon the owner's failure or refusal to abate same within the time prescribed by ordinance after written notice from the city to do so. (b) Abatement notice to nonresidents. In nuisance abatement proceedings by the city, where the nuisance consists of a condition of property of an individual residing without the limits of the city or of a corporation having its office without the limits of the city, notice shall be served upon such owner or such owner's agent within Turner County, if either can be found within the county, but if said owner cannot be served in such manner, a warrant for the arrest of such individual owner shall issue against such owner and shall be executed by any sheriff, deputy sheriff, constable, marshal, police officer of any city, town or county in this state, and the presiding officer of the police court shall cause such nuisance to be abated at the expense of such owner, and an execution for such expense shall be issued by the city clerk, which execution shall be levied on any real estate or personal property of the accused which may be located within the city or wherever it may be found, and such expense and execution shall constitute a lien against all property of such accused owner, which lien shall be prior and superior to all other liens except liens for taxes. Property levied upon under such action shall be advertised and sold as property is sold for taxes in the city, unless such levy is arrested by affidavit of illegality or other appropriate proceedings, and all further proceedings in relation to such execution shall be the same as in case of executions of the city for street paving costs and similar assessments. Section 6.4. Public health and sanitation. The city council of the city shall have the power and authority to provide for the inspection and regulation of the sanitary condition of all premises within the city limits; for the removal of garbage, sewage, refuse and

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unsanitary or offensive vegatation; to provide for establishing a lien against affected property for any expenses incurred by the city in enforcing this provision; and to provide for the making and enforcing of all proper and reasonable regulations for the health and sanitation of the city and its inhabitants. Section 6.5. Building, repairing, removing of buildings, other structures - Generally. (a) Scope of authority. The city council shall have full power and authority to regulate the building or the repairing of any buildings or other structures within the corporate limits of the city or the removal thereof; to require persons desiring to build, repair or remove buildings or other structures in the city to first obtain a permit from the city council, or from such officer as shall be authorized to grant the same, before erecting, repairing, or removing same; to refuse to allow buildings or other structures to be erected, repaired or removed in the city when satisfied that said buildings or other structures or additions thereto, or repair thereof, or removal thereof, would be manifestly against the best interests of the city or would endanger the safety or health of the citizens or be likely to become a nuisance and offensive to the property owners or residents of the city, to require applications for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom they shall be filed; and to provide for the removal, at the expense of the owners thereof, of buildings or other structures erected, repaired or removed in violation of such rules and regulations as may be prescribed by the city council for the building, repairing or removing of buildings or other structures in the city. (b) Inspections. The city council shall have the power and authority to provide for the inspection of the construction of all buildings and other structures in respect to proper electrical wiring, piping for gas, flues, chimneys, plumbing and sewer connections; and to enforce proper regulations in regard thereto. (c) Ordinances to implement section. The city council is hereby authorized and empowered to enact all ordinances to accomplish the provisions of this section, and to provide a penalty for the violation of such ordinances. (d) Adoption of codes, rules. The city council may adopt by reference any code or set of rules published by any recognized trade or professional association, for carrying into effect the purposes of this section.

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Section 6.6. Same - Regulating safety of buildings and other structures. The city council shall have the power and authority to enact and enforce all ordinances and resolutions necessary to regulate the safety of all buildings and other structures. Section 6.7. Same - Exits, fire escapes; construction and sufficiency. The city council shall have the power and authority to require the construction of fire escapes, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided on buildings of every kind and character. Section 6.8. Unsafe buildings; fire protection and prevention. (a) Enactment, scope. The city council may enact all ordinances, rules and regulations necessary to lay out and prescribe a fire district or fire districts in the city, and to enlarge, change or modify the limits thereof from time to time; to prescribe when, how and of what material buildings and other structures may be erected, repaired or covered; how wall, chimneys, stovepipes and flues are to be constructed; to provide for fire escapes in buildings; and generally to do all such things and to pass such laws and ordinances as it may deem necessary in order to protect the city as far as possible from dangers from fire and to prevent the spread of fire from one building or structure to another, and for the protection and safety of the people. (b) Changing, removing construction. The city council shall have the authority to order any changes in the construction or arrangement of buildings and other structures, chimneys, stovepipes or flues, and to order the removal thereof when in its judgment the same are dangerous or likely to become so, and to make the owner of the affected premises pay the expense of such change or removal, which expense may be collected as taxes are collected. (c) Removal, alteration of building. If any person shall erect or maintain any building or other structure that is not in accordance with the laws and ordinances of the city, the city council may order such person to remove or alter the same within the time limit specified therefor, and if such person shall not remove or alter such building or other structure after such notice to do so is given, then the city council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected.

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(d) Adoption of codes, rules. The city council may enact ordinances adopting by reference any code or set of rules published by a recognized trade or professional association, for the prevention of fires or protection against fires. Section 6.9. Policing public places, protecting water supply. The city council shall have the power to police all parks, public ground, streets, alleys and other public places owned by the city, within or without the city limits, to prohibit the pollution of all sources of water supply of the city; and to provide for the protection of water sheds. Section 6.10. Franchises, permits, easements and rights-of-way - Granting. (a) Scope of authority. The city council shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over the streets, alleys, squares, sidewalks, parks and other property of the city, upon such terms, conditions, reservations, restrictions and limitations as the city council may fix and prescribe; provided however, that the same shall not be granted for a period longer than authorized by the state constitution or law, nor without adequate compensation to the city; provided further, that such franchises, permits, easements and rights-of-way shall be subject to taxation by the city. (b) Application, notice, granting. The city council shall have the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit or right-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchise, permit, easement or right-of-way, if granted, shall become operative and when it shall terminate; and generally to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice, and the granting of same as the city council may deem necessary or advisable. (c) Ordinances to implement section. The city council shall have the right and power to pass such ordinances as may be necessary to accomplish the provisions of this section and to prescribe penalties for the violation of said ordinances. Section 6.11. Same - Erection of structure in street, sidewalk, public place. The city council shall have full power and authority to grant the right to erect or maintain a structure or

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obstruction in a public street, sidewalk or other public place, upon such terms and conditions and subject to such restrictions as the city council shall deem appropriate. Section 6.12. Railroads - Improvement, maintenance and repair of rights-of-way. The city council shall have full power and authority to enact all laws and ordinances to require any railroad company having or which may hereafter have tracks running in, along, across or through the streets, alleys or public ways of the city, which have been improved, to macadamize or otherwise pave and improve as the city council may direct, the width of their tracts, and two (2) feet on each side thereof, and to require said companies to repair or repave the aforesaid portions as the city council may direct; and the city council shall have the power and authority to enforce the provisions of this section by appropriate ordinances. Section 6.13. Same - Speed and operation of trains. The city council shall have full power and authority by ordinance to regulate the speed and operation of all railroad trains on, along or across the streets, alleys and other public places of the city; to require railroad companies to station guards or warning signals and devices at street crossings; to make it a penal offense for any railroad company, its agents or employees, to block or obstruct any street crossing with railroad trains, cars or engines any longer than is necessary for said trains, cars or engines to pass over said crossings; to prohibit more than one train from crossing or running parallel with another train at the same time across a street crossing; and to regulate in any other way the running or operation of railroad trains within the city limits, as it may deem necessary to protect and safeguard the public and to provide penalties for the violation of any of the provisions of this section. Section 6.14. Planning and zoning. (a) The city council is hereby authorized to pass and enforce planning and zoning laws whereby the city may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein, provided said planning and zoning laws are consistent with the constitution and conform to the provisions of Chapter 69-12 of the Code of Georgia of 1933, as amended, which the city by and through its council may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare.

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(b) It may create a board of zoning appeals, which board shall hear and decide appeals from and review any order, requirement, decision or determination made by the inspector of buildings in the enforcement of the zoning regulations. The city council may authorize the board of zoning appeals to administer the details of the application of any zoning regulation and may delegate to such board, in accordance with general rules set forth in the zoning ordinances, power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein, and such other administrative powers and functions as may be delegated by the city council, either in whole or in part, to such board of zoning appeals. Section 6.15. Licensing, regulating control of signs, billboards. The city council shall have power and authority by ordinance to license, regulate, control and prohibit the erection of signs or billboards; and to provide penalties for the violation of any of the provisions of such ordinances. Section 6.16. Regulating traffic; off-street parking. (a) The city council shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and all other kinds of vehicles in the city, whether said vehicles are propelled by hand, foot, steam, electricity or other motive power; to prescribe the rate of speed and the manner in which the same may be run, and the qualifications of the drivers, chauffeurs and operators of said vehicles; to provide for the registration of said vehicles, and to do every act and thing necessary or incident to the safety of the same and of the public. The city council shall have the authority to accomplish the provisions of this section by ordinance and to provide penalties for the violation thereof. (b) The city council shall have the power and authority to construct, maintain and operate off-street parking facilities, and to acquire land and other necessary property for such purposes and to charge, contract for and receive rentals and parking fees for the use of such facilities and parking spaces therein. Section 6.17. Regulating vehicles for hire. The city council shall have the full power and authority, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers or freight or other thing; to provide for the inspection of same; to fix the rates of fare therefor; and to fix and prescribe penalties for violation thereof.

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Section 6.18. Regulating plumbers and plumbing. The city council shall have the power and authority by ordinance to provide for the regulation and control of plumbers and plumbing work, and to secure efficiency in the same. Section 6.19. Regulating storage, sale of explosives, combustibles; sale, discharge of fireworks. The mayor and council of the city shall have the right, power and authority, by ordinance, to regulate the keeping of gunpowder, dynamite, petroleum oils, turpentine, and any and all other kind of explosives or combustible materials; to regulate the sale and use of firecrackers, torpedoes, sky rockets, and any other kind of fireworks; to prohibit the firing or use of them within the limits of said city; and to prescribe penalties for violations of such ordinances. Section 6.20. Regulating the keeping, handling of animals and fowl - Generally. The city council shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowl from running at large in the city; to regulate, prevent or prohibit the keeping of certain animals within the city, or to regulate the number and manner in which they must be kept, if allowed, and shall have full power and authority to take up and impound any of such animals and fowl and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the city council to carry out and accomplish the purposes of this section. Section 6.21. Same - Taxation, registration, keeping of dogs. The city council shall have the power and authority to levy and collect such tax as it may deem proper upon dogs kept within the city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances. Section 6.22. Same - Establishment, operation of municipal pound. The city council shall have the power and authority to establish a pound for the impoundment of animals, and to change the same whenever it sees proper, to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where no owner appears, or when payment of the impoundment fees charged, penalties, or costs is refused; to provide for the disposition of the

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proceeds of the sale of impounded animals; and to provide for the punishment of all persons who, without authority, shall break into the pound or interfere with the operation thereof. ARTICLE VII. FINANCE AND TAXATION Section 7.1. Authority to borrow money. The city council of the city shall have the power and authority to borrow money for the use of the city by obtaining a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one (1) percent of the assessed value of the taxable property within any one (1) year; the sum or sums so borrowed shall be paid from the income of the city for the fiscal year in which the loan or loans are made, and before the expiration of the fiscal year in which the same were made. Section 7.2. Authority to provide for depository of city funds. The city council of the city may select some bank in the state as a city depository, and may require the treasurer or other appropriate officer of the city to deposit all funds of the city therein. Said depository may be selected upon such rules, regulations, conditions and requirements as the city council may by ordinance prescribe. Section 7.3. Group insurance for city officers and employees authorized; deduction, etc. (a) The city council is hereby authorized and empowered to make deductions periodically from the wages and salaries of its employees and officers, excluding the mayor and councilmembers themselves, with which to pay the premium for life, health, accident, hospitalization, or annuity of such officers or employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby the kind of group insurance desired by the officers and employees may be furnished to them and the premiums therefor remitted periodically by the city. (b) The participation in such group insurance by such officers or employees shall be entirely voluntary on the part of such persons at all times. Any officer or employee, upon and payday, may withdraw or retire from such group plan upon giving notice in writing to such person's employer directing the discontinuance of deductions from such person's wages or salary in payment of such plan. (c) The city council in carrying out any provision of this section shall have the right to contribute or pay any part of the premium due

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on the coverage afforded its officers and employees for the plan of protection afforded, out of the general funds of the city. Section 7.4. Levy of ad valorem tax for general city purposes. (a) Amount, scope of tax. The city council shall have power and authority to levy and collect a tax annually, for general city purposes, of not more than twenty-two and one-half (22 1/2) mills, upon each dollar of assessed valuation, upon every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale as the city council shall provide. (b) Due date, collection. The city council shall have power and authority to provide by ordinance when such taxes of the city shall be due, in what length of time such taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of taxes when due. Section 7.5. Authority to assess, levy and collect ad valorem tax for bond purposes. (a) Scope of authority. The city council shall be authorized and empowered to annually assess, levy and collect, in addition to all other taxes authorized to be levied under this charter, a tax on all the property, both real and personal, in the corporate limits of the city in such sums as it may deem right, proper and necessary for the specific purpose of paying the interest on all bonds outstanding, or which are issued under the provisions of this charter, and also to create a sinking fund sufficient to redeem and pay off all bonds outstanding or which are issued under the provisions of this charter, at their maturity. (b) Use of funds. All taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and shall be used solely for the payment of the interest on all bonds as it accrues and for the creation and accumulation of a sinking fund for the payment of the principal of all bonds outstanding against the city or which are issued under this charter. (c) Due date, collection. The city council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time such tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due.

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Section 7.6. Authority to assess, levy and collect ad valorem tax to assist development authority. (a) Scope of authority. The city council shall have power and authority annually to assess, levy and collect a tax not exceeding the number of mills on each dollar of assessed valuation as prescribed by law upon every species of property, both real and personal, in order to assist in defraying the cost of operation of a development authority should one be hereafter created for the benefit of the city, by making appropriations thereto. (b) Due date, collection. The city council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time such tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 7.7. Authority to assess, levy and collect garbage and sanitation tax. (a) Scope of authority. The city council shall have the power to assess, levy and collect an annual tax in an amount necessary to defray the cost of garbage collection service, upon every city lot occupied by a resident, and upon each store or other place of business in the city. Vacant lots shall not be assessed. (b) Prerequisites. Before the imposition of such tax, the city shall establish a city garbage collection system and operate it at all times for the collection of all refuse and garbage from all lots so taxed for sanitary purposes, which the city is authorized to do by ordinance. (c) Use of funds. The funds arising from this tax must be used for the purpose of city sanitation and for no other purpose. Section 7.8. Returns of property for taxation; determination of due dates. The city council shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so, to double tax defaulters, after due notice and hearing to be prescribed by the city council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; and to prescribe the time or times at which said returns are due.

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Section 7.9. Contesting assessment of property for taxes. If any taxpayer is dissatisfied with the assessment made of such person's property, either real or personal, such taxpayer may proceed as authorized by the laws of the state. Section 7.10. Licensing, regulating businesses, occupations, trades, callings and pursuits. (a) Scope of authority. The city council of the city shall have the right and authority to tax, license, regulate and control by ordinance, all businesses, occupations, trades, callings, pursuits and professions and any and every other type of commercial activity conducted or carried on in the city, and which under the constitution and laws of this state are subject to license, regulation and tax. (b) License restrictions. The city council shall also have the right by ordinance to fix and prescribe the amount of said taxes and licenses; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this section; and to provide penalties for the violation of any of the provisions thereof. Section 7.11. Registration, special tax on trade, business, vocation, profession, calling, pursuit. The city council shall have full power and authority by ordinance to require any person, firm or corporation, whether a resident or nonresident of the city, engaged in or carrying on or who may engage in or carry on any business, trade, pursuit, calling, vocation or profession, within the corporate limits of said city, either by themselves or by their agents, to register their names and business, trade, pursuit, calling, vocation or profession, annually and to require such person, firm or corporation to pay for such registration such amount as the city council may by ordinance prescribe; and to provide for the punishment of all persons, firms or corporations who are required by ordinance to pay said special tax and register, who shall engage in or offer or attempt to engage in such business, trade, pursuit, calling, vocation or profession without first complying in all respects with the ordinance in reference thereto. Section 7.12. Executions for taxes, licenses, other demands. (a) Issuance, contents, procedure thereunder. Executions for any taxes or licenses, or demands of any sort, due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the city clerk,

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be signed by the city clerk, bear teste in the name of the mayor, and be directed to the chief of police of the city and the chief's deputies and to all and singular the sheriffs, deputy sheriffs and constables of this state, commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they levy upon and sell for the amount due on the execution with all costs. The city council shall, by ordinance, provide the time, place and advertisement of, method of conducting, and all regulations governing sales by the chief of police under said executions. The sheriffs, deputy sheriffs and constables of this state shall proceed in the same manner to levy and collect said executions as they do executions issued from the respective courts of which they are an executive officer. (b) Laws, presumptions governing executions. All executions issued by the city clerk for taxes, license fees, special assessments, fines or forfeitures, due the city shall be governed by the laws governing executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to execution for state and county taxes. (c) Laws, rules, presumptions governing deeds. All deeds executed under levy of executions in favor of the city for taxes, licenses, special assessments, fines or forfeitures, shall be governed by the laws and rules of execution which apply to deeds executed by the sheriffs under levy of executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds executed by sheriffs under levy of executions for state and county taxes. ARTICLE VIII. PUBLIC PROPERTY: IMPROVEMENTS Section 8.1. Mayor to sign deeds and contracts. The mayor shall sign all deeds and contracts made for or by the city which shall have been ordered or approved by the city council duly assembled. Section 8.2. Conveyance of property sold under process of city. Whenever any real property is sold under any process of the city the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such

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property that may be sold under execution for city taxes shall be subject to redemption, within the period allowed by law, of property sold under execution for state and county taxes. Section 8.3. Condemnation of property for public purposes. (a) Scope of authority. The city council shall have full power and authority to condemn property for the purpose of establishing, laying out, opening, widening, straightening, grading, or in any way changing, streets, sidewalks, alleys, squares, recreation areas and parks, within or without the city, and for the purpose of establishing, extending, enlarging, improving or maintaining waterworks systems, sewerage systems, drainage systems, natural gas systems, electrical systems, power systems of any nature, garbage disposal facilities, cemeteries, or any other public works, public service, or public utility, within or without the city. (b) Exercise of power. Whenever the city council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general laws of this state with reference to the condemnation of private property for public use as contained in the Code of Georgia of 1933, as amended, having reference to the condemnation of private property for public use, and as provided by Acts amendatory thereof, and in particular Part II, Title 36, as amended. Section 8.4. Hospitals, similar institutions; establishment, operation. The city council shall have power and authority to establish, maintain and regulate such hospitals, orphanages and charitable institutions as may be deemed expedient by it. Section 8.5. Authority to regulate cemeteries. (a) Generally. The city council shall have the exclusive jurisdiction over all cemeteries belonging to the city. It may make such appropriations as may be necessary for the care and supervision of same, and may enact ordinances and provide penalties for the purpose of preventing trespass thereon. (b) Fees and charges. The city council may regulate the charges for lots, grave-digging, interment, disinterment, and everything pertaining to the proper care and operation of such cemeteries;

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including the sale of lots or right to bury thereon. It may prescribe such fees for burials as it may deem proper, and may enforce the collection of such fees, as it may by ordinance provide. Section 8.6. Control of parks and playgrounds. The mayor and council of the city shall have exclusive control over all city parks and playgrounds, and the power and authority to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings and providing amusements therein, and for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Section 8.7. Regulation of obstructions, encroachments and encumbrances of streets. The city council shall have the power to control, regulate and remove all obstructions, encroachments and encumbrances on any public street, alley or other public place, and to regulate and control the moving of buildings and structures of any kind or character upon and along the same. Section 8.8. Authority over streets and public places generally; assessing cost of improvements. (a) Scope of authority. The city council shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks, squares and other public places of the city, and shall have full power and authority to open, lay out, close, narrow, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks, and squares of the city; and shall have the power to lay out, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, sidewalks, crosswalks, cross drains, drains and gutters or any of them for public use or to lay wires, lines or pipes, throughout the streets, squares, lanes, alleys, parks and public places of the city, upon such terms and conditions as the city council may by ordinance provide. (b) Assessment of cost. The city council may assess not more than two-thirds (2/3) of the entire cost of any or all of the improvements or work described in subsection (a), against the abutting property and the owners thereof, including street and railroad property and the owners thereof, according to the proportion that such abutting property bears to two-thirds (2/3) of the cost of such improvements or work and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof, including railroads thereon, by execution issued against such property and such owners.

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(c) Equalizing assessments. The city council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose stated above, as may be just and proper, estimating the total cost of each such improvement made, and prorating the cost thereof, or such part as is to be borne by the abutting property and the owners thereof, on the abutting real estate, and owners thereof, according to the proportion such abutting real estate bears to two-thirds (2/3) of the cost of such improvements or work on or along such street, sidewalk, avenue, alley, lane or other public place, or according to the area or value of said real estate, any or all, as may be determined by ordinance. (d) Lien of assessment. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the improvement or work and making assessment. (e) Collection of assessment. The city council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement, as aforesaid, by execution issued by the city clerk against the real estate so assessed and the owner thereof for the amount thus assessed; which execution may be levied by the chief of police of the city on such real estate or other property owned by the owner thereof, without such levy, being open to the charge of being an excessive levy, and after advertising and other proceedings, as in case of tax sales under existing ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as is now provided for tax sales by the city; provided, that all advertisements may be made in the official organ of the city. (f) Contest of assessment. To any execution issued under the provisions of this section the defendant shall have the right to file an affidavit of illegality to judgments under the practice of the Superior Courts of the state, denying that the whole or any part of the amount for which such execution issued is due, and the reason the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned for trial to the Superior Court of Turner County, Georgia, and there tried and the issues determined as in other cases of illegality, subject to all the penalties provided for in cases of illegalities filed for delay only.

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(g) Priority of assessment. The lien of such assessments and the executions issued thereon on abutting property, including that of railroads, and the owners thereof, for any such improvement contemplated and provided for by this section shall have rank and priority of payment next in point of dignity to liens for taxes, as provided by the constitution and laws of the State of Georgia, and of the United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work or improvement in each case. (h) Application to maintenance, repair. The city council shall have full power and authority to prescribe by ordinance such rules as it may in its discretion deem necessary and proper, to grade, pave, curb, macadamize, repair, drain or lay sewerage along or upon or otherwise improve any or all of the streets, avenues, alleys, lanes, sidewalks, or other public places in said city, and assess not more than two-thirds (2/3) of the costs or expenses against abutting property, and the owners thereof, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as it may see fit and proper. (i) Publication required. One (1) publication of such ordinance for any of the work and improvements contemplated by this section, in the newspaper designated as the official organ for the city shall be sufficient notice to the abutting property owner or the owners of any railroad having property or tracks abutting on such streets, sidewalks, avenues, lanes, alleys, or other public places in the city, of the contents and provisions of such ordinances, and of the fact that such improvements are to be made. (j) Service of notices. Any other notices deemed necessary or desirable to be made on abutting property owners by the city may be made in person or by leaving at the residence of the person to be notified if a resident of the city, but if such person is not a resident of the city then such notice may be served by publishing it for such time as may be prescribed by ordinance, and such publication in the official organ of the city shall be sufficient; provided further, that if said abutting property is owned by a partnership or by tenants in common, notice to any one of such owners shall be deemed sufficient, and if such real estate is owned by a minor or other person laboring under legal disability, notice to such minor or person laboring under

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legal disability and such person's guardian, if any, shall be deemed sufficient service of such notice; if such minor or person laboring under legal disability be a nonresident or absent from the city for more than ten (10) days, service may be made by publication as hereinbefore provided. (k) Issuance of negotiable certificates. In addition to the authority hereby vested in the city council to issue executions for such improvements as are herein provided, covering the assessments in question, the city council shall have authority to issue paving, curbing, macadamizing, grading, draining, or sewerage certificates, one or all, in the name of the city, in behalf of or payable to the contractor or other person, corporation or concern, which certificates shall be made negotiable, shall be issued in such denominations and payable at such time or times, either for one (1) year or more than one (1) year, in the discretion of the city council, and shall bear such legal rate of interest as may be fixed by the council, interest to be payable annually or semi-annually, and principal and interest to be paid at such place or places as may be fixed by the city council; said certificates to be based upon the executions issued against the abutting property and the owners thereof for such street or sidewalk improvements aforesaid. (l) Negotiation of certificates. The city council shall have authority to negotiate such certificates when issued to contractors for such improvements or parties furnishing material therefor, in settlement of such paving improvement provided herein, or for labor or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and thereby obtain the money to pay for such improvement. (m) Payment of certificates. The city shall have the authority to collect assessments for such improvement under such execution as may be issued by authority of the city, and use the money to pay for such improvement certificates thus issued, and to prescribe the term, the rate of interest and the time and place of payment of such executions and of such improvement certificates. (n) Additional powers. The city, through its council, shall have all other and necessary authority to accomplish such improvements, in a manner to be provided by proper ordinances to be adopted by the city.

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Section 8.9. Maintenance, drainage, repair of streets, etc. (a) Scope of authority. The city council shall have full power and authority to pass all laws and ordinances necessary for the drainage and proper maintenance and care of the streets, alleys, sidewalks and other public places of the city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the pavement, curbing, grade or drainage of the same, whenever in the judgment of the council, the same becomes necessary or advisable. (b) Manner of payment. The city council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent landowners or by both, as provided in this article. Section 8.10. Construction, paving, repair of pavements by abutting owners. (a) Authority of city to require work. The city council shall have full and complete power and authority to direct the mode, manner and style in which all street crossings, sidewalks, and pavements shall be constructed, paved, or repaved, by the abutting property owners, and in case of failure or refusal of any property owner, after ten (10) days' notice to comply with the ordinance of the city in reference to the construction, paving or repairing of the sidewalks, pavements or street crossings, the city council is hereby authorized and empowered to prescribe penalties for failure to comply. (b) City may do work. The city council may also direct city officers or employees to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance. (c) Execution for expenses. The city council shall be empowered to issue execution for said bill of expense against said owner, and to levy and collect the same, as in cases of execution for taxes. Section 8.11. Supervision, regulation of public work. The city council may prescribe by ordinance or resolution any and all public work to be performed in the city and the method of doing the

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same, and shall have charge of the performance of all such public work. Section 8.12. Fixing manner of executing public work or improvement. Any public work or improvement may be executed either by contract or by direct labor, as may be determined by the city council. Before authorizing the execution by any city department of any work or improvement, detailed plans and estimates thereof shall be submitted to the city council by said department, and there shall be separate accounting as to each work or improvement so executed. Section 8.13. Bond issues for debts and public improvements. The city may issue bonds for the payment of its debts or for public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia as found in the Code of Georgia of 1933, as amended. Section 8.14. Removal of weeds, debris, overhanging limbs. The City council shall have power and authority to remove within a reasonable time, weeds, debris and low-hanging branches from sidewalks and to require the owner, agent or lessee owning, occupying or controlling the abutting property to remove all such weeds, debris and all low-hanging limbs from trees adjacent to such sidewalks. ARTICLE IX. CITY UTILITIES AND SERVICES Section 9.1. Establishing, maintenance and use of utility systems. (a) Authority. The city council shall have power and authority to provide for water systems, sanitary sewer systems, natural gas systems, electric systems, and other utility systems, and for the maintenance thereof; to require property owners to make connection from their premises to such systems; to provide for fixing a lien against the premises of any property owner who fails or refuses to make such connections; to charge the cost against the owner and make it a personal liability; and to fix penalties for failure to make such connections. (b) Discontinuance of private facilities. The city council shall have power and authority to require all surface wells, dry wells or similar places to be filled in at the expense of the owner, or any

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other such private facilities to be abandoned, and should the owner fail or refuse to fill the same within a reasonable time as the council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected. (c) Ordinances to implement section. The city council is hereby authorized and empowered to enact such ordinances as may be necessary to fully accomplish the provisions of this section. Section 9.2. Extension, etc., of utility systems. (a) Authority of city. The city council shall have the power and authority to establish, maintain, equip, repair, extend, enlarge, and in any way improve any existing utility system of the city for the purpose of supplying its inhabitants and the city and consumers generally, with the product or service of such utility water; and the city council shall have the power to do all things necessary for such purpose, to contract with any persons, firms or corporations, for the purchase of land or premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of the city, and if necessary for any or all of such purposes to condemn the same as hereinafter provided. (b) Purchases, construction. The city council, in the name of the city, shall have full power and authority to make purchases of plants, machinery and all articles and things that may be necessary or advisable for the proper equipment of said plants and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging or in any way improving said plants; to build and erect structures, build, shape and furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and generally to have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvement of said plants, or the extension or enlargement thereof. The right to repair and maintain said plants, and to purchase such articles and things for such purposes, shall be exercised by the city council. Section 9.3. New utility systems. The city council shall have the full power and authority to establish and maintain new systems of waterworks, electricity, sewerage, natural gas, and other utility systems, or any of them, whenever it may be necessary or advisable for the purpose of furnishing and supplying the inhabitants of the city

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and the city and consumers generally with water, sewerage, electricity, natural gas, and other utility products or services, or any of them, and when such power and authority is exercised, the council shall have the same rights, powers and privileges and shall be subject to the same duties and responsibilities for the erection, equipment, care, maintenance, repairing and improvement thereof, and the making and enforcement of contracts for the furnishing of services from such systems, or any of them, to the inhabitants of the city and nonresidents thereof, together with the right to acquire, own, possess and condemn lands and premises for such purposes, whether within or without the limits of the city, as are herein conferred upon and granted the council respecting the present systems owned and operated by the city; provided, however, that the provisions hereof shall be subordinate to the provisions of existing franchises for such services. Section 9.4. Extending water, sewerage systems; assessment of cost. The city council shall have power to extend the water system and the sewer system at such time as the same shall be established, to any portion of the city within the corporate limits of the city, provided that two-thirds (2/3) of the cost of said extension is paid by the owners of the property to which said extension is made; and to extend said systems, or either of them, to any place beyond the corporate limits deemed feasible by the city council. The city council shall have power to provide for such extension by proper ordinance, including provisions that all cutoffs therefor be installed by the owners of the property served. Section 9.5. Condemnation of property for utility systems. The city council, in the name of the city, shall have full power and authority to condemn any lands or premises, within or without the city, for the purposes of establishing and maintaining waterwork systems, sewerage systems, drainage systems, natural gas systems, electrical distributing systems, other utility systems, or any of them, for the city, or for the purpose of maintaining, extending, enlarging or improving said systems, or any of them, and for either or all of said purposes, as provided in Section 8.3 of this charter. Section 9.6. Furnishing water, sewer, electric power, gas, garbage disposal services, etc. (a) Contracts authorized. The city council, in the name of the city, shall have the right and authority to make contracts with the inhabitants of the city, and to consumers generally, whether residents of the city or residents

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without the limits thereof, for the furnishing of water, electricity, power, sewerage, natural gas, garbage disposal, and other public facilities and services, or any of them, in the event such systems are hereafter acquired, operated and maintained, at such rates and under such rules and regulations as the city council may provide. (b) Fixing rates and charges. The city council shall have power and authority to fix all rates and charges made for any such public service owned and operated for and by the city. Section 9.7. Franchises for utilities and services. (a) Authority of city. The city council shall have full power and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electricity, power, sewerage, natural gas, garbage disposal, and other utilities and services, or any of them, to the city and its inhabitants and to make such contracts with such persons, firms or corporations for such services as the city council may deem proper. (b) Enactment of appropriate legislation. The city council is hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and accomplish the purposes of this section; provided, however, that no provision of an existing franchise shall be impaired. Section 9.8. Sale of electrical, water, gas, etc. plant and/or system. (a) Authority. The city council is hereby authorized and empowered by ordinance to contract to sell and sell upon such terms and conditions as it may determine, any water, electrical, gas, sewer, or other plant or system, owned by the city, including distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the city, and to cease operation of such system or systems, and to convey good and clear title thereto by deed of the city. (b) Election required. At such time and place as shall be fixed by the city council there shall be an election in the city by the duly qualified voters thereof, to authorize the selling of the system or systems, distribution lines and equipment, apparatus and property whatsoever belonging to the city, as the same then exists, said election to be held and determined as provided by the city council, in which election ballots shall be furnished setting forth the question whether such sale shall be consummated.

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(c) Effect of election. If a majority of the legal voters of the city cast their votes in favor of selling said plant and its equipment, then the city council shall be authorized to sell the same. If a majority of legal voters of the city cast their votes against the selling of the same, then the city council shall be without power and authority to sell said plant and equipment. (d) Notice of election. No election shall be held without first advertising the same in some newspaper published in the city once a week for four (4) weeks prior to the time of holding said election. (e) Place of election. Said election shall be held at the place of holding elections in the city for mayor and councilmembers. (f) Qualifications of voters. The qualifications of voters shall be the same as are required of voters in elections held in the city for mayor and councilmembers. ARTICLE X. DIRECTORY AND TRANSITORY PROVISIONS Section 10.1. Succession to rights, privileges, remedies, debts, liabilities. The City of Ashburn, as continued by this charter, shall succeed to all the rights, privileges and remedies of, and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of, the present City of Ashburn and its former governing authorities as heretofore incorporated. Section 10.2. Preservation of ordinances and resolutions. All ordinances and resolutions in force at the time of the taking effect of this charter, not inconsistent with its provisions, shall continue in force until amended or repealed. Section 10.3. Preservation of existing officers, salaries, fees, licenses, special taxes. Nothing in this charter shall affect the present officers of the city or their fees or salaries, or the licenses and special taxes or the tax rate fixed by the ordinances of said city for the current year. Section 10.4. Severability. If any provision of this charter shall be held to be unconstitutional or invalid for any reason, such

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provisions only shall be invalid, and all other parts of this charter shall not be affected thereby but shall remain in full force and effect. Section 10.5. Repeal of conflicting laws. All laws and parts of laws in conflict with this charter shall be and are hereby repealed. Section 10.6. Legal advertisement of notice of intention to apply for local legislation. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication of such notice as required by law, are attached hereto and made a part hereof, and it is hereby declared that all the requirements of the constitution of the State of Georgia relating to publication of notice of intention to apply for the passage of local legislation have been complied with. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981, Session of the General Assembly of Georgia, a bill creating a new charter for the City of Ashburn, and for other purposes. J. I. Youngblood, Mayor, City of Ashburn Georgia, Turner County. Personally appeared before me, a Notary Public within and for above State and County, Patti P. Currington, who, on oath deposes and says that she is the publisher of The Wiregrass Farmer and Stockman which is the official organ of Turner County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 1,8,15,1981. /s/ Patti P. Currington

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Sworn to and subscribed before me, this 3rd day of February, 1981. /s/ Hugh Wilson Notary Public-Georgia-State at Large. My commission expires August 2, 1981. (Seal). Approved April 9, 1981. ACT PROVIDING FOR VOLUNTEER LEGAL SERVICES IN CERTAIN COUNTIES AMENDED (550,000 OR MORE) (600,000 OR MORE). No. 688 (House Bill No. 658). AN ACT To amend an Act providing, in all counties in this State having a population of 600,000 or more according to the 1970 United States Decennial Census or any future such census, volunteer programs to provide legal services to low-income clients involved in civil actions, approved March 13, 1979 (Ga. Laws 1979, p. 3131), so as to change certain population brackets; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing, in all counties in this State having a population of 600,000 or more according to the 1970 United States Decennial Census or any future such census, volunteer programs to provide legal services to low-income clients involved in civil actions, approved March 13, 1979 (Ga. Laws 1979, p. 3131), is hereby amended by striking from Section 2 thereof the following:

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In all counties in this State having a population of 600,000 or more according to the 1970 United States Decennial Census, or any future such census, and inserting in lieu thereof the following: In all counties in this State having a population of 550,000 or more according to the 1970 United States Decennial Census, or any future such census, so that when so amended said Section 2 shall read as follows: Section 2. Creation of a program of volunteer legal services to poor people. In all counties in this State having a population of 550,000 or more according to the 1970 United States Decennial Census, or any future such census, the chief judge of the State Court of the county shall designate a nonprofit agency to develop, operate, and administer programs for the provision by attorneys within the county of volunteer legal services to low-income clients involved in civil matters within the jurisdiction of courts within the county. In designating such agency, the judge shall consult with the presidents of local bar associations within the county and with the directors of agencies within the county providing legal services to low-income clients in civil matters. Section 2. Said Act is further amended by striking from subsection (a) of Section 4 thereof the following: In all counties in this State having a population of 600,000 or more according to the 1970 United States Decennial Census, or any future such census, and inserting in lieu thereof the following: In all counties in this State having a population of 550,000 or more according to the 1970 United States Decennial Census, or any future such census, so that when so amended said subsection (a) shall read as follows: (a) In all counties in this State having a population of 550,000 or more according to the 1970 United States Decennial Census, or any future such census, there shall be collected by the clerk of the State

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Court of the county, in addition to any other fees or charges authorized by law, a fee of $1 from the plaintiff or other moving party in each civil suit, action, or proceeding for which fees are required to be paid by such party. Such fee shall be charged only once in each case, shall be charged at the time of filing of the first papers in the action, and shall not apply to cases filed in a small claims division of such court. Section 3. Said Act is further amended by striking from subsection (b) of Section 5 thereof the following: population of 600,000 or more according to the 1970, and inserting in lieu thereof the following: population of 550,000 or more according to the 1970, so that when so amended said subsection (b) shall read as follows: (b) The provisions of this Act shall apply in all counties in this State which have a State Court and which have a population of 550,000 or more according to the 1970 United States Decennial Census, or any future such census. 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 April 9, 1981.

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BROOKS COUNTYSMALL CLAIMS COURT CREATED. No. 689 (House Bill No. 670). AN ACT To create and establish a Small Claims Court of Brooks County; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for 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 of Brooks County. Such 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 Brooks County. 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 granishment, 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. (a) The judge of the small claims court in Brooks County who is serving on the effective date of this Act shall serve until

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the expiration of his current term and until his successor is appointed and qualified under subsection (b). (b) The Governor shall appoint a citizen of Brooks County to be judge of any such court for a four year term beginning from the time of his appointment. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the superior court of Brooks County or any judge of a city court located in Brooks County, on application of any party or the said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. 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. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claims, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in Brooks County by an official or person authorized by law to serve process in circuit courts; or by registered mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose.

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(c) When notice is to be served by registered mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned, the clerk shall attach the same to the original statement of claim, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five ($5.00) dollars, which shall cover all costs of the proceeding except of service of the notice other than by registered mail and as hereinafter provided, and the deposit of costs in cases of attachment, garnishment or trover shall be seven dollars and fifty cents ($7.50). 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.

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Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of the superior court presiding in Brooks County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof.

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Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses. Section 14. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 15. Appeals may be had from judgments returned in a small claims court, to the superior court, and the same provisions now provided for by law for appeals from probate courts to the superior court, shall be applicable to appeals from the small claims court to the superior court. Section 16. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law; Small Claims Court.

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Section 17. The judge serving at the time this Act becomes effective shall continue to serve until the expiration of his term of appointment and his successors shall be appointed by the then Governor of Georgia for succeeding terms of four years each, and until their successors are appointed and qualified. Section 18. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Section 19. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Brooks County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Brooks County which is created by this Act. Section 20. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Brooks County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore small claims court in Brooks County as created by an Act approved April 4, 1963 (Ga. Laws 1963, p. 2896), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981.

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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 July 1, 1981; provided, however, that if an Act entitled An Act to repeal an Act entitled `An Act creating a Small Claims Court in certain counties in this State; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to repeal conflicting laws; and for other purposes.', 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 30, 1977 (Ga. Laws 1977, p. 4215), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 3194); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to create a Small Claims Court of Brooks County; to provide for the jurisdiction practice, procedure, and officers of the court, and for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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This the 23rd day of January, 1981. Brooks County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves who, on oath, deposes and says that he/she is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: January 28, February 4, 11, 1981. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981.

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DOOLY COUNTYBOARD OF EDUCATION, REFERENDUM. No. 690 (House Bill No. 688). AN ACT To amend an Act establishing the membership of the board of education of Dooly County, approved April 6, 1967 (Ga. Laws 1967, p. 2922), so as to create new education districts for election of members of the board; to provide for the election, terms, and qualifications of members of the board; to provide for a referendum for approval or rejection of this Act; to provide for all related 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. An Act establishing the membership of the board of education of Dooly County, approved April 6, 1967 (Ga. Laws 1967, p. 2922), is hereby amended by striking in its entirety Section 1 and inserting in its place a new section to read as follows: Section 1. The board of education of Dooly County shall be composed of five members, one member being elected from and by the voters of each of the five education districts described below: Dooly County Education District No. 1 All that portion of Dooly County, Georgia, lying northerly and easterly of a line defined as follows: Begin at the point of intersection of the north county line of Dooly County, Georgia, and the center line of County Road No. 320; thence proceed in a southerly direction along the center line of County Road No. 320 to its point of intersection with the north corporate limit of the City of Unadilla, Georgia; thence proceed in a counterclockwise direction along the corporate limit of the City of Unadilla to its point of intersection with the center line of County Road No. 286; thence proceed in a southeasterly direction along the center line of County Road No. 286 to its point of intersection with the center line of County Road No. 241; thence proceed in a southeasterly direction along the center line of County Road No. 241 to its point of intersection with the center line of County Road No. 325; thence continue in a southeasterly direction along the center line of County Road No. 325 to its point of intersection with the

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center run of Cedar Creek; thence proceed in an easterly direction along the center run of Cedar Creek to its point of intersection with the east county line of Dooly County, Georgia. Dooly County Education District No. 2 All that portion of Dooly County, Georgia, with perimeter described as follows: Begin at the intersection of the center line of County Road No. 320 and the north county line of Dooly County, Georgia; thence proceed in a westerly direction along the north county line of Dooly County, Georgia, to its point of intersection with the center line of County Road No. 24; thence proceed in a southerly direction along the center line of County Road No. 24 to its point of intersection with the center line of County Road No. 23; thence proceed in a southerly direction along the center line of County Road No. 23 to its point of intersection with the center line of State Route 230; thence proceed in a westerly direction along the center line of State Route 230 to its point of intersection with the center line of County Road No. 133; thence proceed in a southerly direction along the center line of County Road No. 133 to its point of intersection with the center line of County Road No. 105; thence proceed in a southerly direction along the center line of County Road No. 105 to its point of intersection with the center line of County Road No. 116; thence proceed in a westerly direction along the center line of County Road No. 116 to its point of intersection with the center run of Little Pennahatchee Creek; thence proceed in a southwesterly direction along the center run of Little Pennahatchee Creek to its point of intersection with the center line of County Road No. 104; thence proceed in a southerly direction along the center line of County Road No. 104 to its point of intersection with the center line of State Route No. 90; thence proceed in a southeasterly direction along the center line of State Route No. 90 to its point of intersection with the west corporate limit of the City of Vienna, Georgia; thence proceed in a clockwise direction along the corporate limit of the City of Vienna to its point of intersection with the west line of the right-of-way of State Route 401, also known as Interstate Highway No. 75; thence proceed in a northerly direction along the west line of the right-of-way of State Route 401 to its point of intersection with the center line of County Road No. 215; thence proceed in an easterly direction along the center line of County Road No. 215 to its point of intersection with the center run of Wildcat Creek; thence proceed in an easterly direction along the center run of Wildcat Creek to its point of confluence with the center run of Bratcher Creek to form Cedar Creek; thence

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continue in an easterly direction along the center run of Cedar Creek to its point of intersection with the center line of County Road No. 325; thence proceed in a northwesterly direction along the center line of County Road No. 325 to its point of intersection with the center line of County Road No. 241; thence continue in a northwesterly direction along the center line of County Road No. 241 to its point of intersection with the center line of County Road No. 286; thence continue in a northwesterly direction along the center line of County Road No. 286 to its point of intersection with the south corporate limit of the City of Unadilla, Georgia; thence proceed in a clockwise direction along the corporate limit of the City of Unadilla, Georgia, to its point of intersection with the center line of County Road No. 320; thence proceed in a northerly direction along the center line of County Road No. 320 to the north county line of Dooly County, Georgia, being the point of beginning. Dooly County Education District No. 3 All that portion of Dooly County, Georgia, lying southerly of a line defined as follows: Begin at the intersection of the center run of Cedar Creek and the east county line of Dooly County, Georgia; thence proceed in a westerly direction along the center run of Cedar Creek to a point, being the point of confluence of Wildcat Creek and Bratcher Creek to form Cedar Creek; thence continue in a westerly direction along the center run of Wildcat Creek to its point of intersection with the center line of County Road No. 215; thence proceed in a westerly direction along the center line of County Road No. 215 to its point of intersection with the west line of the right-of-way of State Route No. 401, also known as Interstate Highway No. 75; thence proceed in a southerly direction along the west line of the right-of-way of State Route 401 to a point being the southeasternmost corner of the corporate limit of the City of Vienna, Georgia; thence proceed in a clockwise direction along the corporate limit of said City of Vienna, Georgia, to its point of intersection with the center line of State Route No. 90; thence proceed in a westerly direction along the center line of State Route No. 90 to its point of intersection with the center line of County Road No. 104; thence proceed in a northerly direction along the center line of County Road No. 104 to its point of intersection with the center run of Little Pennahatchee Creek; thence proceed in a southwesterly direction along the center run of Little Pennahatchee Creek to its point of convergence with the center run of Pennhahatchee Creek; thence proceed in a southwesterly direction along the center run of Pennahatchee Creek to its point of convergence

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with the center run of Turkey Creek; thence proceed in a southwesterly direction along the center run of Turkey Creek to its point of convergence with the Flint River, being the west boundary line of Dooly County, Georgia. Dooly County Education District No. 4 All that portion of Dooly County, Georgia, lying within the present (1981) corporate limits of the City of Vienna, Georgia. Dooly County Education District No. 5 All that portion of Dooly County, Georgia, lying westerly of a line defined as follows: Begin at the intersection of the center line of County Road No. 24 with the north county line of Dooly County, Georgia; thence proceed in a southerly direction along the center line of County Road No. 24 to its point of intersection with the center line of County Road No. 23; thence proceed in a southerly direction along the center line of County Road No. 23 to its point of intersection with the center line of State Route No. 230; thence proceed in a westerly direction along the center line of State Route No. 230 to its point of intersection with the center line of County Road No. 133; thence proceed in a southerly direction along the center line of County Road No. 133 to its point of intersection with the center line of County Road No. 105; thence proceed in a southerly direction along the center line of County Road No. 105 to its point of intersection with the center line of County Road No. 116; thence proceed in a westerly direction along the center line of County Road No. 116 to its point of intersection with the center run of Little Pennahatchee Creek; thence proceed in a southwesterly direction along the center run of Little Pennahatchee Creek to its point of convergence with the center run of Pennahatchee Creek; thence proceed in a southwesterly direction along the center run of Pennahatchee Creek to its point of convergence with the center run of Turkey Creek; thence proceed in a southwesterly direction along the center run of Turkey Creek to its point of convergence with the Flint River, being the west boundary line of Dooly County, Georgia. 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. (a) Within ten days after the amending Act making this section effective is approved by the voters at the referendum

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provided for by Section 4 of said amending Act, the election superintendent of Dooly County shall issue the call for a special election for the purpose of electing members of the board of education of Dooly County. The superintendent shall set the date of such election for a day not less than 30 nor more than 35 days after the issuance of the call. Such special election shall be conducted pursuant to Code Title 34, known as the `Georgia Election Code.' (b) One member of the board shall be elected from and by the voters of each education district at such special election; and the members so elected shall serve for terms as follows: (1) The members from districts 1 and 5 shall serve from the date their election is certified until January 1, 1987, and until their successors are elected and qualified; (2) The member from district 3 shall serve from the date his election is certified until January 1, 1983, and until his successor is elected and qualified; and (3) The members from districts 2 and 4 shall serve from the date their election is certified until January 1, 1985, and until their successors are elected and qualified. (c) The terms of the members of the board in office at the time of the approval by the voters of the amendment making this section effective shall expire upon the certification of the election of the members elected at the special election provided for in this section. Section 3. Said Act is further amended by striking in its entirety Section 4 and inserting in its place a new section to read as follows: Section 4. (a) A successor to each of the members elected at the special election held pursuant to Section 2 and their successors shall be elected from the election district of the same number at the general election preceding the expiration of each term; and each such future member shall serve for a term of six years beginning on January 1 following his election and until his successor is elected and qualified. (b) Each candidate for membership on the board of education must be a resident of the education district he seeks to represent at the time he qualifies.

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(c) Election of each member shall be by the voters of the education district represented only. Section 4. Not less than one nor more than ten 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 Dooly County to issue the call for an election for the purpose of submitting this Act to the electros of Dooly County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 35 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 Dooly County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act establishing five education districts for Dooly County and providing for election of one member of the board of education from and by the voters of each 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 Dooly County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. 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.

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Notice of Proposed Local Legislation. Notice is, as provided by the Constitution of the State of Georgia, given that there will be introduced at the present January, 1981, session of the General Assembly of Georgia, a bill to amend an Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967, (Ga. Laws, 1967, page 2922), so as to create new education districts for election of members of the Board; to provide for the election, terms and qualifications of members of the Board; to provide for a referendum for approval or rejection of this Act; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This, 26 January 1981. Dooly County Board of Education By: W. Harry Hamrick, Chairman 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 Vienna News-Observer which is the official organ of Dooly County, on the following dates: January 28, February 4, 11, 1981. /s/ Howard H. Rainey Representative, 135th District

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Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. CITY OF WALNUT GROVENEW CHARTER. No. 691 (House Bill No. 702). AN ACT To create and incorporate the City of Walnut Grove in the County of Walton and to grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city; to declare the rights, powers, privileges, and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes such as school buildings and equipment for same, sewers, electric lights, and waterworks; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for other matters of municipal regulations and matters of concern and welfare; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CHARTER, INCORPORATION, POWERS Section 1.10. Incorporation. The City of Walnut Grove, Georgia, in the County of Walton and the inhabitants thereof shall

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continue to be a body politic and corporate under the same name and style of the City of Walnut Grove, Georgia. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it and, from time to time, may hold or invest, sell, or dispose of the same; may have a common seal and 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 limits. The corporate limits of the City of Walnut Grove shall encompass all the property and inhabitants of the territory embraced within the limits of a radius of a half mile in every direction from the center point of the intersection of Highways 81 and 138, as such intersection is located within the present corporate limits of the City of Walnut Grove or as may be changed by operation of law. Section 1.12. Specific powers. In conformity with and subject to the requirements of the general laws of this state, the corporate powers of the government of the City of Walnut Grove to be exercised by the governing authority may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; 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 to carry out any project, program, or venture authorized by this charter or by the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (7) To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority under Section 36-202 of the Code of Georgia of 1933 or under other applicable public acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fees, fares, assessments, regulations, penalties, and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services not to exceed periods of 35 years; and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not to conflict with such regulations by the Public Service Commission; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (10) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city;

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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 building libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and may make other public improvements inside or outside the corporate limits of the city and regulate the use thereof; and, for such purposes, property may be acquired by condemnation under Section 36-203 of the Code of Georgia of 1933 or under other applicable public acts as are or may be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; to provide for the prevention and punishment of riots and public disturbances; to regulate public meetings and public speaking in the streets of said city by preventing the obstruction of the streets or the gathering of disorderly crowds; to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of this state, nevertheless are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or the welfare of the citizens thereof;

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(16) To regulate or prohibit junk dealers and pawnshops; the manufacture, sale, or transportation of intoxicating liquids and liquors; the use and sale of firearms; the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise; (18) To license, tax, regulate, or prohibit professional fortunetelling or palmistry; (19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads and within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air; and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) To fix and establish fire limits and, from time to time, to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and

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other recyclable materials and for the sale of such items; to levy, fix, assess, and collect a service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to provide for the collection of and to enforce the payment of such charges, taxes, and fees; (25) To levy a fee, charge, or tax as necessary to insure the acquiring, constructing, equipping, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer connection fee or fees and a sewer service charge, fee, or tax for the use of sewers; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (26) To levy a fee, charge, or tax as necessary to insure the acquiring, constructing, equipping, maintaining, and extending of a waterworks system; to levy on the users of the waterworks system a connection fee and a service charge, fee, or tax for the use of the waterworks system; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (27) To define, regulate, and prohibit any act, conduct, practice, or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and to provide for the enforcement of such standards; (28) To define a nuisance and provide for its abatement whether on public or private property; (29) To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public and to prescribe penalties and punishment for violations thereof; (30) To establish minimum standards for and to regulate building, construction, and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards;

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(31) 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; (32) To regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (33) To regulate the operation of motor vehicles; and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (34) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (35) To provide and maintain a system of pensions and retirements for officers and employees of the city; (36) To levy and to provide for the collection of special assessments to cover the costs of any public improvements; (37) To enter into contracts and agreements with other governments, entities, and private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (38) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (39) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants

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thereof and for preserving the health, peace, order, and good government of the city; (40) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (41) To exercise the power of arrest through duly appointed policemen; (42) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; and (43) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be

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construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the City of Walnut Grove full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.15. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation. The legislative authority of the City of Walnut Grove, except as specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and qualifications of office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of six months immediately prior to the date of the election of mayor or members of the council, shall continue to reside therein during his period of service, shall be registered and qualified to vote in municipal elections of the City of Walnut Grove, and shall meet the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; forfeiture of office; filling of vacancies. (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his office if he:

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(1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and expenses. The mayor and 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. Section 2.14. Prohibitions. (a) (1) 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. (2) The prohibition contained in paragraph (1) shall not apply to any person holding office on the effective date of this Act; and such prohibition may be waived by resolution adopted by three members of the council. (b) Neither the mayor nor any council member shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council

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shall be vested with all the powers of government of the City of Walnut Grove as provided by Article I. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, 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 Walnut Grove and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may by ordinance charge, create, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.17. Regular and special meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be served on all other members personally, or shall be telephoned personally, or shall be left at their residences at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meetings, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.18. 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 the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.19. Quorum; voting. The mayor or mayor pro tempore and two council members shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them. Section 2.20. 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 unrelated to its title. The enacting clause shall be The mayor and council of the City of Walnut Grove hereby ordain... 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. (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 The mayor and council of the City of Walnut Grove hereby ordains..... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. Section 2.22. 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

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of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three 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 2.23. 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 Walnut Grove, Georgia, 1981, 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. Organization meeting. (a) The council shall meet for organization on the first meeting day of the month following the city elections. The oath of office shall be administered to the newly elected members by the mayor, or mayor pro tempore, or anyone authorized to administer oaths, as follows: I do solemnly swear that I will well and truly perform the duties of mayor (or council member, as the case may be) of the City of Walnut Grove and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.

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(b) The council shall have the right to elect one of its members to serve as mayor pro tempore for a one-year term of office. Section 2.26. 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 or 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 12:00 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 council over the mayor's veto as provided herein. Section 2.27. Signing, authenticating, recording, and printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall cause each ordinance and each amendment in this charter to be printed promptly following its adoption. Following publication of the first Code of the City of Walnut Grove and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or

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additions to codes of technical regulations and other rules and regulations included in the code. Section 2.28. Chief executive officer. The mayor shall be the chief executive officer of the City of Walnut Grove. 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 2.29. Terms; qualifications. 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 Walnut Grove, 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 Walnut Grove for a period of six months immediately preceding his election. He shall continue to reside in the City of Walnut Grove during the period of his service. Section 2.30. Duties of mayor. As the chief executive officer of the City of Walnut Grove, 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;

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(8) Call special meetings of the council as provided in Section 2.17 of this charter; (9) Examine and audit all accounts of the city before payment; (10) Require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (11) 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; and (14) Perform other duties as may be required by law, this charter, or ordinance. Section 2.31. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore or, in his absence or disability for any cause, one of the council members chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. ARTICLE III ADMINISTRATION Section 3.10. Administrative and service departments. (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions or duties of offices, positions of employment, departments, and agencies of the city.

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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 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function as the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by applicable state law. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.

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(e) Any member of a board, commission, or authority may be removed from office for cause by a vote of the mayor, mayor pro tempore, and two members of the council. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, or authorities shall be prescribed by the council. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairman and one of its members as vice chairman for terms of one year. Each board, commission, or authority may elect one of its members as secretary or may appoint an employee of the city as secretary. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.12. 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 3.13. 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 3.14. City clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a

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safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the council may direct. Section 3.15. City tax collector. The council may appoint a city tax collector to collect all taxes, licenses, fees, and other money belonging to the city, subject to the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.16. City accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.17. Consolidation of functions. The council may consolidate any two 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 3.18. Position classification and pay plans. The mayor may be responsible for the preparation of position classification and pay plans which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Walnut Grove and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.19. Personnel policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plans, methods of promotion, and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and

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(4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personal affairs of the City of Walnut Grove. ARTICLE IV MUNICIPAL COURT Section 4.10. Municipal court; creation. There is hereby established a court to be known as the Municipal Court of the City of Walnut Grove which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court, said judge to be the recorder of the City of Walnut Grove, and he shall be appointed by the mayor and council for a yearly term; and said election by the mayor and council shall be by at least the mayor or the mayor pro tempore, if presiding, and two council members. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. Such person shall serve at the discretion of the council and his compensation shall be fixed by the council. (b) The judge pro tempore shall serve in the absence of the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on the duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this state that he will truly, honestly, and faithfully discharge the

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duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Walnut Grove and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or ten days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days, or both, and, as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city workgang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (c) The 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 thereof by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Walnut Grove or the property so deposited shall have a lien against it for the vaule forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.

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(e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Walnut Grove granted by state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Walton County from the mayor's court shall be in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection; and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular elections; time for holding. (a) General elections for said city shall be held on the first Thursday in December of each year with the mayor and two council members who come up for office in the even-numbered years to be elected in the oddnumbered

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years and the two council members who come up for office in the odd-numbered years to be elected in the even-numbered years. (b) The city council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said city. Said special election should be held as soon as practicable and, not less than 30 days from the date of the vacancy, notice of the time of the special election shall be published once in a local newspaper; and said special electon shall be held under the same rules and regulations as general elections. Section 5.11. Qualifying; voting procedures. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of the election in the City of Walnut Grove. Section 5.12. Applicability of general laws. The procedures and requirements for election of all elected officials for the City of Walnut Grove as to primary, special, or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.13. 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, that, if such vacancy occurs within six months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. Section 5.14. Election of mayor and council. The candidate for mayor receiving the greatest number of the votes cast shall be deemed elected as the mayor of the City of Walnut Grove. The two council members elected each year shall be elected by a plurality and the two candidates running who receive the largest number of votes cast in the election shall be deemed elected as the council members to hold office for the City of Walnut Grove.

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Section 5.15. Grounds for removal of elected officers. The mayor or any council member shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.16. Procedure for removal. Removal of an elected officer from office may be accomplished by either of the following methods: (1) By action of unanimous vote of the entire membership of the council; provided, however, that, if the person sought to be removed is a member of the council, then he shall not vote. In such case, the officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Walton 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 with the Superior Court of Walton County as provided by law.

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ARTICLE VI FINANCE 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 Walnut Grove. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council. The council is authorized to provide for sufficient levy to pay principal and interest on general obligations. Section 6.12. Tax due dates and tax bills. The council shall provide by ordinance when the taxes of the city shall fall due, when such taxes shall be paid, whether they may be paid in installments or in one lump sum, and when, how, and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Licenses, occupational taxes, and excise taxes. The council shall have full power to levy by ordinance such license or specific or occupation taxes upon the residents of Walnut Grove, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify business, occupations, professions, or callings for the purpose of such taxation in any lawful way; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations necessary or proper to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.14. Sewer service charge. The council may provide by ordinance for the assessment and collection of fees, charges, and tolls for sewer services rendered both within and without the corporate

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limits of the city, said fees to provide for the cost and expense of collecting and disposing of sewerage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and city property taxes and enforceable in the same manner and under the same procedures as a lien for city property taxes. Section 6.15. Sanitary and health services charge. The council shall have the authority to levy and collect by ordinance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city and benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city taxes. Section 6.16. Special assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates. They shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 7 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. 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

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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 6.18. Transfer of executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law governing sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided. Section 6.19. Construction; other taxes. This city shall be empowered to levy and 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 6.20. General obligation bonds. The council shall have the power to issue bonds to raise revenue for any project, program, or venture authorized under this charter or the general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly known as the Revenue Bond Law, approved March 31, 1937 (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 6.22. Short-term notes. Pursuant to applicable state law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.23. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting for every office, department, institution, agency, and activity of the city government unless otherwise provided by state or federal law. Section 6.24. Preparation of budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital budget, including requirements as to scope, content, and form of any such budgets and programs. Section 6.25. Additional appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose; provided, however, that any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.26. Capital improvements budget. (a) On or before the date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvements budget except to meet a public emergency threatening the lives, health, or property of the inhabitants and when passed by a two-thirds' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the first Monday in July of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied

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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 6.27. Contracting procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. Section 6.28. Centralized purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Walnut Grove. (b) The council may sell and convey any real or personal property owned or held by the City of Walnut Grove for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent domain. The council is hereby empowered to acquire, construct, operate, and maintain public ways, parks,

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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 under 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. The council may provide by ordinance for the registration within a reasonable time of all franchises. Section 7.12. Official bonds. The officers and employees, both elected and appointed, of the City of Walnut Grove shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.13. Existing ordinances and regulations. Existing ordinances and resolutions of the City of Walnut Grove not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the City of Walnut Grove not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 7.14. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings initiated under the former charter of the City of Walnut Grove shall continue; and any such ongoing

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work or cases shall be dealt with by such city, agencies, personnel, or office as may be provided by the city council. Section 7.15. 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 7.16. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided herein shall be punishable by a fine of not more than $1,000.00, or by imprisonment not to exceed three months, or by both such fine and imprisonment. Section 7.17. Continuance in office. The mayor and council members serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected as herein provided. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective term of office. Section 7.18. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7.19. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice to Introduce Local Legislation. State of Georgia County of Walton Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create a new charter for the Town of Walnut Grove and for other purposes. This 23rd day of December, 1980. Neal Jackson Representative-Elect from Walton County District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Neal Jackson who, on oath, deposes and says that he/she is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following dates: January 1, 8, 15, 1981. /s/ Neal Jackson Representative, 75th District

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Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. CITY OF CLARKESVILLENEW CHARTER. No. 692 (House Bill No. 703). AN ACT To create a new charter for the City of Clarkesville in the County of Habersham; to provide for incorporation; to provide for corporate boundaries; to provide for specific and general powers and the construction and exercise thereof; to provide for a governing body, its form and members, their terms, qualifications, compensation and expenses; to provide for vacancy, forfeiture, filling of vacancy, prohibitions, inquiries and investigations; to provide for general power and authority of the city council; to provide for the duties of mayor; to provide for organizational meetings, regular and special meetings, rules of procedure, quorum, voting, enactment of ordinances, codes of technical regulation, and authentication, recording and codification of ordinances; to provide for mayor pro tempore; to provide for the executive branch, its administrative and service departments and boards, commissions and authorities; to provide for a city manager; to provide for personnel administration; to provide for the judicial branch including the municipal court, its convening, jurisdiction and powers; to provide for a judge; to provide for appeal; to provide for general and special elections; to provide for the applicability of general laws; to provide for vacancies, and for grounds and procedure for removal; to provide for financial and fiscal matters including

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property taxes, tax levy, tax due date and tax bills, collection and delinquent taxes, license fees, occupational and excise taxes, sewer service charges, sanitary and health service charges, special assessment and transfer of executions; to provide for fiscal year and preparation and adoption of operating budget; to provide for bonds; to provide for existing ordinances and regulations; to provide for section captions; to provide for penalties; to provide for specific repeal; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Clarkesville, in the County of Habersham, repealing and replacing the charter provided by an Act of the General Assembly, approved February 13, 1956 (Ga. Laws 1956, p. 2298) and all Acts amendatory thereto. The City of Clarkesville, Georgia, in the County of Habersham and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Clarkesville, Georgia. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11. Corporate Boundaries. The corporate limits of the City of Clarkesville shall embrace and consist of the territory confined within the following described boundary; Commencing at the southeast end of Soque River bridge next to said city; thence up said river to a point opposite the original northwest corner, between lots two and twenty-three to where the river intersects the original land lot line between lots one and twenty-four, in the 12th land district of said county; thence to said corner between lots two and

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twenty-three and along the line between said lots Nos. two and twenty-three and three and twenty-two in said district and continuing in the same direction along the original land lot line between land lots two and twenty-three, three and twenty-two and four and twenty-one of said district until it intersects the southeast side of the right-of-way of the Talullah Falls Railway; thence along the southeast side of said right-of-way until the southeast side of said right-of-way intersects the original land lot line between lots forty and forty-one, in the 10th land district of said county; thence north 30 west along said original lot line by the northwest corner thereof and continuing in the same direction along the original land lots lines twenty-one, and eighteen and nineteen in the 10th district of said county until the point is reached where the original land lot line between lots eighteen and nineteen in the 10th district as aforesaid intersects the eastern Soque River; thence up said river along the eastern bank thereof to the Southerly side of the right-of-way of Georgia Highway No. 115; thence along said right-of-way in a Northwesterly direction to the center of said river; thence North 82 41' West 623.4 feet along said right-of-way to concrete monument corner; thence South 0 21' East 199.9 feet to a concrete monument corner; thence South 37 18' East 323 feet to a concrete monument; thence continuing South 37 18' East 56.1 feet to corner in the center of Soque River; thence North 39 56' East 190.4 feet up Soque River; thence North 67 15' East 151.3 feet up Soque River; thence North 30 East 251.2 feet up Soque River to the right-of-way of Georgia Highway No. 115; thence in a Southeasterly direction along said right-of-way to the Easterly bank of said river; thence up the Easterly bank of said river to the place of Beginning. Section 1.12. Specific Powers. The corporate powers of the government of the City of Clarkesville to be exercised by the governing authority shall include the following: (1) to levy and to provide for the assessment, and collection of taxes on all property subject to taxation; (2) to levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, 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;

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(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 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 corporate limits of the city; (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 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; 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;

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(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 streets, roads, alleys, and walkways within the corporate limits of the city; including the specific authority to close and abandon that portion of Hoyt Circle which begins at the easterly line of Lot No. 11 of the Cora Brightwell Subdivision and extends westerly and southwesterly to the southwesterly line of Lot No. 13 of the Cora Brightwell Subdivision; (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 buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (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;

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(17) to regulate or prohibit junk dealers, pawn shops, the manufacturer, sale, transportation or distribution of intoxicating liquors, wines and beer 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 and shows of any kind whatever, by taxation or otherwise; (19) to license, tax, regulate or prohibit professional fortunetelling, 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 and any and all other structures or obstructions upon or adjacent to the right-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city 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 city; (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 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

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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 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; (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 or plants and sewerage systems, and to levy on the users of sewers and sewerage systems 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; (28) to charge, impose and collect a sewer connection fee or fees, and to change the same from time to time; such fees to be levied on the users connecting with the sewerage system; (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 city 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 city 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,

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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; (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 of the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (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 city and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offense to the peace and good order of the city or to the welfare of the citizens thereof; (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 city; (37) 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; (38) to provide and maintain a system of pensions and retirement for officers and employees of the city;

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(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 city, 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 city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city; (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; (44) to exercise the power of arrest through duly appointed policemen and to organize and operate a firefighting agency; (45) 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; (46) to provide comprehensive city planning for development by zoning, subdivision regulations and the like as the city 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;

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(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 city 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 city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the city was heretofore authorized to exercise upon the effective date of this Charter. Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the city as stated in this Charter. It is the intention hereof to grant to the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.15. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.

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ARTICLE II GOVERNING BODY Section 2.10. Form of Government. The government of the City of Clarkesville shall be vested in a mayor and city 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 two years and until their respective successors are elected and qualified. The mayor shall serve for a term of two years 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 city for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside within the city during his or her period of service; (3) is registered and qualified to vote in municipal elections of the City of Clarkesville; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his office if he or she: (1) lacks at any time during the term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and Expenses. The mayor and councilmen shall receive as compensation for their 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.

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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 City of Clarkesville 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 city and the conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this Charter, the council shall be vested with all the powers of government of the City of Clarkesville 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 City of Clarkesville 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 city 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 City of Clarkesville. 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. The mayor shall:

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(a) preside at all meetings of the council; (b) vote as a member of the council only at such times as are necessary to break a tie or deadlock of the council; (c) be the official head of the city for the service of process and for ceremonial purposes; (d) have power to administer oaths and to take affidavits; (e) sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (f) see that all laws and ordinances of the city are faithfully executed; (g) perform other duties as may be required by law, this Charter or ordinance. Section 2.18. Submission of Ordinance to the Mayor; Veto Power. (1) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (2) The mayor, within four 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 city council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (3) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of three members, it shall become law.

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Section 2.19. Organization Meeting. The council shall meet for organization on the date and at the time of the first regular meeting in January following each regular election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to all newly elected officials of the city as follows: I, , do solemnly swear that I will well and truly perform the duties of mayor (or member of the council, as the case may be) of the City of Clarkesville to the best of my skill and ability, without favor or affection; that I will adopt such measures, rules and regulations as in my judgment shall be best calculated to promote the welfare of the inhabitants of said city, so help me God. Each newly elected official shall subscribe the oath and file it with the city clerk who shall record it in the minutes of the meeting. Section 2.20. Mayor Pro Tempore. At the organization meeting described in Section 2.19, 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 2.21. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such 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 by three members of the council. Notice of such special meetings shall be served on all other members personally or by telephone personally, or shall be left at their residence at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Attendance at a special meeting shall constitute a waiver of notice of the special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting.

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Section 2.22. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this Charter and shall provide for the keeping of a journal of its proceedings, which shall be a public record. Section 2.23. 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 2.24. 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 city council of Clarkesville..... 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 which becomes law shall be signed by the mayor. Section 2.25. Codes of Technical Regulation. (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.

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Section 2.26. Authentication, Recording and Codification of Ordinances. (a) The city 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 city 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 City of Clarkesville, 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) Except as otherwise provided herein, 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; 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 ordinances of the council. Each department shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance, and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this Charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.

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(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.11. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities of the city shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable State law. The city manager shall be an ex-officio member of all such boards, commissions and authorities and shall act as liaison officer between them and the Mayor and the council. (b) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this Charter or any applicable State law. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor. (d) Any member of any 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. (f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (g) Except as otherwise provided by this Charter or by applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not

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inconsistent with this Charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12. Personnel Administration. The council may adopt ordinances, rules and regulations consistent with this Charter dealing with: (1) the method of employment 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 city. Section 3.13. City Clerk. The council shall appoint a city clerk, who shall also serve as the city treasurer, with such compensation as shall be provided in the annual budget as adopted by the council. The city clerk shall keep a journal of the proceedings of the city council, maintain in a safe place all records and documents pertaining to the affairs of the city and perform such other duties as may be required by law or as the council or city manager may direct. Section 3.14. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and fix his or her compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications. He or she need not be a resident of the city or state at the time of his appointment, but shall reside within Habersham County while in office. Section 3.15. Removal of city manager. (a) The city council may remove the manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager. (2) Within five days after a copy of the resolution is delivered to the manager, he may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The manager may file with the

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council a written reply prior to the hearing. At the hearing, the manager shall have the right to be represented by counsel, to present evidence, and to cross-examine any witnesses against him or her. (3) The city council may adopt a final resolution of removal, which may be made effective immediately, but not sooner than the final day of suspension of the manager, by affirmative vote of a majority of all its members at any time after days from the date when a copy of the preliminary resolution was delivered to the manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one. The manager shall continue to receive his salary until the effective date of the final resolution of removal. (b) The city manager may be removed from office for cause or without case. If removed without cause, he or she shall be entitled to receive his or her regular salary for a period of 30 days from the effective date of the final resolution of removal. Section 3.16. Powers of Duties of the City Manager. The City Manager shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and duties: (1) (A) He shall appoint and, when he deems it necessary for the good of the service, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by general state law, this Charter or personnel ordinances adopted pursuant to this Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (B) Any city employee or administrative officer suspended or removed under subparagraph (A) may, within five days of such suspension or removal, file a written request with the city council requesting a review of such action. If such written request is filed, the city council may veto any such suspension or removal within 30 days thereof. (2) He shall direct and supervie the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or by general State law.

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(3) He shall attend all city council meetings and shall have the right to take part in discussion but may not vote. (4) He shall see that all laws, provisions of this Charter and acts of the city council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed. (5) He shall prepare and submit the annual operating budget and capital budget to the city council. He shall be authorized to make expenditures and purchases in accordance with the operating budget. All purchases shall be made by comparative shopping at 3 or more sources, if available. All expenditures for the capital budget shall have prior approval of the mayor and council. (6) He shall make such reports as the city council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision. (7) He shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he deems desirable. (8) He shall perform such other duties as are specified in this Charter or may be required by the city council. Section 3.17. Council Interference with Administration. Except for the purpose of inquiries and investigations under section 2.15, the mayor and the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the mayor, the city council or its members shall give orders to any such officer or employee, either publicly or privately. ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal Court. There is hereby created a court to be known as the Municipal Court of the City of Clarkesville 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.

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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. 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. No person shall be qualified or eligible to serve as a judge of the municipal court unless he or she shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. 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 City of Clarkesville granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize abatement of nuisances. (b) The municipal court shall have authority to punish those in its presence for contempt, by a fine not to exceed Fifty Dollars ($50.00) or imprisonment not to exceed five days. The municipal court may fix punishment for any offense within its jurisdiction not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed 12 months, 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 12 months, or any part of such punishments or combination thereof; provided, however, that any imprisonment combined with labor in a city work gang shall not exceed a total of 12 months. (c) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violation of State law. (d) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for appearance of

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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 Clarkesville, 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. (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, subpoena and warrants which may be served as executed by any officer as authorized by this Charter or by State law. Section 4.14. Appeal. Any person convicted of an offense in the municipal court shall have the right to apply to the Superior Court of Habersham County. 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 same procedure as generally prescribed for appeals and appeal bonds from the probate court. ARTICLE V ELECTIONS Section 5.10. Regular Elections. (a) An election shall be held on the second Tuesday in December of each year to elect councilmen to fill the terms of those councilmen whose terms expire at the end of that year, and to fill the office of mayor in those years in which his or her term of office expires.

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(b) Nothing contained herein shall affect the offices of those persons presently serving as mayor and councilmen at the date of approval of this Act, but said officers shall serve out the remainder of their offices as hereinbefore may have been provided by law. Section 5.11. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Clarkesville 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 vacancies occur in two or more elected offices of the city for any cause whatsoever, the mayor or the council, or those remaining, or, if none, any three or more citizens and voters of the city, 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 vacancies 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: (a) misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (d) wilful violation of any express prohibition of this Charter; (e) abandonment of office or neglect to perform the duties thereof; or; (f) failure for any other cause to perform the duties of office as required by this Charter or by law.

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Section 5.14. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of two-thirds vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten (10) 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 Habersham 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 Habersham County as provided by law. (c) By recall as now or hereafter provided by Georgia 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 City of Clarkesville. 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 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 6.12. Millage Rates; Due Dates; Tax Bills. The council by ordinance shall establish a millage rate not in excess of 7 mills for general operating funds, for the city property tax; a due date; and in what length of time those taxes must be paid. The council by ordinance may provide for the payment of these taxes by installation or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due, and may, in its discretion, provide for a reduction in the amount due for such voluntary payment.

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Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi.fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of Federal, State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this Charter on delinquent taxes, fees, assessments or on other amounts due to the city. Section 6.14. License Fees, Occupational Taxes, Excise Taxes. The council by ordinance shall have full power to levy such license fees and specific or occupation taxes upon the residents of the City of Clarkesville, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer Service Charges. The council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Clarkesville, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16. Sanitary and Health Service Charges. The council shall have authority by ordinance to provide for, to enforce, to levy

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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 the city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens, except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. Special Assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi.fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of nine percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this article for city property taxes. Section 6.18. Construction; Other Taxes. The City of Clarkesville shall be empowered to levy any other tax allowed now or thereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.19. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi.fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of 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 fi.fas. Provided that, upon levy of execution and sale of property pursuant to

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such tax fi.fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi.fas., as said requirements now exist or as may be hereinafter provided by law. 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 adopt a budget for the ensuing fiscal year. The council shall provide by ordinance the procedures and requirements for the preparation and execution of said annual budget. The budget and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees of the City of Clarkesville, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Clarkesville not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended by the council. The

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existing rules and regulations of departments or agencies of the City of Clarkesville 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 One Thousand Dollars ($1,000.00) or by imprisonment not to exceed 12 months, or both such fine and imprisonment. Section 7.14. Specific Repealer. An Act incorporating the City of Clarkesville in the County of Habersham, approved February 13, 1956 (Ga. Laws 1956, p. 2298), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.16. Effective Date. This Charter shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to create a new charter for the City of Clarkesville; to provide for all related matters; to repeal the Act incorporating the City of Clarkesville, approved February 13, 1956 (Ga. Laws 1956, p. 2298), and all Acts amendatory thereof in their entirety; to provide an effective date; to repeal conflicting laws; and for other purposes. This 29 day of January, 1981. Ken Cleveland Publisher's Affidavit. State of Georgia County of Habersham. Before me, the undersigned, Notary Public, this day personally came Amilee C. Graves, who, being first duly sworn, according to law, says that he is the publisher of the Tri-County Advertiser official newspaper published at Clarkesville, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 29 day of January, 1981 and on the 5, 12 days of February, 1981. As provided by law. Amilee C. Graves Subscribed and sworn before me, the 11 day of February, 1981. /s/ Ann L. Vandiver Notary Public. (Seal). Approved April 9, 1981.

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CITY BUSINESS IMPROVEMENT DISTRICT ACT FOR CERTAIN CITIES (400,000 OR MORE). No. 694 (House Bill No. 764). AN ACT To provide a short title; to provide definitions; to state findings and a declaration of purpose; to provide for the creation and operation of city business improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census; to provide for the adoption of district plans; to provide for the financing of such districts; to provide for mandatory design and rehabilitation standards; to provide for termination of any district created pursuant to this act; 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 Act shall be known as and may be cited as the City Business Improvement District Act. Section 2. Definitions. As used in this Act: (a) District means a City Business Improvement District established pursuant to this Act. (b) District plan(s) or plan means a proposal adopted by ordinance which includes all of the following: (1) A map of the district. (2) A description of the boundaries of the district proposed for creation or extension in a manner sufficient to identify the lands included, the present and proposed uses of these lands, the supplemental services to be provided within the district, the maximum millage to be levied for providing supplemental services, the proposed time for implementation and completion of the plan, any design and rehabilitation standards which may be mandated for buildings located within each district, and any rules and regulations applicable to the district. Boundaries of any such district shall not include land on which is located telephone

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central office and switching facilities serving an area exceeding the boundaries of said City Business Improvement District. (3) Any other item required to be incorporated therein by the governing authority. (c) Municipality means those municipal corporations located wholly within the State of Georgia and having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census. (d) Supplemental Services means those services provided for the improvement and promotion of the district, including but not limited to, advertising, promotion, sanitation, security, business recruitment and development. (e) Taxpayer means any entity or person paying ad valorem taxes on real or personal property, whether on one or more businesses, or one or more parcels of property within a district. Section 3. Findings and purpose. The General Assembly finds that many business districts within large cities in this State are in an economically depressed condition, and that this condition adversely affects the economic and general well-being of the people of such large cities of the State. It is further found and declared that the establishment of City Business Improvement Districts is an effective means for restoring and promoting commercial and other business activity within such business districts. Section 4. Powers of Municipalities. Upon the establishment of any City Business Improvement District pursuant to the provisions of this Act, the governing authority of any municipality to which the provisions of this Act are applicable shall have authority to exercise the following powers with respect to each such district, subject to the provisions of this Act: (a) To adopt a district plan for the provision of supplemental services to said district, and to adopt budgets for the implementation of such supplemental services; (b) To fix and levy annually a millage upon real and personal property within said district, to make such assessments liens upon the properties, and to enforce such liens in the same manner as other City taxes;

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(c) To provide supplemental services or to contract with nonprofit corporations for all or part of the supplemental services required to implement such district plan; and (d) To mandate design and rehabilitation standards for buildings located within such district. Section 5. Adoption of District Plans. The governing authority of any municipality to which the provisions of this Act are applicable may create City Business Improvement Districts by the adoption of district plans, as follows: (a) No such plan may be adopted except upon the written petition, signed and acknowledged by either (1) at least seventy per cent of the municipal taxpayers (as shown by the most recent list of taxpayers billed by the municipality) of the district proposed for creation or extension; or (2) municipal taxpayers owning at least seventy percent (by assessed values as shown by the most recent assessment rolls of the municipality) of the taxable property subject to ad valorem real and personal property taxation in the district. (b) Such petition must be accompanied by a proposed district plan, to include a budget, a formula for imposing assessments on the taxpayers within said district, and design and rehabilitation standards, if desired. (c) Said petition shall be presented to the governing authority of the municipality, which shall refer it to the appropriate municipal departments for review of its sufficiency, reasonableness of assessments, and financial feasibility of the plan. Said departments shall submit reports which shall approve, disapprove, or give qualified approval with modifications, of the district plan, with reasons therefor, to the governing authority. The governing authority shall hold a public hearing on the issue of whether such district should be created provided that notice of the hearing shall be placed in a newspaper of general circulation in the community at least ten (10) days prior to the date of the hearing. The governing authority may approve, approve with modifications, or disapprove the plan.

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(d) Any district plan thus adopted may be amended from time to time, rescinded, or its budget revised by ordinance. Section 6. Financing of District. (a) The expense incurred in the provision of supplemental services within the district(s) shall be financed in accordance with the district plan upon which the establishment or extension of the district was based. However, the cost of supplemental services shall not include the cost to the district of services performed by the municipality on a city-wide basis. (b) The charge shall be levied and collected in the same manner, at the same time and by the same officers, as other City taxes and assessments. Section 7. Segregation of Funds. No charges assessed and collected by a municipality pursuant to this Act shall be spent for any purpose not authorized by the district plan of the district where such charges were assessed and collected, except for such costs as may be attributed to the billing and collection of said charges. Section 8. Design and Rehabilitation Standards. Upon the establishment of any City Business Improvement District pursuant to the provisions of this Act, the governing authority of any municipality to which the provisions of this Act are applicable may mandate design and rehabilitation standards for buildings within City Business Improvement Districts, where said governing authority finds that such standards are necessary to prevent or eliminate blight, to establish and improve property values and to foster economic development within the districts. Said governing authority may establish deadlines for compliance with said standards, and may provide for the enforcement of said design and rehabilitation standards. Section 9. Sunset Provision. Any City Business Improvement District which is created pursuant to Section 5 hereof shall terminate and cease to exist exactly five (5) years from the date of its creation by ordinance, unless said district is renewed in the manner set forth in Section 5 hereof for its creation. Section 10. Severability. In the event any section, subsection, sentence, clause or phrase of this act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section,

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subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional where not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. CARROLLTON REDEVELOPMENT AUTHORITY. No. 696 (House Bill No. 778). AN ACT To create the Carrollton Redevelopment Authority; to define certain terms; to provide for the composition of the authority, its powers, duties, and compensation of members; to provide for the purposes of the authority; to provide for revenue bonds; to provide that such powers of the authority provided by this Act are supplemental to powers conferred by other laws; to provide for an advisory committee to the authority; to provide for public funds; to provide for the liberal construction of the Act; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation of authority. There is hereby created a public body, corporate and politic, in the County of Carroll to be known as the Carrollton Redevelopment Authority. Said authority hereinafter shall be referred to as the authority; and said authority shall have the powers, rights, duties, and obligations set forth herein and as otherwise provided by law.

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Section 2. Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) Advisory committee shall mean the committee established in Section 7 of this Act as an advisory committee to the authority in matters relating to the revitalization and redevelopment of the Carrollton downtown area. (2) Authority shall mean the Carrollton Redevelopment Authority created by this Act. (3) City shall mean the City of Carrollton, Georgia. (4) County shall mean Carroll County, Georgia. (5) Member shall mean a member of the authority established by this Act. (6) Project shall mean any undertaking of the authority in connection with the redevelopment or revitalization of urban, central city, or downtown areas within the City of Carrollton. (7) Project areas shall mean those urban, central city, or downtown areas within the City of Carrollton selected by the authority for redevelopment, revitalization, or improvement pursuant to the procedures set forth in this Act. Section 3. Composition and organization of authority. (a) The authority shall consist of nine members to be appointed by the mayor and city council of the City of Carrollton, Georgia. The members of said authority shall be residents of Carroll County. (b) Vacancies in the membership of the authority shall be filled by the mayor and city council of the City of Carrollton, Georgia; provided, however, that a member of the authority whose term has expired shall continue to serve until his successor has been duly appointed and, in the event of a vacancy for any reason other than the expiration of the term, the remaining members of the authority shall continue to be vested with all of the powers, rights, duties, and obligations set forth herein or otherwise provided by law. (c) After the initial appointments for the initial terms set forth in this Act, the appointment of a member shall be for a three-year

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term beginning January 1 of the year of his appointment. Initially, three members shall be appointed for a term ending December 31, 1981; three members shall be appointed for a term ending December 31, 1982; and three members shall be appointed for a term ending December 31, 1983. Any appointment to fill a vacancy shall be for the remainder of the term of the member vacating. (d) Each member of the authority shall have attained the age of 21 years and shall have been a resident of the county for at least one year prior to his appointment. Any officer or employee of the county or city shall be eligible for appointment to the authority. If at any time during his term a member shall cease to be a resident of the county, he shall cease to be a member of the authority. No person may serve more than two consecutive full terms as a member of the authority. No action taken by the authority shall be void by reason of the disqualification of a member until the disqualification shall be brought to the attention of the other members of the authority in writing and one month has expired since the receipt of said notice and the action sought to be void was taken after said one-month period. (e) The members of the authority shall not be entitled to compensation, pension, or other retirement benefits on account of service on the authority but shall be entitled to receive traveling expenses and other actual expenses incurred in the performance of their duties of office. (f) The authority shall elect a chairman, a vice chairman, and a secretary-treasurer, each of whom shall serve for one year or until his successor is chosen. The authority shall adopt and promulgate rules governing its procedures and shall hold regular meetings not less than once each quarter. Special meetings may be held upon the call of the chairman or any three members of the authority. A majority of the membership shall constitute a quorum for the purpose of meeting and transacting business. Each member of the authority shall have one vote. (g) Upon the effective date of this Act, the members of the authority shall organize and enter upon the performance of their duties. Section 4. Purposes of authority. It is hereby determined, declared, and established that the creation of the authority and the implementation of the corporate purposes set forth in this Act are in all respects for the benefit of the people of this state and that the

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authority is a public corporation; and it is further declared that the revitalization and redevelopment of the urban, central city, and downtown areas of the City of Carrollton (project areas) are proper public purposes and this law is adopted for the purpose of promoting and expanding for the public good and welfare the public facilities of said areas, including the construction of streets, roadways, parks, malls, transportation systems, vehicular parking facilities, and any and all other necessary and desirable appurtenances to the revitalization and modernization of said project areas; and it is further declared that the expenditure of public funds for such purposes by said authority is and shall be in the public interest. It is further found, determined, and declared that all property of said authority is hereby declared and shall in all respects be considered to be public property; and title to such property shall be held by the authority only for the benefit of the public; and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the general public welfare in matters of cultural development, education, pleasure, convenience, and recreation of the public at large, in an effort to better the general condition of society, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society. All the property, income, obligations, and interest on the obligations of the authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes. Section 5. Powers of the authority. The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions set forth in this Act, including, but not limited to, the power: (a) To sue and be sued. (b) To adopt and amend a corporate seal. (c) To make and execute contracts and other instruments necessary to exercise the power of the authority. Such contracts may be made with the city, the county, the State of Georgia, or the United States of America, or may be made with one or more municipal corporations, or may be made with the county and a single municipal corporation or multiple municipal corporations. The county and all such municipalities are hereby authorized to enter into contracts with

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the authority. The authority may also contract with private legal entities or persons. (d) To receive and administer gifts, grants, and devises of any property and to administer trusts. (e) To acquire by purchase, gift, or construction any real or personal property desired to be acquired as a part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof. (f) To sell, lease, exchange, transfer, assign, pledge, mortgage, or dispose of, or grant options for any such purpose, any real or personal property or interest therein. (g) To mortgage, convey, pledge, or assign any property, revenues, income, tolls, charges, or fees owned or received by the authority. (h) To issue revenue obligations for the purpose of providing funds for carrying out the purpose of the authority. (i) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, architects, and employees and to provide their compensation and duties. (j) To acquire property through the exercise of the right of eminent domain for public purposes and to acquire by purchase, gift, or lease any property owned by the city or county which has been acquired through the exercise of the right of eminent domain by the city or county; provided, however, that said authority shall acquire such properties through the exercise of such power of eminent domain only in a manner prescribed by law for the exercise of such power by counties and municipalities in the state and only upon payment of just and fair compensation as required by the Constitution and laws of this state; provided, further, that the authority shall not acquire property through the exercise of the right of eminent domain unless the authority is granted prior written approval for such actions by the governing authorities of the city for property located in the city, or the county for property located in the county but not in the city, or by the Georgia Public Service Commission for property owned by a public utility.

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(k) To construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the authority, and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or any other contribution, all of which the authority is hereby authorized to receive and accept and use. (l) To issue revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as heretofore or hereafter amended. Such revenue bonds or obligations shall be authorized by resolution of the authority, which may be adopted at a regular or special meeting by a majority vote of the members of said authority. The authority, in determining the cost of any undertaking for which revenue bonds or obligations are to be issued, may include all costs relative to the issuance thereof and, without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents, and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction; and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said authority are hereby declared to be tax exempt for any and all purposes. As security for the payment of any revenue bonds so authorized, any property, real or personal, of an authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered. Any such authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia, in behalf of the state, and each county, municipal corporation, political subdivision,

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and taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. (m) To make or cause to be made studies and analyses of economic changes taking place in the downtown areas of Carrollton and Carroll County and of the impact of metropolitan growth upon those areas. (n) To prepare a plan or plans for the development and redevelopment of such downtown areas (such plan or plans shall be coordinated with governmental planning boards and agencies but the authority shall have the ultimate responsibility for preparation of such plan or plans). (o) To implement any general plan of development in the urban, central, or downtown areas which have been approved by the county and the municipality in which said development is located by: (1) Coordinating development and redevelopment by public and private enterprise; (2) Encouraging private development and redevelopment in a manner consistent with the plan; (3) From time to time, proposing such revisions in the plan as appear to the authority to be appropriate and in the best interest of the city, consistent with the purposes of this Act; (4) Constructing, acquiring, repairing, and operating any public development or project covered by the plan or coordinating any of the foregoing among other governmental agencies; (5) In coordination with said planning boards or agencies, develop long-range plans designed to halt the deterioration of property values in the urban, central city, and downtown areas and encourage property owners to implement the plans to the fullest extent possible;

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(6) To acquire in the best interest of the public, for public purposes only, on such terms and conditions and in such manner as it may deem proper, and to own, convey, and otherwise dispose of and to lease as lessor and lessee any land and any other property, real and personal, and any rights and interests therein which it may determine to be reasonably necessary in furtherance of its other powers under this Act, and to grant and acquire licenses, easements, and options with respect thereto; (7) To improve land; to construct, reconstruct, equip, improve, maintain, and repair parking facilities, parks, plazas, malls, walkways, and other public facilities, and any necessary or desirable appurtenances thereto within project areas; (8) To fix, charge, and collect fees, rents, and charges for the use of any project, any part thereof, and any facilities furnished thereby, and of any property under its control, and to pledge such revenue to the payment of revenue bonds issued by it. (p) To have and exercise any and all of the usual powers of private and public corporations except such as are inconsistent with this Act, including the power to adopt and amend bylaws and regulations for the conduct and management of the authority. (q) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (r) To designate officers to sign and act for the authority generally or in any specific matter. (s) To do any and all acts and things necessary or convenient to accomplish or to complement the purpose and powers of the authority as herein stated. Section 6. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to be supplemental and in addition to powers conferred by other laws. Section 7. Advisory committee. The mayor and city council of Carrollton by resolution may establish an advisory committee to the authority. Said committee shall be composed of from ten to 20 citizens of Carroll County and said committee shall be charged with

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the responsibility to make recommendations to the authority in connection with the redevelopment of project areas. It shall be the responsibility of the city to advise the authority of the composition of the committee and to notify the authority of changes in membership from time to time. The terms of members of the committee shall be in the discretion of the mayor and city council. Section 8. Public funds. The City of Carrollton and the County of Carroll, either and both, are authorized and permitted to provide public funds to the authority for the purposes of the authority set forth in this Act; provided, however, that the debts of the authority shall not constitute debts of the state nor of any city, town, municipality, or county thereof. Section 9. Liberal construction of Act. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 10. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1981 Session of the General Assembly of Georgia an Act to create the Carrollton Redevelopment Authority; to provide for the composition of the Authority, its powers, duties and compensation of the members; to provide for the purposes of the Authority; to provide for revenue bonds and such other powers of the Authority as provided by the Act.

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This 19th day of January, 1981. Gerald Johnson C. A. Thomas, Jr. Representatives, District 66 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Johnson who, on oath, deposes and says that he/she is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 22, 29 and February 5, 1981. /s/ Gerald Johnson Representative, 66th District Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 9, 1981.

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CITY OF PATTERSONNEW CHARTER. No. 697 (House Bill No. 787). AN ACT To provide a new charter for the City of Patterson in the County of Pierce; to provide for the corporate powers of said city; to provide for the governing authority; to provide for the administrative affairs of said city; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said city; to provide for certain general provisions; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Patterson, repealing and replacing the charter provided by an Act of the General Assembly, approved February 25, 1949 (Ga. Laws 1949, p. 1254), as amended. The City of Patterson, Georgia, in the County of Pierce and the inhabitants thereof, are hereby constituted and declared a body politic and corporate, under the same name and style of the City of Patterson, 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 Patterson 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 Patterson, 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 Patterson, 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

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mayor. Photographic or other copies of such map certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Examples of powers. The corporate powers of this city may include, but shall not be limited to, the following: (1) Property taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by state law; (3) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (4) Appropriations and expenditures. To make appropriations for the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (5) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (6) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;

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(7) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (8) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, under Code Section 36-202, relating to condemnations, 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 other public utilities; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public utilities and services. To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) Public improvements. To provide for the acquisition, 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,

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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 Code Section 36-202, relating to condemnations, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) 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; (14) 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; (15) Public peace. To provide for the prevention and punishment of drunkeness, riots, and public disturbances; (16) Special areas of public regulation. To regulate or prohibit junk dealers and pawn shops, the manufacture, sale, or transportation of alcoholic beverages, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (17) 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;

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(18) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (19) 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; (20) 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; (21) 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; (22) 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; (23) 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; (24) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose, and collect a sewer connection fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system;

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(25) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (26) 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; (27) 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; (28) 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; (29) 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; (30) 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 of such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (31) Special assessments. To levy and provide for the collection of special assessments for officers and employees of the city; (32) 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; (33) 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

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appropriate authority for carrying out all the powers conferred upon or delegated to same; (34) 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; (35) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (36) 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; (37) Urban redevelopment. To organize and operate an urban redevelopment program; (38) Public transportation. To organize such public transportation systems as are deemed beneficial; (39) 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; and (40) 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 of applicable laws of the State of Georgia.

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Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees 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. ARTICLE II GOVERNING BODY Section 2.10. Creation; composition; number; election. The governing authority of this city shall be composed of a mayor and six councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and qualifications 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) Wilfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude.

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Section 2.13. Compensation and expenses. The salaries of the mayor and council of the City of Patterson, Georgia, shall be fixed by said mayor and council in December prior to the city's election except as otherwise limited by the general laws of the State of Georgia. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected. Section 2.15. Code of ethics. The council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers, and employees of this city. Section 2.16. Inquiries and investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.17. General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of this city as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules, and regulations not inconsistent with this charter, the Constitution, and the laws of the State of Georgia which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the 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: (1) Shall see that all laws and ordinances of the city are faithfully executed; (2) Shall preside at all meetings of the mayor and council and vote in the event of a tie vote among the council; (3) 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; (4) Shall exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (5) Shall prepare and submit to the council a recommended annual operating budget and recommended capital budget; (6) 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; (7) 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; (8) May call special meetings of the council as provided for in Section 2.23(b); (9) May approve or disapprove ordinances as provided in Section 2.20; (10) May examine and audit all accounts of the city;

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(11) May require any department or agency of the city to submit written reports whenever he deems it expedient; and (12) 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 12:00 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 the council as though disapproved and shall become law unless overriden by the council as in subsection (c) above. Section 2.21. Mayor pro tempore; selection; duties. The council shall elect by majority vote from among its members a mayor pro tempore, 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 tempore from among its members for any period in which the mayor pro tempore 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 tempore. The mayor pro tempore 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. 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.

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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. (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. Section 2.27. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances; but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in

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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 the 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 the 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 Patterson, 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.

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(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 may be deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the council shall prescribe the functions or duties of, and establish, abolish, or alter, all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or general state law, department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by the council. (d) There may be a director of each department or agency who shall be its principal officers. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the council. The mayor may suspend or remove directors under his supervision. The director involved may appeal to the council who, after a hearing, may override the mayor's action by a vote of three council members.

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Section 3.11. Board, commissions, and authorities. (a) The council shall create by ordinance such boards, commissions, and authorities as to fulfill any investigative, quasi-judicial, or quasi-legislative function the council deems necessary and shall be 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 faithfully and impartially to perform the duties of his office, such oath to be administered by the mayor. (f) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council. (g) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city.

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Section 3.12. City attorney. The council may appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13. City clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, 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 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 the State of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.15. City accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.16. Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.17. Position classification and pay plans. The mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the council for approval upon request by the council. Said plans may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

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Section 3.18. Personnel policies. The council may adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; and (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation of municipal court. There is hereby established a court to be known as the municipal court of the city, which shall have jurisdiction and authority to try offenses against the laws and ordinances of the city and to punish for a violation of the same. Section 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby associate judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge 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 the council, who may also remove for cause such judge or judges by a vote of three members of the council.

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(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 the 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 $25.00. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 days or both. As an alternative to fine or imprisonment, the 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 30 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.

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(d) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (e) 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. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the city granted by general state laws generally to mayor's, 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 Pierce 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 of 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.

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ARTICLE V ELECTIONS Section 5.10. Applicability of general law. All elections shall be held and conducted in accordance with Code Title 34A, known as the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11. Election of council and mayor. (a) General elections for mayor and council or for council, depending on the year, will be held on the second Saturday in December of each year. At such general election, city officials are to be elected by the qualified voters to fill the vacancies in terms of office which expire on December 31 following such election. (b) The term of office of mayor shall be for two years and until his successor is elected and qualified. In order to be elected as mayor, a candidate shall receive a majority of the votes cast in such election for the office of mayor. In the event no candidate receives a majority of the votes cast, there shall be a runoff election between the two candidates receiving the highest number of votes cast for the office of mayor. The runoff election shall be held under the same laws, rules, and regulations governing municipal elections. (c) The three candidates for councilman receiving the highest number of votes cast shall be elected for terms of office of two years each and until their successors are elected and qualified. (d) The mayor and three councilmen shall be elected on the second Saturday in December in even years for a term of two years, and three councilmen shall be elected on odd years for a term of two years. (e) 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 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

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respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.13. 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 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. 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: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowing violations of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.16. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods; (1) 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

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by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 Pierce County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) Information filed in the Superior Court of Pierce 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 state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, for 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 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 levies 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

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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 may compel the payment of such taxes as provided in this article. Section 6.13. Licenses; permits; fees. The council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit 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 necessitate. 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 30 days after their due dates and shall thereupon be subject, in addition to fi.fa. charges, to a penalty of 7 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall 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 hardships; and providing for the assignment or transfer of tax executions. Section 6.18. Transfer of executions. The city clerk shall be authorized to assign or transfer any fi.fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi.fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfer of tax fi.fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi.fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi.fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.19. General obligation bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be 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 6.21. 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 laws. 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, that the mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council.

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Section 6.26. Independent audit. There shall be an annual, independent audit of all 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 principals. 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; and (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 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,

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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, detention, 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 25 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.12. Official bonds. The officers and employees of the city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require by ordinance or as may be provided by state law. Section 7.13. Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations of the city not in conflict with this charter shall continue in force unless repealed or amended for two years from the effective date of this

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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. (a) Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing council shall pass a transition ordinance detailing 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. (b) All elected officials who are in office immediately prior to the effective date of this Act shall continue in office until the expiration of their term of office and until their successors are elected and qualified under Article V. 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 on-going 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 provision of this charter for which a penalty is not specifically provided for shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 60 days, or both. 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 Patterson, Georgia.

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(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 Patterson in the County of Pierce, approved February 25, 1949 (Ga. Laws 1949, p. 1254), is hereby repealed in its entirety, and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.21. Effective dates. For the purpose of holding the elections provided for in Section 5.11 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective when the mayor and councilmen elected under subsection (a) of Section 5.11 of this Act take their oaths of office. Section 7.22. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to create a new charter for the City of Patterson; and for other purposes. S. W. Gardner Mayor

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Georgia, Pierce County This will certify that the attached advertisement has been published in The Blackshear Times, a newspaper published weekly in Blackshear, Pierce County, Georgia, the legal organ in which sheriff's advertisements are published. The attached advertisement has been published once a week for three weeks during a period of 60 days, the last of which advertisements appeared in the issue of January 29, 1981. Said advertisements have been published once a week for three weeks during the 60-day period immediately preceding February 5, 1981. /s/ Robert M. Williams, Jr. Editor Publisher The Blackshear Times Signed and sworn to this day, February 6, 1981. /s/ Beth Hobbs, Notary Public, Georgia State at Large My commission expires June 21, 1983. (Seal). Approved April 9, 1981.

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DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY ACT AMENDED. No. 698 (House Bill No. 788). AN ACT To amend an act creating the Downtown Waycross Development Authority approved April 25, 1975 (1975 Ga. Laws p. 4637); to amplify, expand and declare the purposes and objectives of the Act; to define certain terms; to provide for a quorum; to permit waiver of any right to compel levy of a tax; to amplify, expand and declare the powers of the Authority; to provide for the issuance of revenue bonds, notes and other obligations of the Authority; to provide that revenue bonds, notes and other obligations of the Authority shall be lawful investments for all public officers and bodies, counties, municipalities and municipal subdivisions, insurance companies, banks, bankers, trust companies, savings banks and savings associations, building and loan associations and others; to exempt property of the Authority from tax; 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 Waycross Development Authority, approved April 25, 1975 (1975 Ga. Laws p. 4637), is hereby amended as follows: SECTION A. Section 1 of the Act is hereby amended by deleting subsection (b) as it presently exists in its entirety and adding and inserting in lieu thereof the following subsections: (b) The purpose of the Authority is the development of the downtown Waycross area, which includes but is not limited to renovation and rehabilitation of existing buildings, structures and improvements and acquisition and construction of new buildings, structures and improvements located in the Downtown Waycross 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 Waycross area. The purpose of the Authority is hereby declared to be an essential and public purpose, promoting

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the public good and welfare and benefiting the citizens of the downtown Waycross area and the city of Waycross. This Act shall be liberally construed to effect this purpose. (c) The following terms shall have the meanings specified: (1) `Act' shall mean the Act of the General Assembly approved April 25, 1975 (1975 Ga. Laws p. 4637), as now or hereafter amended. (2) `Authority' shall mean the Downtown Waycross Development Authority created pursuant to the Act under and by virtue of an amendment (set forth as proposed in 1974 Ga. Laws p. 1764 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). (3) `Cost of the project' or `cost of any project' shall mean and shall include: All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation or rehabilitation incurred in connection with any project or any part of any project; all costs of real property, fixtures or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, 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 on revenue bonds, notes or other obligations of the Authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the Authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural and legal services and all expenses incurred by engineers, surveyors, architects and attorneys in connection with any project; all expenses for inspection of any project; all fees of fiscal agents, paying agents, trustees for bondholders under any trust agreement, indenture of trust or similar instrument or agreement, all

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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 fees of any type charged by the Authority in connection with any project; all expenses of or incident to determining the feasibility or praticability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title with respect to any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any 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 or agreement 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 proceeds of revenue bonds, notes or other obligations issued by the Authority. (4) `Project' shall mean the acquisition, construction, installation, modification, renovation or rehabilitation of land, interests in land, buildings, structures, facilities and other improvements located or to be located within the Downtown Waycross District, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture and other property of any nature whatsoever used on, in or in connection with any such land, interest in land, building, structure, facility or other improvement, all for the essential public purpose of the redevelopment of the downtown Waycross area. 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 public purpose of the Authority.

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(5) `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 but not including notes or other obligations of the Authority. SECTION B. Section 2 of this Act is amended by adding thereto a new subsection (h) as follows: (h) 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 must be approved by a majority vote of the members of the Authority. SECTION C. Section 6 of the Act is amended by adding thereto the following subsections: (m) To sue and to be sued; (n) To adopt and amend a corporate seal; (o) To make and execute contracts, agreements and other instruments necessary or convenient to exercise the powers of the Authority or to further the public purpose for which the Authority is created, including but not limited to contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (p) To acquire by purchase, lease or otherwise and to hold, lease and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the Authority; (q) To finance (by loan, grant, lease or otherwise), construct, erect, assembly, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, 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 contributions 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;

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(r) 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 agreements or instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and to provide security for such borrowing; (s) 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 purpose; (t) To make application directly or indirectly to any federal, state, county or municipal government or agency or to any other source, public or private, for loans, grants, guarantees or other financial assistance in furtherance of the Authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county or municipal government or agency or other source; (u) To enter into agreements with the federal government or any agency thereof to use 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; (v) 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 political subdivision with which the Authority contracts are by law authorized to undertake; (w) 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

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may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments or 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 reserve funds, and, in the exercise of powers granted hereby 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 or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance and financing of a project, and such other terms and conditions, as the Authority may deem necessary or desirable; (x) As security for repayment of any revenue bonds, notes or other obligations of the Authority, to pledge, mortgage, convey, assign, hypothecate or otherwise encumber any property of the Authority (including but not limited to real property, fixtures, personal property and revenues or other funds) 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 agreement or instrument as may be necessary or desirable, in the judgment of the Authority, to secure any such revenue bonds, notes or other obligations, which instruments or agreements 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, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument and any such agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (y) As security for repayment of any revenue bonds, notes or other obligations of the Authority, to enter into any agreement or other instrument pursuant to which the Authority agrees to levy ad valorem taxes (in such amount as the Authority may agree upon but not in excess of the maximum authorized by this Act) and to pledge, convey, assign, hypothecate or otherwise encumber amounts received by the Authority from such taxes, all upon such terms and conditions as the Authority may deem desirable;

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(z) To receive and use the proceeds of any tax levied by the Authority to pay the costs of any project or for any other purpose for which the Authority may use its own funds pursuant to this Act; (aa) To use any real property, personal property or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the Authority and the public purpose thereof; (bb) To acquire, accept or retain equitable interests, security interests or other interests in any real property, personal property or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the Authority; (cc) To exercise the power of eminent domain for the purpose of acquiring property in the carrying out of the public purpose of the Authority; and (dd) 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 public purpose of the Authority. The powers enumerated in each paragraph above are cumulative with and in addition to those enumerated in the other paragraphs above and elsewhere in this Act, and no such power limits or restricts any other power of the Authority. Section D. Section 7 of the Act is amended by deleting Section 7 as it presently exists in its entirety and inserting in lieu thereof the following as Section 7: Section 7. The revenue bonds, notes and other obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Waycross within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976 (formerly Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945), nor a pledge of the faith and credit of the City of Waycross, nor shall the City of Waycross be subject to any

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pecuniary liability thereon. The revenue bonds, notes and other obligations shall not be payable from, nor a charge upon, any funds of the City of Waycross. Any resolution of the Authority authorizing the issuance of revenue bonds, notes or other obligations or any trust agreement, indenture of trust or similar instrument or agreement approved by the Authority may provide: (i) that any holder of such revenue bonds, notes or other obligations, or any trustee or agent acting for or on behalf of any such holder or holders, shall have the right to compel the Authority to levy the special tax provided for by this Act to pay such bonds, notes or other obligations; or (ii) that no such holder, trustee or agent shall ever have any right to compel the Authority to levy a tax, and, in that event, the Authority shall not levy any tax to pay such bonds, notes or other obligations; or (iii) that any such holder, trustee or agent may only compel levy of a tax not to exceed a specified millage rate (less than the maximum authorized by this Act) and that such right may be exclusive as to such millage rate or may be non-exclusive as to such millage rate. Section E. Section 8 of the Act is amended by deleting Section 8 as it presently exists in its entirety and inserting the following in lieu thereof as Section 8: Section 8. Revenue bonds, notes or other obligations issued by the Authority shall be paid solely from the property (including but not limited to real property, fixtures, personal property, revenues or other funds) and obligations pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered to secure or to pay such bonds, notes or other obligations. All revenue bonds, notes and other obligations shall be authorized by resolution of the Authority, adopted by a majority vote of the members of the Authority at a regular or special meeting. Such revenue bonds, notes or other obligations shall bear such date or dates, shall mature at such time or times not more than forty (40) years from their respective dates, shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments and conditions as the resolution authorizing the issuance of such revenue bonds, notes or other obligations may permit or provide. Revenue bonds, notes or other obligations (and interest thereon) issued by the Authority are hereby declared to be tax exempt for any and all purposes. The terms, provisions, covenants, assignments and conditions contained in or provided or permitted by any resolution authorizing the issuance of

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such revenue bonds, notes or other obligations shall bind the members of the Authority then in office and their successors. The Authority shall have power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. All bonds issued by the Authority under this Act shall be issued and validated under and in accordance with the Revenue Bond Law (1937 Ga. Laws p. 761), as heretofore and hereafter amended, except as provided in this Act, provided that notes and other obligations of the Authority may, but shall not be required to, be so validated. There shall be no limitation upon the amount of revenue bonds, notes or other obligations which the Authority may issue. 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 now or hereafter amended, the usury laws of the State of Georgia or any other laws of the State of Georgia shall not apply to revenue bonds, notes or other obligations of the Authority. Section F. The Act is amended by adding the following sections after Section 8 and before the Section originally designated as Section 9, which shall be redesignated as Section 12: Section 9. Any revenue bonds, notes or other obligations issued by the Authority under the provisions of this Act are hereby made securities in which all public officers and bodies of this State, all counties 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 obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The revenue bonds, notes or other obligations 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, all

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counties and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or the other obligations of this State is now or may hereafter be authorized. Section 10. 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 11. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain in 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 G. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in 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 H. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section I. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend the act (1975 Ga. Law P. 4637) passed by the General Assembly of Georgia in 1975 creating the Downtown Waycross Development Authority; to amplify, expand and declare the purpose and objectives of the Authority; to define certain terms; to amplify, expand and declare the powers of the Authority, and for other purposes. This 31 day of January, 1981. A. P. Hurst, Jr. Chairman, Downtown Waycross Development Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon who, on oath, deposes and says that he/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 31, February 7, 14, 1981. /s/ Harry Dixon Representative, 151st District Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981.

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TATTNALL COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 699 (House Bill No. 810). AN ACT To amend an Act creating and establishing a Small Claims Court of Tattnall County, approved April 17, 1975 (Ga. Laws 1975, p. 3684), so as to change the jurisdiction of said court; to delete the provisions relating to service by registered mail; to change the provisions relating to costs; to delete the provisions relating to jury trials; to change the provisions relating to appeals; to change the fees for the execution of fi. fas.; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court of Tattnall County, approved April 17, 1975 (Ga. Laws 1975, p. 3684), is hereby amended by striking the figure 1,500.00 in Section 1 in its entirety and inserting in lieu thereof the figure 2,500.00, so that Section 1, when so amended, shall read as follows: Section 1. There is hereby created and established a Small Claims Court for Tattnall County, Georgia, to be known as the `Small Claims Court of Tattnall County,' which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia.

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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. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the certified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of said small claims court or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (c) When served by a private individual, as hereinbefore provided, he shall make proof of service by affidavit showing the time and place of such service on the defendant. (d) When served as provided, the actual costs of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear when the claim of the plaintiff is for a liquidated amount. When the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than 30 days from the date of the service of said notice. 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:

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Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule set forth in subsection (b) of this section, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. (b) The sum to be deposited by the plaintiff with the court shall be as follows: When the amount of the claim is: The deposit shall be: Up to $500 $ 10.00 Over $500 but not over $1,000 15.00 Over $1,000 but not over $1,500 20.00 Over $1,500 but not over $2,000 25.00 Over $2,000 30.00 (c) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 4. Said Act is further amended by striking Section 15, which reads as follows: Section 15. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and the defendant having three

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strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses., in its entirety. Section 5. 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. 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 6. Said Act is further amended by striking the figure 4.00 in Section 25 in its entirety and inserting in lieu thereof the figure 5.00, so that Section 25, when so amended, shall read as follows: Section 25. The fee of bailiff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage to be determined by the small claims court judge. The rate of commission on all judicial sales shall be 10 percent of the first $250.00 and 5 percent on all sums over that amount with a minimum of $3.00. 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 1981 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Tattnall County, approved April 17, 1975(Ga. Laws 1975, p. 3684); and for other purposes. This 19th day of January, 1981. Frank McCall

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cilnton Oliver who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 22, 29, February 5, 1981. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. CITY OF AUGUSTACIVIL SERVICE COMMISSION. No. 701 (House Bill No. 815). 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,

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(Georgia Laws 1798), as amended by various amendatory Acts, and particularly that amendatory Act approved February 15, 1952 entitled Augusta Civil Service Commission, (Georgia Laws 1952, Page 2771), and the several subsequent amendatory Acts thereof, (Georgia Laws 1953, Page 3282; 1961, Page 2360; 1962, Page 2662; 1963, Page 3314; 1965, Page 2311; 1968, Page 2703; 1968, Page 2909; 1978, Page 4157), so as to remove from said Civil Service Commission the authority to employ, promote, suspend, demote, and discharge all members of the Augusta Police and Fire Departments; to authorize said City Council of Augusta, by appropriate Ordinance or Resolution, to invest in said Civil Service Commission authority sufficient for said Commission to hear and determine employment related grievances brought by members of said Police and Fire Departments; to authorize the said City Council of Augusta, by appropriate Ordinance or Resolution, to establish a system of personnel management for said Police and Fire Departments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Charter of the City of Augusta, incorporated as the City Council of Augusta, by an Act approved January 31, 1798, and particularly the amendatory Acts approved February 15, 1952 entitled Augusta Civil Service Commission, as amended, is hereby further amended by striking and repealing in their entirety the following Sections of the said Act approved February 15, 1952, as amended: Section 5, appearing at Page 2774, 1952 Georgia Laws; Section 6, appearing at Page 2774, 1952 Georgia Laws; Section 7, appearing at Pages 2774-2779, 1952 Georgia Laws; Section 8, appearing at Page 2779, 1952 Georgia Laws; Section 9, appearing at Page 2780, 1952 Georgia Laws; Section 10, appearing at Page 2780, 1952 Georgia Laws; Section 11, appearing at Pages 2780-2781, 1952 Georgia Laws; Section 14, appearing at Page 2781, 1952 Georgia Laws; and Section 15, appearing at Pages 2781-2782, 1952 Georgia Laws.

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Section 2. In lieu of the foregoing repealed Sections, Section 5 of the said Act, as amended, is hereby restated as follows: Section 5. The City Council of Augusta is hereby authorized by appropriate Ordinance or Resolution to invest in said Civil Service Commission, full authority to hear and determine all employment related grievances brought by members of the Police and Fire Departments of the said City of Augusta. City Council is hereby further authorized to establish by appropriate Ordinance or Resolution, a system for the lawful, effective and efficient management of all personnel in its Police and Fire Departments, including the authority to employ, promote, suspend, demote, discharge and discipline all members of the said departments. Section 3. Repealer. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Effective Date. This Act shall take effect on July 1, 1981. Notice of Intention to Apply For Local Legislation. Notice is hereby given that Local Legislation will be introduced at the January-February, 1981 Session of the General Assembly of Georgia, to amend the Charter and Laws pertaining to the City Council of Augusta, Georgia; so as to amend the portions of the City Charter dealing with the authority of the Civil Service Commission regarding the Fire Department to conform with the authority exercised by the Police Department of the City Council of Augusta. Samuel F. Maguire Attorney for the City Council of Augusta, Georgia

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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: January 21, 28, and February 4, 1981. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 16th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. CLARKE COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 702 (House Bill No. 836). AN ACT To amend an Act creating the Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as

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amended by an Act approved March 21, 1976 (Ga. Laws 1976, p. 3628), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3373), and an Act approved April 19, 1979 (Ga. Laws 1979, p. 4311), so as to change the provisions regarding compensation and expense allowances for the chairman and the members of the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as amended by an Act approved March 21, 1976 (Ga. Laws 1976, p. 3628), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3373), and an Act approved April 19, 1979 (Ga. Laws 1979, p. 4311), is hereby amended by designating the existing text of Section 8 as subsection (a) and adding a new subsection (b) of Section 8 to read as follows: (b) The Board may by resolution provide that, in addition to all other expenses and compensation allowed, the Chairman and each member of the Board may be reimbursed for actual expenses incurred in the performance of their duties in an amount not to exceed one hundred dollars ($100.00) per month. Such reimbursement of actual expenses, if so authorize, shall be in addition to the compensation and monthly expenses allowance provided by subsection (a) and shall be payable under such conditions as the Board may be resolution provide., so that when so amended said Section 8 shall read as follows: Section 8. Compensation. (a) The Chairman of the Board shall be compensated in the amount of eight thousand four hundred dollars ($8,400.00) per annum, to be paid in equal monthly installments, and he shall also receive an annual travel and expense allowance of one thousand two hundred dollars ($1,200.00) per annum, payable in equal monthly installments. The other four members of the Board shall be compensated in the amount of forty-eight hundred dollars ($4,800.00) per annum each, to be paid in equal monthly installments, and they shall also receive an annual travel and expense allowance of one thousand two hundred dollars ($1,200.00) per annum each, payable in equal monthly installments. Said sums shall be paid from the funds of Clarke County. The salary and expense allowance so fixed shall constitute the entire compensation from all sources to which the Chairman or any Commissioner shall be entitled.

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They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. (b) The Board may by resolution provide that, in addition to all other expenses and compensation allowed, the Chairman and each member of the Board may be reimbursed for actual expenses incurred in the performance of their duties in an amount not to exceed one hundred dollars ($100.00) per month. Such reimbursement of actual expenses, if so authorized, shall be in addition to the compensation and monthly expense allowance provided by subsection (a) and shall be payable under such conditions as the Board may by resolution provide. 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 local legislation will be introduced in the 1981 Session of the General Assembly of Georgia to amend an Act creating the Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as amended by an Act approved March 21, 1976 (Ga. Laws 1976, p. 3628), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3373) and an Act approved April 19, 1979 (Ga. Laws 1979, p. 4311), to change the provisions regarding compensation and expense allowances for the chairman and the members of the Board and for other purposes. This 24th day of December, 1980. Hugh Logan Representative, District 62 Bob Argo Representative, District 63

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Argo who, on oath, deposes and says that he/she is Representative from the 63rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following dates: January 8, 15, 22, 1981. /s/ Bob Argo Representative, 63rd District Sworn to and subscribed before me, this 19th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. TIFT COUNTYSMALL CLAIMS COURT CREATED. No. 703 (House Bill No. 877). AN ACT To create and establish a Small Claims Court in Tift County; to provide for the initial judge; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the

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jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribing his remuneration; to validate acts and proceedings therein; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Tift County. Such court shall have civil jurisdiction in cases at law in which the demand or damages claimed or value of the property involved does not exceed $1,500.00, said jurisdiction to be county wide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in Tift County. Said jurisdiction shall include the power to issue writs of garnishment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) The judge of the small claims court in Tift County who is serving on the effective date of this Act shall serve until the expiration of his current term of office and until his successor is appointed and qualified under subsection (b). (b) Thereafter the Governor shall appoint a citizen of Tift County to be judge of the small claims court for a term of four years and until his successor is appointed and qualified. Each judge so appointed shall be exempt from jury duty of any other court in Tift 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 party may apply to the judge of the Small Claims Court to appoint another qualified person to hear the case. In the event the judge of the Small Claims Court shall be unable to so appoint another qualified person, then any party may apply to the judge of the superior court of Tift County to so appoint a qualified person to hear the case. A qualified person shall be the judge of the superior court of Tift County, the judge of the probate court of Tift County, or any judge of a city court located in Tift County. The qualified person appointed shall perform such

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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. He shall further be entitled to the same remuneration as would the judge of the Small Claims Court, had said judge heard the case. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. 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. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in Tift County by any official or person authorized by law to serve process in circuit courts; or by registered mail or certified mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by U. S. postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a U. S. Post Office employee or U. S. mail carrier to whom refusal was made, then the

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clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as above provided, he shall make proof of service by affidavit showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered mail or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of $15.00 which shall cover all cost of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases of garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be $15.00, and in other matters (not specifically mentioned here) the costs shall be $15.00, and in claim cases and illegalities, instituted by a third party after levy, the costs shall be $15.00, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion.

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Section 9. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $15.00 for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The 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 10. (a) On that day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 11. If any defendant has any claim against the plaintiff, the judge may require a statement of 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

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jurisdiction of the court, he may use a part hereof 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, and to stay executions, 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. For each partial payment made to the court under such order, a fee of $1.50 will be charged to the party upon whom judgment has been rendered. Section 13. The Judge of the Superior Court presiding in Tift County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Section 14. The judge of such 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 Tift County, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Section 15. Jury Trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless

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otherwise demanded such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Section 16. Judgments of the Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the Clerk of the Superior Court for such county, of an execution based upon such judgment and the entry thereof 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 law for appeals from the probate court to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court. Section 18. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court.

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Section 19. All acts performed by the judge or clerk and all proceedings before the small claims court are hereby validated. Section 20. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Section 21. Such Small Claims Courts having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and, also designate the times when executions are returnable and, also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than 30 days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 22. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be

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attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. postal authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 23. The judge of the Small Claims Court shall have the power to impose fines of not more than $40.00 or imprison for not longer than 72 hours any person guilty of contempt of court, such fines to be paid into the Tift County treasury or depository for county purposes. Section 24. The fee of bailiff for the execution of a fi fa shall be $7.50, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) on the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of $7.50. Section 25. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Tift County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Tift County which is created by this Act. Section 26. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Tift County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Tift County as created by an Act approved March 11, 1964 (Ga. Laws 1964, p. 2944), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 27. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or

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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 28. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act creating a Small Claims Court in each county in this State having a population of not less than 23,300 and not more than 23,699 according to the U. S. Decennial Census of 1960 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribing his remuneration; to validate acts and proceedings therein; to provide an effective date; to repeal conflicting laws; and for other purposes.', approved March 11, 1964 (Ga. Laws 1964, p. 2944), as amended by an Act approved March 27, 1965 (Ga. Laws 1965, p. 2678) and an Act approved April 24, 1975 (Ga. Laws 1975, p. 4551); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Legislation will be introduced at the regular 1981 session of the General Assembly of Georgia to create a Small Claims Court in Tift County, set limits, fees, rules and regulations, and for other purposes.

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Reinhardt, Whitley Rogers, P. C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/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: January 10, 17, 24, 1981. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981.

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CITY OF ALPHARETTANEW CHARTER. No. 704 (House Bill No. 878). AN ACT To amend, consolidate, create, revise and supersede the several Acts incorporating the City of Alpharetta, in the County of Fulton, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government therefor; to define the territorial limits of said City; to provide for a Mayor and Council and to define their powers and duties; to provide the punishment of violators of the ordinances, rules and regulations of said municipality; to define the special powers and duties of the Mayor; to provide for elections of Mayor and Councilmembers and define their qualifications, terms of office, their meetings and method and manner of filling vacancies; to provide for election managers, their oaths and duties, their compensation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections, for declaring the results thereof; to provide the selection of Mayor pro tem., to define his qualifications, duty and term of office; to provide for registrars, to define their duties, compensation and term of office; to provide for appeals from decisions of registrars, municipal court of Alpharetta, City Council, arbitrators and other appeals; to provide for the appointment or election of a clerk, marshal, chief of police, treasurer, health officer, city attorney, recorder, and other officers and employees, to define their duties and powers; to provide for salary and compensation of officers and employees of Alpharetta, to provide for the reading and consideration of orders, ordinances, rules and regulations how they may be adopted, be approved, be vetoed, and how the same may become valid; to grant and provide for eminent domain and define how and when exercised; to provide for bonds of offenders; to provide for return of property for tax purposes, to establish values, to appoint appraisers, to define their duties and qualifications, to provide for arbitration of property values for tax purposes; to provide for raising revenue by taxes, licenses and otherwise; to provide for the collection of the same by execution and otherwise; to provide for street and land paving; to assess costs thereof and the collection of the same; to provide for the issuance of bonds, revenue certificates and similar forms of indebtedness, their sale and lien; to provide for sewer and water connection, the installation of sanitary equipment and fixtures, to provide penalties for refusal or noncompliance; to provide for extension of water and sewer

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mains and system; to provide for dog tax and treatment, prescribing the penalties therein; to provide for general police protection and sanitary health measures and requirements; to provide for a street tax; to provide for zoning regulations and ordinances; to provide for a jail, guard house and other places of detention; to appoint a municipal judge and to define his duty and term of office; to provide for and define a municipal court, to specify its jurisdiction and powers and appeal therefrom; to divisions of land; to provide for assistance for arresting officers; to provide for building permits; to provide for traffic regulations as well as speed, parking and travel; to provide for franchises; to provide for sales by officers and passage of title and possession; to define and provide punishment for vagrancy; to provide for a cemetery; to provide for abatement of nuisances, the use of firearms and fireworks; to provide fees and costs of officers and collection thereof; to provide for ownership, rental, use, distribution of public service and utilities; to provide when and how claims or demands are filed; to provide for supervision of Sabbath Day activities; to provide for supervision of sales, storage and dispensing of malt or alcoholic drinks or beverages; to provide for punishment for violation of any orders, ordinances, rules, regulations of Alpharetta; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, authority and governmental jurisdiction of the City of Alpharetta, its Mayor, Council, and other officers and employees as well as to provide powers, rights and authority to enforce and carry out the rights and privileges granted; to repeal conflicting laws and ordinances; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION, POWERS 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 City of Alpharetta, Georgia, and by that name shall have perpetual succession. 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 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)

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of the Corporate Limits of the City of Alpharetta, Georgia. Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. A copy of the Official Map of the City is hereto attached and made a part hereof as if specifically described. (b) The City Council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Powers and construction. (a) This City shall have all powers possible for a City to have under the present or future constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this City shall be construed liberally in favor of the City. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this City. Section 1.13. Examples of powers. The corporate powers of this City may include but are not limited to the following: (1) Property taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and expenditures. To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purpose authorized by this charter and for any purpose for which a municipality is authorized

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by the law 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 Title 36 (Eminent Domain) of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted; (9) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the 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 valid regulations by the Public Service Commission;

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(11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) Public improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 36 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (13) 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; (14) 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; (15) Public peace. To provide for the prevention and punishment of drunkness, riots, and public disturbances; (16) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, the use and sale of firearms, to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the

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conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (17) 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; (18) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (19) Air and water pollution. To regulate the emission of smoke, chemical and other noxious fumes, vehicle exhaust and other air pollutants which are admitted into the air space of the City; and to regulate and control any and all chemical, trash, unclean, impure or corrupt material that may be exposed to the water flowing in, around and through the City; (20) 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; (21) Public hazards, removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (22) 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; (23) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service

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charge, tax or fee for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (24) 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; (25) Nuisance. A nuisance shall be defined and abated as provided by Georgia Code Annotated, Title 72, et seq., as amended; (26) 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; (27) Jail sentences. To provide that persons given jail sentences in the City's Municipal Court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (28) Animal regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted hereunder;

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(29) 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; (30) 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; (31) Pensions. To provide and maintain a system of pensions and retirement for members of the governing authority and employees of the City as provided by Georgia Code Annotated 69-1019 as amended; (32) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (33) 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, and limited only by the dictates of Georgia Code Annotated Title 69-202 as amended; but all contracts involving $100.00 or more shall be let for bids after at least three bids are requested; (34) 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; (35) 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; (36) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (37) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or

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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; (38) Urban redevelopment. To organize and operate an urban redevelopment program; (39) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (40) General health, safety, and welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (41) Other powers. To exercise and enjoy 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 1.14. Exercise of powers. All powers, functions, rights, privileges and immunities of the City, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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ARTICLE II GOVERNMENT STRUCTURE Section 2.10. City Council creation; composition; number; election. The legislative authority of the government of this City except as otherwise specifically provided in this charter, shall be vested in a City Council to be composed of a Mayor and six Councilmembers. The Mayor and Councilmembers shall be elected in the manner provided by Article V of this charter. Section 2.11. City Council terms and qualification for office. The Mayor and the members of the City Council shall serve for terms of four years and until their respective successors are elected and qualified. Terms of office shall begin on January 2 immediately following the date of election to office for all persons elected at regular elections. No person shall be eligible to serve as Mayor or Councilmember unless he or she shall have been a resident of the City for a period of six months immediately prior to the date of the election of Mayor or members of the City Council; shall have attained the age of twenty-one years by the date of the election; shall continue to reside therein during his or her period of service; and shall be registered and qualified to vote in municipal elections of this City. Section 2.12. Vacancy: filling of vacancies. (a) Vacancies - The office of Mayor or Councilmember shall become vacant upon the incumbents 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 vacancies - A vacancy in the office of Mayor or Councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and expenses. The Mayor and Councilmembers shall receive starting compensation for their services in the following amounts, to wit: (a) Mayor $700.00 per month. (b) Councilmember $250.00 per month. The said compensation shall be amended from time to time for good cause shown and in accordance with Title 69, Section 1019, Georgia Code Annotated, as amended.

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The Mayor and Councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their official duties. Section 2.14. Prohibitions. (a) Conflict of interest. No elected official, appointed officer, or employee of the City or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization, or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this City or any portion of its government; (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or

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indirectly, in any contract or matter pending before or within any department of the City shall disclose such private interest to the City Council. The Mayor or any Councilmember who has a private interest in any matter pending before the City Council shall disclose such private interest and such disclosure shall be entered on the records of the City Council and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of public property. No elected official, appointed officer, or employee of the City or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit except in accordance with policies promulgated by the City Council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the City Council. (e) Ineligibility of elected officials. Except where authorized by law, neither the Mayor nor any Councilmember shall hold any other elective or compensated appointive office in the City or otherwise be employed by said government or any agency thereof during the term for which he was elected. (f) Political activities of certain officers and employees. No appointive officer and no employee of the City shall continue in such employment upon qualifying as a candidate for nomination or election to any public office for the City of Alpharetta. (g) Penalties for violation. (1) Any City officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.

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(2) Any officer or employee of the City who shall forfeit his office or position as described in (1) above, shall be ineligible for appointment or election to or employment in a position in the City government for a period of three years thereafter. Section 2.15. Inquiries and investigation. The City Council may make inquiries and investigations into the affairs of the City and the conduct of any department, 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. Section 2.16. General power and authority of the City Council. Except as othewise 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 2.17. Oath of office. The Mayor and each member of Council, before entering upon the duties of office, shall take and subscribe the following oath: I do solemly 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 2.18. Regular and special meetings. (a) The City Council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the City Council may be held on call of the Mayor or three members of the City Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 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.

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(c) All meetings of the City Council at which any official action is to be taken shall be public to the extent required by Title 40, Section 3301, et seq., Georgia Code Annotated, as amended; and notice of such meetings, whether regular or special, shall be made fully as is reasonably possible at least five days prior to such meetings. Section 2.19. Rules of procedure. The City Council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.20. Quorum; voting. (a) Four 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 a majority of the Councilmembers present shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. (b) In an emergency situation, which shall only be established by the following three types of circumstances arising, to wit: (1) Hospitalization (2) Death in the immediate family (3) Ambulatory illness the Mayor or Councilmember laboring under one or more of these hardships shall have the right to vote his conviction on any motion, resolution or ordinance by absentia. Section 2.21. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Alpharetta 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

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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 2.23. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the Mayor and to each Councilmember and shall file a reasonable number of copies in the Office of the Clerk and at such other public places as the City Council may designate. Section 2.22. Action requiring an ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the City Council which have the force and effect of law shall be done by ordinance. (a) Advertising, notice and public hearings shall only be required for those actions by the City having as their purpose one or more of the following: (1) Changing, amending or modifying this charter or the official zoning map of the City; (2) Annexing or de-annexing property; (3) Calling of a special election or the holding of a general election; the advertising of any of the said actions shall be accomplished by publishing the notice of the proposed action in a newspaper of general circulation within the City of Alpharetta, Georgia; and the notice shall be given in writing setting forth the date, time and place of the public hearing. All other ordinances shall be submitted, approved or disapproved, as hereinafter provided. (b) The newspaper having general circulation within the City may be designated specifically by separate ordinance. Section 2.23. Emergencies. To meet a public emergency affecting life, health, property or public peace, the City Council may convene on call of the Mayor or two 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

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generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three Councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 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 2.24. Codes of technical regulations. (a) The City Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of Section 2.21; (b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25. (b) Copies of all adopted codes of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.25. Signing; authenticating; recording; codification; printing. (a) The Clerk shall authenicate by his or here signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the Council. (b) The City Council may provide for the preparation of a general codification of all of the ordinances of the City having the force and effect of law. The general codification 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

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The Code of the City of Alpharetta, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the City, and made available for purchase by the public at a reasonable price as fixed by the City Council. (c) The City Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the City Council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The City Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.26. 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 2.27. 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) Exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (c) Submit to the City Council at least once a year a statement covering the financial conditions of the City and from time to time, such other information as the City Council may request; (d) Recommend to the City Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;

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(e) Call special meetings of the City Council as provided for in Section 2.18; (f) Approve or disapprove ordinances as provided in Section 2.28; (g) Examine and audit all accounts of the City; (h) Require any department or agency of the City to submit written reports whenever he deems it expedient; (i) Perform other duties as may be required by general state law, this charter or ordinance; (j) Appoint Councilmembers singularly or in committee to oversee and report on the functions of the various departments of the City; (k) To employ City personnel with the approval by the City Council; and (l) To terminate City personnel. Section 2.28. Submission of ordinances to the Mayor; veto power. (1) Every ordinance adopted by the City Council shall be presented within five working days by the clerk to the Mayor. (2) 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, or if it is neither approved nor disapproved, it shall become law upon its return to the clerk. If the Mayor shall fail to return the ordinance to the clerk within ten calendar days of receipt, it shall become law at twelve o'clock midnight on the tenth calendar day after receipt. If the ordinance is disapproved, the Mayor shall submit to the City Council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the Mayor.

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(3) Ordinances vetoed by the Mayor shall be presented by the clerk to the City Council at its next meeting and should the City Council then or at its next general meeting adopt the ordinance by an affirmative vote of four or more Councilmembers, it shall become law. (4) The Mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the City Council over the Mayor's veto as provided herein. The reduced part or parts shall be presented to City Council as though disapproved and shall become law unless overridden by the Council as in subsection (3) above. Section 2.29. Mayor pro tem; selection; duties. The City Council shall elect by majority vote from among its members a Mayor pro tem who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence, or upon a vacancy in the office of Mayor. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the City Council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general state law, the directors of departments and other appointed officers of this City shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officer and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Board, commissions, and agencies. (a) The City Council shall create by ordinance such boards, commissions, and agencies to fulfill any investigative, quasi-judicial or quasi-legislative function the City Council deems necessary and shall, by ordinance,

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establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and agencies 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 agency. (d) No member of any board, commission, or agency shall hold any elective office in the City. (e) Any vacancy on a board, commission, or agency 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 agency 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 this office, such oath to be prescribed by ordinance and administered by the Mayor. (g) Any member of a board, commission, or agency may be removed from office for cause by a vote of four members of the City Council. (h) Except as otherwise provided by this charter or by general state law, each board, commission, or agency 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 agency of the City government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the City, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the City.

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Section 3.12. City Attorney. The City 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; shall attend the meetings of the Council as directed; shall advise the City Council, Mayor, and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Section 3.13. City Clerk. The City Council may appoint a City Clerk who shall not be a Councilmember. The City Clerk shall be custodian of the official City Seal, maintain City Council records required by this charter, and perform such other duties as may be required by the City Council. Section 3.14. Tax collector. The City Council 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 3.15. City Accountant. The City Council may appoint a City Accountant to perform the duties of an accountant. Section 3.16. Personnel policies. The City 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 a position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) such 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 JUDICIAL BRANCH Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Alpharetta. Section 4.11. Judge. (a) The municipal court shall be presided over by a judge. (b) The Judge shall be elected in the manner provided by Article V of this charter. (c) The term of the Office of Judge shall be the same as for the Mayor and Members of Council. (d) The qualification for Judge shall be the same as for the Mayor and City Council, and, in addition, the candidate must be the holder of a legal law bachelor degree. (e) The Judge of said court shall receive compensation for his services in the following amounts, to-wit: $250.00 per month, and said compensation shall be amended from time to time for good cause shown and in accordance with Title 69, Section 1019, Georgia Code Annotated, as amended. (f) Before entering on duties of his office, each Judge shall take an oath that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the City Council journal required in Section 2.17. Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by the presiding judge. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of all City ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or 30 days in jail for any one single act of contempt. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for

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120 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 120 days. (d) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and, if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City 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. (e) The municipal court shall have the authority to sit as a committing court and 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 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. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by general state law. (h) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this City granted by general state laws to Mayor's, Recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of

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Fulton County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. Provided that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for court. 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. 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 4.16. City Attorney to serve as judge. The City Attorney shall serve as judge in the judge's absence or disability or in any matter in which the judge may recuse himself. Section 4.17. Vacancy; filling of vacancies. (a) Vacancy. The office of judge 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 vacancy. A vacancy in the office of judge shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 4.18. Solicitor. (a) The municipal court shall have a solicitor for the prosecution of ordinance violations. (b) The solicitor shall be appointed by the judge of said court with the approval of the Mayor and City Council. (c) The term of the office shall be the same as that provided for the judge and subject to good behavior in the judge's discretion. (d) The qualifications for the office shall be as follows: (1) The appointee must be a lawyer and member in good standing with the State Bar of Georgia.

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(2) The appointee must be of good moral character attested to by at least three citizens of the City. (3) The appointee must be a respected attorney among his colleagues in the legal profession and supply the judge with at least three statements of his legal reputation and proficiency as supplied by members in good standing with the State Bar of Georgia. (e) The solicitor of said court shall receive compensation for his services as recommended by the judge to the Mayor and City Council and as set by ordinance with the approval of the Mayor and City Council. (f) Before entering on the duties of his office, each solicitor shall take an oath that he will honestly and faithfully discharge the duties of said office to the best of his skill, knowledge, and ability without fear, favor, or partiality to any party. The oath shall be entered upon the minutes of the court and city council journal as required in this article and in Section 2.17. Section 4.19. Duties. It shall be the duty of the court solicitor to investigate, prepare, prosecute, or otherwise dispose of all violations of state criminal statutes or ordinances effective at the time, as may be properly brought before this court. In addition, any appeals taken by persons aggrieved with court decisions shall be defended by the solicitor. Section 4.20. City Attorney to serve as solicitor. The City Attorney shall serve as solicitor in the solicitor's absence or disability or in any matter in which the judge shall require of him. Section 4.21. Vacancy; filling of vacancies; office of solicitor. (a) The office of solicitor 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) A vacancy in the office of solicitor shall be filled for the remainder of the judge's term, if any, as provided in this article. Section 4.22. Court clerk. (a) The municipal court shall have a court clerk.

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(b) The clerk shall be appointed by the judge with the approval of the Mayor and City Council. (c) The term of the office shall be according to the good behavior of the clerk and at the discretion of the judge, Mayor, and City Council. (d) The clerk shall receive compensation for the services rendered as recommended by the judge to the Mayor and City Council and as set by ordinance. Section 4.23. Duties of court clerk. The court clerk shall be the custodian of the official court records, collect fines imposed by the court and transmit the records of all cases bound over or appealed to the state or superior courts from the municipal court, and perform such other duties as may be required by the judge. Section 4.24. Vacancies; filling of vacancies; office of court clerk. (a) The office of court clerk shall become vacant upon the clerk'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) A vacancy in the office of court clerk shall be filled as provided in this article. ARTICLE V ELECTIONS AND REMOVAL 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. Election of the Mayor, City Council and judge. There shall be a municipal general election biennially on the third Tuesday in October. There shall be elected the Mayor and three Councilmembers at one election and every other election thereafter. The remaining City Council seats and the office of judge of the municipal court shall be filled at the election alternating with the first group such that a continuing body is created as provided for in the first election under this charter in Section 7.13.

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Section 5.12. Special election; vacancies. 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 oher respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.13. Councilmembers elected by posts. (a) All Councilmember positions shall be designated by posts numbered one through six. (b) All candidates for election to Councilmember positions shall designate, at the time of qualifying, the post to which they are seeking election. (c) All posts are City at large positions. Section 5.14. Other provisions. Except as otherwise provided by this charter, the City 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. Non-partisan 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 plurality. The person receiving a plurality of the votes cast for any City office shall be elected. Section 5.17. Grounds for removal. The Mayor, Councilmembers, or judge may be removed 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) knowingly violate any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof; or (f) failure for any other cause to perform the duties of office as required by this charter or by state law. Section 5.18. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the City Council such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the City Council to the Superior Court of Fulton 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 Fulton County as provided by state law. ARTICLE VI FINANCE Section 6.10. 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 6.11. Millage rate, due dates, payment methods. The City Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time 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 6.12. 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 6.18. Section 6.13. Licenses, permits, fees. The City Council by ordinance shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in Section 6.18. The City Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Franchises. The City Council shall have the power to grant franchises for the use of this City's streets and alleys, for the purpose of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The City Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, 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 clerk in a registration

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book to be kept by him. The City Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Service charges. The City Council by ordinance shall have the power to assess and collect fees, charges, and tools 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. Section 6.16. Special assessments. The City Council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such 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 City Council by ordinance shall provide generally for the collection of delinquent taxes, fees, or other revenue due the City under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. 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 6.19. General obligation bonds. The City Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

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Section 6.20. Revenue bonds. Revenue bonds may be issued by the City Council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.21. Short-term notes. The City must obtain and repay any short-term 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 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. Section 6.23. Preparation of budgets. The City Council shall provide an ordinance on the procedures and requirements for the preparation and execution of any annual operating and capital improvement budget including requirements as to the scope, content and form of such budget. Section 6.24. Action by City Council on budget. (a) The City Council may amend the operating and capital improvement budget; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues. (b) The City Council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than fifteen days prior to the beginning of such fiscal year. If the City Council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the City Council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget preparation under Section 6.23.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. The operating and capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the City Clerk and shall be open to public inspection. Section 6.25. Tax levies. As the next order of business following adoption of the operating budget, the City Council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates 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 this City. Section 6.26. Changes in appropriations. The City Council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.27. Independent audit. There shall be an annual audit of all City accounts, funds and financial transactions by a certified public accountant selected by the City Council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.28. 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

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(3) It is made or authorized by the City Council and such approval is entered in the City Council journal or minutes required under Section 2.19. Section 6.29. Centralized purchasing. The City Council may by ordinance prescribe procedures for a system of centralized purchasing for the City. Section 6.30. 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. Laws 1976, p. 350). (b) The City Council may quitclaim any rights it may have in property not needed for public purposes by 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. (c) Whenever in opening, extending or widening any street, alley, avenue or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the City Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. Section 6.31. Insurance. The City shall maintain sufficient casualty and liability insurance coverage on all property owned and/or operated by City personnel to adequately indemnify the City on claims of loss by injured or aggrieved parties. The amounts of insurance coverage shall be set from time to time by the City Council in the form of a Resolution as the need arises.

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ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent domain. The City Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, water works, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Title 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.11. Official bonds. The officers and employees of this City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the City Council shall from time to time require by ordinance or as may be provided by state law. Section 7.12. 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 7.13. First election under the charter. (a) The first municipal election shall be the third Tuesday of October, 1982, at which time the Mayor and three Councilmember positions shall be filled. The Councilmember post to be filled at this election shall be those designated as numbers four, five and six and shall be the present Councilmember positions whose terms expire in January, 1983. The position of Judge of the Municipal Court and Councilmember posts designated as numbers one, two and three shall be filled at the next regular election to be held on the third Tuesday in October in the year 1984. Councilmember posts one, two and three shall be those present Councilmember positions whose terms expire in January, 1985. (b) The present Mayor and Councilmembers elected as the governing body of the City of Alpharetta under the heretofore existing charter of the City are hereby constituted as the official governing

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body of the City and shall continue to serve in their elective offices until their successors are elected as provided herein; and the effective date of this charter shall not create any vacancy in the office of Mayor or Councilmember and the City shall continue its present operation as usual. Section 7.14. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or office as may be provided by the City Council. Section 7.15. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, shall be punishable by a fine of not more than $1,000 (One Thousand Dollars) or by imprisonment not to exceed 120 days or both such fine and imprisonment. Section 7.16. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The singular shall include the plural and the masculine the feminine and vice versa. 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 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. Repealer. An Act incorporating the City of Alpharetta in the County of Fulton, approved March 3, 1961 (Ga. Laws 1961, p. 2127), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.

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Section 7.19 . Effective date. This Act (charter) shall become effective on July 1, 1981; but the heretofore existing charter as pertains to elected officials shall not be repealed until the presently existing terms of the office of Mayor and Councilmembers expire. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981 Session of the General Assembly of Georgia a bill to amend the act creating a new charter for the City of Alpharetta, Georgia, as provided by an act of March 3, 1961 and acts amendatory thereof by creating a new charter for the City of Alpharetta, Georgia and for other purposes. This 8th day of December, 1980. Jimmy Phillips, Mayor City of Alpharetta D. William Garrett, Jr. City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther S. Colbert who, on oath, deposes and says that he/she is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 12, 19 and 26, 1981. /s/ Luther S. Colbert Representative, 23rd District

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Sworn to and subscribed before me, this 25th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 9, 1981. TOWN OF EAST DUBLINNEW CHARTER. No. 705 (House Bill No. 893). AN ACT To provide a new charter for the Town of East Dublin; to provide for incorporation, boundaries, and powers; to provide for legislative, executive, and judicial branches of government for said town; to provide for elections; to provide for financial and fiscal matters; to provide general provisions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal specific Acts; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I - INCORPORATION POWERS Section 1.10 . The inhabitants of the territory hereinafter designated be, and they are hereby constituted and made a body politic under the name and style of Town of East Dublin, and by that name and style shall have perpetual succession with power and authority in and by said corporation to contract and be contracted with, to sue and be sued, to plead and be impleaded in any court of

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law or equity in this State, or elsewhere, as their rights may come in question; shall have and use a common seal; shall be able in law and equity to purchase, have, hold, enjoy, receive, possess and retain, to them, their successors, and assigns for the use and benefit of said Town of East Dublin in perpetuity, or for any term of years, any estate or estates, and any and all kinds of property, real and personal, within or without the corporate limits of said town for corporate purposes; they shall have the right to borrow money and give evidences of indebtedness for the same, to issue bonds, and to do and perform all and every act and acts necessary of incident to the raising of funds for the legitimate use of said town; they shall have the right, power and authority to govern themselves by such rules, bylaws, regulations, resolutions, ordinances or other orders as they may deem proper, not to conflict with this charter, or the Constitution and laws of this State, or of the United States. Section 1.11 . The corporate limits of the town of East Dublin shall be as follows: Beginning at a point on the eastern bank of the Oconee River, and immediately under and in the center of the railroad trestle, which crosses the Oconee River leading from the City of Dublin, which trestle is jointly used by the Wrightsville Tennille Railroad Company and the Macon Dublin Savannah Railroad Company, and running thence northerly along the center of railroad tracts 67 degrees 30 minutes, east 1231 feet to a point; thence from said point along the center of the track of Macon, Dublin Savannah Railroad north 79 degrees 15 minutes east 650 feet; thence south 61 degrees 30 minutes east 750 feet; thence continuing along the center of said railroad tracks south 35 degrees east 1300 feet to a point; thence south 78 degrees east 550 feet; thence south 52 degrees 45 minutes east 220 feet; thence south 65 degrees 50 minutes east 2860 feet; thence south 58 degrees 40 minutes east 1300 feet; thence north 71 degrees 30 minutes east 1785 feet; thence north 59 degrees east 720 feet to the point in the center of River Road; thence north 40 degrees 30 minutes east 1193 feet; thence south 68 degrees east 267 feet; thence north 24 degrees east 1550 feet; thence north 77 degrees 30 minutes west 1517 feet; thence north 24 degrees west 2145 feet along the Spring Branch; thence continuing along Spring Branch north 19 degrees east 1850 feet; thence north 79 degrees 30 minutes west 5120 feet to a point in Buckeye Road; thence north 62 degrees west 2500 feet to eastern bank of Oconee River; thence south 15 degrees west along the banks of said Oconee River 2000 feet; thence continuing along the bank of said river

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south 41 degrees west 1650 feet; thence continuing south 52 degrees west 2310 feet to a point; thence continuing along the banks of said river south 16 degrees west 1000 feet; thence continuing south 26 degrees east 1030 feet to the point of beginning. The corporate limits of the town of East Dublin shall also embrace all of that area within the following description: `Commencing on the eastern right-of-way of the Dublin-Wrightsville highway being State highway number 15, at the point wherein the present corporate limit line of the Town of East Dublin intersects with the eastern right-of-way of said Dublin-Wrightsville highway, thence along the eastern right-of-way of said highway north 47 degrees 52 minutes east a distance of 19.68 chains; thence south 47 degrees 08 minutes east a distance of 6.00 chains; thence north 45 degrees 54 minutes east a distance of 17.22 chains; thence north 29 degrees 55 minutes west a distance of 6.00 chains; back to the eastern right-of-way of said Dublin-Wrightsville highway; thence along the eastern right-of-way of said highway north 45 degrees 05 minutes east 34.91 chains; thence continuing along the eastern right-of-way of said highway north 46 degrees 16 minutes east a distance of 5.92 chains to the junction of the Dublin-Wrightsville highway with a public dirt road; thence along the center of said public road north 37 degrees 29 minutes west a distance of 6.42 chains; thence continuing along the center of said road north 80 degrees 34 minutes west 9.09 chains; thence along the center of said road north 83 degrees 34 minutes west 18.18 chains; thence along the center of said road 82 degrees 34 minutes west 23.39 chains; thence along the center of said road north 71 degrees 44 minutes west 6.77 chains; thence along a land line fence south 43 degrees 34 minutes west 23.00 chains; thence north 44 degrees 06 minutes west 0.75 chains to the western right-of-way of the Buckeye Public Road; thence along the western right-of-way of said Buckeye Public Road south 44 degrees 42 minutes west 19.85 chains; thence along the western right-of-way of said road south 35 degrees 19 minutes west 4.45 chains; thence along the western right-of-way of said road south 27 degrees 55 minutes west 24.07 chains, to the point wherein the present corporate limit line intersects the western right-of-way of the Buckeye Public Road.' Section 1.12 . Specific powers. Subject to the limitations and requirements of general laws, the corporate powers of the government of the Town of East Dublin to be exercised by the governing authority may include the following:

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(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; and to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes; 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; (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

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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 East Dublin; 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 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;

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(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 fortunetelling, 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, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the town and to prescribe penalties and punishment for violation of such ordinances; (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

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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 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;

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(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 sentences in any public works or on the streets, roads, drains, and squares in the town; or to provide for commitment of such persons to any county correctional institution 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 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; (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;

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(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 vilation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (44) To exercise the power of arrest through duly appointed policemen and to organize and operate a firefighting 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;

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(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 an addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . General powers. In addition to all other powers herein granted, the town shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the town was heretofore authorized to exercise upon the effective date of this charter. Section 1.14 . Construction. The powers of the town shall 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.

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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 East Dublin shall be vested in a mayor and town council, said council to be composed of five councilmen chosen as hereinafter provided. Section 2.11 . The mayor and council shall constitute the legislative department of said town, and as such shall have full power and authority to establish such rules, laws, ordinances, regulations and orders as they deem proper respecting any and all municipal affairs, and which they may consider necessary or proper, or incident to the good government of said town, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preservation, peace, good order, and dignity of said government. Section 2.12 . 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 in office. Section 2.13 . 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 East Dublin 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 2.14 . Inquiries and investigations. The council may make inquiries and investigations into affairs of the town and the conduct of any department, office, or agency thereof and for this

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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 2.15. 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 East Dublin 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 East Dublin 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 2.16. Duties of mayor. The mayor shall be the chief executive officer of the Town of East Dublin. 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; (4) Have power to administer oaths and to take affidavits;

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(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; (7) The mayor shall have the veto power and may veto any ordinance, order or resolution of the city council in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least three councilmen duly recorded on the minutes. Unless the mayor shall file in writing with the city clerk his veto of any measure passed by said council, together with his reason for disapproval within three days after its passage, said measure shall become law, as though approved by him. (8) The mayor shall have full authority and power to pardon, suspend, or commute the sentence of any person for a violation of any ordinance of said town. (9) Perform other duties as may be required by law, this charter or ordinance. Section 2.17. At the first meeting of the appointed council under this charter, they shall elect one of their members as a mayor pro tempore, who shall, in the absence, disability or disqualification of the mayor, perform all of the duties and execute all of the rights, powers and privileges of the office of mayor. Such elected mayor pro tempore shall hold until the first regular meeting of the mayor and council of the Town of East Dublin on the January following such election, and at such meeting council of the Town of East Dublin shall again elect a mayor pro tempore. Section 2.18. Any person, resident of said Town of East Dublin, and who has been a bona fide resident for six months prior to the time of the election, and who shall be thirty years of age, and a qualified voter of said town, shall be eligible to hold the office of mayor. Any person, resident of said Town of East Dublin, and who has been a bona fide resident for six months prior to the time of election, and who shall be twenty-one years of age, and a qualified voter of said town, shall be eligible to hold the office of councilman of said town. Should the mayor or any councilman remove his residence from the limits of said town, during his term of office, his office shall thereby become vacant.

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Section 2.19. In case of a vacancy in office of mayor, or any member of the council from death, removal, disability, or any cause whatever, said vacancy shall be filled by an election ordered by the council of said town, to take place not more than sixty days from the time such vacancy occurred, and to be held under the same rules and regulations that govern other elections in said town. Section 2.20. The town clerk, or such other officer as may be designated by the council, shall cause notice of the holding of said election and the time and purpose thereof, to be given by posting at three different public places within the limits of said town. Section 2.21. Before entering upon their duties as mayor and council, of said town, the mayor and council shall take the following oath: I do solemnly swear that I will faithfully discharge the duties devolved on me as mayor or councilman (as the case may be) of the Town of East Dublin. That I will faithfully execute and enforce the laws of said town to the best of my ability, skill and knowledge, so help me God. Section 2.22. The mayor and council of East Dublin shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor shall have power to convene the town council in special sessions whenever he deems it proper, and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session. 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) The mayor shall have the power to convene the Town Council in special session when he deems it proper. The mayor and council shall have full authority and power to perform any of their duties or powers at a special or closed session. Section 2.24. 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 the keeping of a journal of its proceedings which shall be of public record. Section 2.25. 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, appointment or motion except as otherwise provided in this charter. Section 2.26. 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 East Dublin... 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 2.27. Codes of technical regulations. (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as 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 2.28. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.28. Authentication, recording, and codification of ordinances. (a) The town clerk shall authenticate by his or her

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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 East Dublin, 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, position 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. All appointments to administrative and service departments shall be made by the mayor and confirmed by the council. (b) The operations and responsibilities of each department now or hereafter established in the town shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the 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.

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(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 mayor and shall be confirmed 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 town 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. (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, 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.

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Section 3.12. Town clerk. The mayor, with the council's confirmation, 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 East Dublin. 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 East Dublin 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 mayor and confirmed by the council and shall serve at the discretion of the mayor. The compensation of the judge shall be fixed by the council.

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Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers. (a) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the Town of East Dublin 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 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 East Dublin or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.

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(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 the Superior Court of Laurens 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 same procedure as generally prescribed for appeals and appeal bonds from the probate court. ARTICLE V - ELECTIONS Section 5.10. Applicability of general law. All primaries and elections in the Town of East Dublin shall be held and conducted in accordance with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11. Municipal elections. Those persons serving as mayor and council of the Town of East Dublin immediately prior to the effective date of this section shall serve out their respective terms of office and until their respective successors are elected and qualified. On the second Wednesday in November, 1981, and each two years thereafter, there shall be held an election for mayor and council of said town, and the mayor and council so elected shall hold office for a term of two years beginning on the first day of January following their election and until the election and qualification of their respective successors. In all elections the party receiving plurality of votes shall be declared elected mayor, and the five parties receiving plurality of votes shall be declared elected councilmen.

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Section 5.12. Election ordinances. Except as otherwise provided by this charter, the mayor and council of the Town of East Dublin shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, as now or hereafter amended. 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 East Dublin. 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 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.

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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 East Dublin, 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 business, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. 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 East Dublin, 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.

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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 equal dignity with liens for county and town property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this article for town property taxes. Section 6.18. Construction; other taxes. The Town of East Dublin 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 accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.20. General obligation bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

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Section 6.21. 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 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 East Dublin, 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 East Dublin 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 East Dublin not inconsistent with the provisions of this charter shall continue in effect until they have 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, and which has not been amended by home rule action, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1000.00 or by imprisonment not to exceed twelve months or both such fine and imprisonment.

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Section 7.14. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7.15. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.16. Specific repealer. The following Acts incorporating the Town of East Dublin and all Acts amendatory thereto are hereby repealed in their entirety: An Act approved March 3, 1947 (Ga. Laws 1947, p. 251), an Act approved February 21, 1951 (Ga. Laws 1951, p. 2921), and an Act approved February 12, 1952 (Ga. Laws 1952, p. 2369). Section 7.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Ad. Notice is hereby given that there will be introduced in the 1981 regular session of the General Assembly of georgia, a bill to amend the Charter of the Town of East Dublin, Georgia, and for other purposes. William L. Tribble Attorney for East Dublin

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland who, on oath, deposes and says that he/she is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: January 17, 24, 31, 1981. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 26th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. DOWNTOWN DALTON DEVELOPMENT AUTHORITY. No. 706 (House Bill No. 895). AN ACT To create the Downtown Dalton Development Authority; to define certain terms; to provide for the creation and activation of such authority; to provide for certain subsequent resolutions of the governing

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body of the City of Dalton; to provide for the qualifications of directors of such authority; to provide for the powers of such authority; to provide for the issuance of revenue bonds, notes, and other obligations by such authority; to provide for the terms which may be contained in instruments executed by such authority and for limitations and procedures; to find and provide that such authority is created for public purposes; to provide that bonds, notes, and other obligations of such authority shall not constitute indebtedness of the State of Georgia or any county, the City of Dalton, or any other political subdivision of the state; to provide that property of such authority will be tax exempt; 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. Creation. (a) Pursuant to the authority of an amendment to Article IX, Section VIII, Paragraph II of the Constitution ratified at the 1980 general election (Ga. Laws 1980, p. 2119), there is hereby created the Downtown Dalton Development Authority, hereinafter referred to as the authority. The authority shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof 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. (b) The authority is created for the purpose of the revitalization of the downtown Dalton area and, in connection therewith, for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures, and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority necessary, convenient, or desirable for and incident to carrying out the foregoing purposes. Section 2. Definitions. (1) Cost of the project or cost of any project shall mean and shall include: all costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation,

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or rehabilitation incurred in connection with any project or any part of any project; all costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, 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 on revenue bonds, notes, or other obligations of the authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; all expenses for inspection of any project; all fees of fiscal agents, paying agents, trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement, 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 fees of any type charged by the authority in connection with any project; all expenses of or incidental to determining the feasibility or practicability of any project; all costs of title insurance and examinations of title with respect to any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; administrative expenses of the authority and such other expenses as may be necessary or incidental 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 renewel 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 or agreement 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

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of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or other obligations issued by the authority. (2) The Downtown Dalton District shall be composed of all that territory embraced within the following description: All that tract or parcel of land, situate, lying and being in the City of Dalton, Whitfield County, Georgia, more particularly described as follows: Beginning at a point where the L N Railroad (Main Track) intersects Waugh Street; then westerly along Waugh Street to the intersection of Thornton Avenue; then southerly along Thornton Avenue to the intersection of Morris Street; then easterly along Morris Street to the point where Morris Street intersects the L N Railroad (Main Track); then northerly along the L N Railroad (Main Track) to the point of beginning. The Downtown Dalton District shall include the tract or parcel of land encompassed by the above described boundary and all land directly abutting such described boundary line. (3) Governing body shall mean the elected or duly appointed officials constituting the governing body of the City of Dalton. (4) Municipal corporation shall mean the City of Dalton. (5) Project shall mean the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the Downtown Dalton District and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in or in connection with, any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the Downtown Dalton 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

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adopted, that the project and such use thereof would further the public purpose of this Act. (6) 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 but not including notes or other obligations of the authority. Section 3. Membership of authority; organization. (a) The authority shall be composed of seven members to be appointed and elected as hereinafter provided. One member at large shall be appointed by the governing body of the City of Dalton. Three members of the authority shall be elected by the owners of property which is subject to the tax provided for by this Act. The three remaining members of the authority shall be elected by owners of business establishments located within the Downtown Dalton District. The initial three members of the authority elected by each group as provided hereinabove shall serve for terms of office of one, two, and three years, respectively. Thereafter, all terms of office of members of the authority shall be for three years, except for the member appointed by the city council who shall serve one-year terms. (b) The initial members of the authority to be elected by the property owners and by the owners of businesses shall be elected by a caucus of each respective owner group which shall be held within 60 days after this Act becomes law and at such times and places as the governing body of the City of Dalton shall designate after 30 days' notice thereof shall have been given to the respective owners. Thereafter, there shall be conducted annually a caucus of each owner group at such time and place as the authority shall designate after having given due notice to the respective owner groups for the purpose of electing successor members of the authority. All elections shall be decided by a majority of those members present and voting. (c) In the event that 10 percent of the total number of the members of any owner group shall petition the authority, the authority shall call a caucus for the purpose of recalling any member named to the authority by such group. At such caucus, if a majority of those owners present and voting shall vote to recall any such member, a vacancy shall be declared to exist. If the term of such recalled member has less than six months until expiration, the authority shall then appoint a replacement member for the unexpired term from the affected owner group. In the event that the term of such recalled

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member shall expire more than six months from the date of recall, the authority shall declare that a vacancy exists and the authority shall then call a caucus of the owner group affected for the purpose of electing a member to fill such vacancy for the unexpired term. At such caucus, the nominee receiving the highest number of votes of the members present and voting shall be elected. (d) In the event of the death or resignation of a member of the authority whose remaining term of office shall be six months or less, the authority shall appoint a member to fill the vacancy for the unexpired term from the affected owner group. In the event of the death or resignation of a member of the authority whose term has more than six months to expiration, the authority shall declare that a vacancy exists and the authority shall give notice to the owner group affected of the time and place of the holding of a caucus for the purpose of filling the vacancy for the unexpired term. At such caucus, the nominee receiving the highest number of votes shall be elected to fill the vacancy. (e) As used in this section, the owners of the property which is subject to the tax provided herein shall be deemed, with respect to each parcel, to be that person or those persons who hold of record legal title to such parcel without regard to any lease, contract to sell, deed to secure debt, or other encumbrance thereon. The owner or owners of each parcel shall be entitled to one vote; provided, however, all contiguous property under the same ownership shall be deemed one parcel. (f) As used in this section, the owners of business establishments operating within the Downtown Dalton District shall be deemed to be that person or persons to whom a business license has been issued by the City of Dalton for the operation of a business and who is actually operating a business located within such district. The holder or holders of each such license shall be entitled to one vote. (g) Publication of notice in the official organ of Whitfield County, Georgia, not less than one week prior to the date of any meeting provided for herein shall be deemed due notice of such meeting to all persons concerned. (h) Should any elected member of the authority refuse to serve or should any elected member cease to own property or a business within the Downtown Dalton District a vacancy shall be immediately

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declared and a successor member named as provided hereinabove. (i) All actions of the authority shall be taken pursuant to a vote of the members. A majority of the membership of the authority shall be required to decide all issues and to authorize all actions. (j) All members of the authority, in addition to owning property or a business within the Downtown Dalton District, shall possess all qualifications required of voters by the laws of the State of Georgia. (k) The members of the authority shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary or secretary/treasurer. The members of the authority shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. Section 4. Taxation. The City of Dalton shall levy upon all real and personal property, except property used for residential or school or church purposes and except personal property which is returned for taxation to the State Revenue Commissioner, located within the Downtown Dalton District and subject to taxation by the City of Dalton a tax not to exceed eight mills according to the assessed value of said property for ad valorem taxes levied by the City of Dalton. The tax shall be levied by the City of Dalton at the request of the authority upon such terms and conditions as the governing body of the municipal corporation has established for the levy of such tax. Any such tax shall be due and payable at the same time as real property ad valorem taxes levied by the City of Dalton, and taxes not paid when due shall bear the same interest and penalties as other real property ad valorem taxes levied by the City of Dalton. The City of Dalton shall collect the amount of any such tax and pay such amount to the authority, which shall use the tax in furtherance of its public purposes. Section 5. Expansion of District. (a) Any property which has a common boundary with the Downtown Dalton District may be annexed to said District by a resolution duly adopted by the authority if the owners of the property to be annexed unanimously consent to such annexation. Any property which has a common boundary with the Downtown Dalton District may also be annexed to said District by resolution of the authority upon the petition to the authority of 70 percent of the owners of the property to be annexed and 70 percent of the owners of businesses located within the area to be annexed.

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(b) Any such change in the boundaries of the Downtown Dalton District shall be effective prospectively from the adoption of the resolution providing therefor and shall not affect any project of, or any action taken by, the authority within the Downtown Dalton District as defined prior to such change becoming effective. No such change shall modify the terms and conditions previously established with respect to the levying of the ad valorem tax authorized by this Act; and in no event shall taxing powers or amounts, whether accrued or to accrue in the future, which have been pledged, conveyed, assigned, hypothecated, or otherwise encumbered as security for repayment of any revenue bonds, notes, or other obligations of the authority be affected by any such modification until such revenue bonds, notes, or other obligations have been paid and satisfied in full. Section 6. Powers of authority. The authority shall have all of 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 to be sued; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, including but not limited to contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, 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 contributions or loans by persons, corporations,

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limited or general partnerships, or other entities, all of which the authority is hereby authorized to receive and accept and use; (6) 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 agreements or instruments as may be necessary or desirable in the judgment of the authority to evidence and to provide security for such borrowing; (7) 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 purpose; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or the services of the federal government or any agency thereof in order to further or carry out the public purposes of the authority; (10) To contract for any period not exceeding 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 political subdivision with which the authority contracts are by law authorized to undertake;

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(11) To extend credit or make loans to any person, corporation, limited or general partnership, or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or 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 reserve funds; and, in the exercise of powers granted hereby 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 or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (12) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including but not limited to real property, fixtures, personal property, and revenues or other funds, 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 agreement or instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instruments or agreements 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, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or 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 agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof;

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(13) As security for repayment of any revenue bonds, notes, or obligations of the authority, to enter into any agreement or other instrument pursuant to which the authority agrees to request that the City of Dalton levy ad valorem taxes upon such terms and conditions as the governing body of the City of Dalton has established for the levy of such tax and to pledge, convey, assign, hypothecate, or otherwise encumber amounts received by the authority from such taxes; (14) To receive and use the proceeds of any tax levied by the City of Dalton pursuant to the authority's request, as provided in this Act, to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (15) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (16) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the authority and the public purpose thereof; (17) To acquire, accept, and retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (18) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (19) To encourage and promote the improvement and revitalization of the Downtown Dalton District and to make, contract for, or otherwise cause to be made long-range plans or proposals for the Downtown Dalton District in cooperation with the City of Dalton;

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(20) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (21) 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 public purpose of the authority; and (22) To do all things necessary or convenient to carry out the powers conferred by this Act. The powers enumerated in each paragraph above are cumulative with and in addition to those enumerated in the other paragraphs above and elsewhere in this Act, and no such power limits or restricts any other power of the authority. Section 7. Eminent domain. The City of Dalton may exercise the power of eminent domain within the Downtown Dalton District to acquire property on behalf of the authority. The power of eminent domain may be exercised by the City of Dalton on behalf of the authority only for the purpose of acquiring property which will be devoted by the authority to a public use, and no property acquired by the exercise of such power may be acquired for the purpose of devoting such property to private use. Property acquired by the City of Dalton as provided herein shall be conveyed to the authority upon the payment by the authority to the city of the total cost of such acquisition. Section 8. Revenue bonds. Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property, including but not limited to real property, fixtures, personal property, revenues, or other funds, and obligations pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority adopted by a majority vote of the directors of the authority. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 30 years from their respective dates, shall bear interest at such rate or rates, which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and

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conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the directors of the authority then in office and their successors. The authority shall have power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this Act. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which any authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, the usury laws of the State of Georgia, or any other laws of the State of Georgia shall not apply to revenue bonds, notes, or other obligations of the authority. Section 9. Provisions and obligations; limitations and procedures. (a) Subject to the limitations and procedures provided by this section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. (b) The proceeds derived from the sale of all bonds, notes and other obligations 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 or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with the provisions of this Act. (c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or

Page 4683

other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) The authority shall have the power and is hereby authorized, whenever bonds of the authority shall have been validated as provided in this Act, to issue from time to time its notes in anticipation 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 such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such 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 the authority is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such bonds, 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) All bonds issued by the authority under this Act shall be issued and validated under and in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore and hereafter amended, except as provided in this Act, provided that notes and other obligations of the authority may, but shall not be required to, be so validated. (f) 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 exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the

Page 4684

date on which such bonds were validated, and such entry shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or, 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, which may be fixed or may fluctuate or otherwise change from time to time, so specified; 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 doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms cost of the project or cost of any project shall have the meaning prescribed in this Act whenever referred to in bond resolutions of the authority, in bonds, notes, or other obligations of the authority, or in notices or proceedings to validate such bonds, notes, or other obligations of the authority. Section 10. Purpose and declaration of need. The revitalization and redevelopment of the central business district of the City of Dalton develops and promotes for the public good and general welfare trade, commerce, industry, and employment opportunities and promotes the general welfare of the state by creating a climate favorable both to the location of new industry, trade, and commerce and to the development of existing industry, trade, and commerce within the City of Dalton. Revitalization and redevelopment of the central business district by financing projects under this Act will develop and promote for the public good and general welfare trade, commerce, industry, and employment opportunities and will promote the general welfare of the state. It is therefore in the public interest, vital to the public welfare of the people of the City of Dalton, and hereby declared to be the public purpose of this Act to revitalize and redevelop the central business district of the City of Dalton. No bonds, notes, or other obligations, except refunding bonds, shall be

Page 4685

issued by the authority hereunder unless its board of directors adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives. Section 11. Construction of Act. The provisions of this Act shall be liberally construed to effect the purpose hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia Securities Act of 1973 (Ga. Laws 1973, p. 1202), as heretofore and hereafter amended. No notice, proceeding, or publication except those herein required shall be necessary to the performance of any act herein authorized nor shall any such act be subject to referendum. Section 12. Bonds, notes, and other obligations not to constitute public debt. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof or of the City of Dalton nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision or of the City of Dalton. Except as otherwise specifically provided in this Act, no holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof or of the City of Dalton or to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision or against the City of Dalton. Section 13. Constitutional authority for Act; tax exemption of authorities. This Act is passed pursuant to authority granted the General Assembly by the Constitution of the State of Georgia of 1976. The authority hereby created is created for nonprofit and public purposes; and it is hereby found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and the City of Dalton 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. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued hereunder that the authority shall not be required to pay any taxes or assessments

Page 4686

imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts or by the City of Dalton 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, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. Section 14. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 15. Affect on other authorities. This Act shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law. Section 16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to create the Downtown Dalton Development Authority and to provide for its powers, duties, and responsibilities; and for other purposes.

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This 12th day of January, 1981. /s/ Roger Williams Representative, 6th District 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: January 16, 23 and 30, 1981. /s/ Roger Williams Representative, 6th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 9, 1981.

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ALBANY-DOUGHERTY INNER CITY AUTHORITY ACT AMENDED. No. 707 (House Bill No. 900). AN ACT To amend an Act creating the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), as amended, so as to change and provide for definitions; to amplify, change, expand, and declare the purposes and objectives of the Authority; to provide for tax exemptions; to change certain provisions relating to the authorization of the issuance of revenue bonds; to amplify, expand, change, and declare the powers of the Authority; to amplify, expand, change, and declare the purpose of the Authority; to change certain provisions relating to revenue bonds and costs; to change certain provisions relating to resolutions, trust indentures, and other instruments and agreements; to change certain provisions relating to creation of debt; to provide that this Act shall be liberally construed; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), as amended, is hereby amended by striking in its entirety Section 2 thereof and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Definitions. As used in this Act, the following words and terms shall have the meanings set forth herein below: (a) The term `Act' shall mean the Act of the General Assembly approved March 30, 1977 (Ga. Laws 1977, p. 4220), creating the Authority (as defined below), as now or hereafter amended. (b) The term `Authority' shall mean the Albany-Dougherty Inner City Authority. (c) The terms `cost of the project' or `cost of any project' shall 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; all costs of real

Page 4689

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 6 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.

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(d) The term `project' shall 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 a project area, 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 any project area. 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 project areas and the public purpose of this Act. (e) The terms `project area' or `project areas' shall mean any slum or blighted area or areas within those urban, central city, or downtown portions of Dougherty County, Georgia, selected by the Authority for redevelopment or improvement pursuant to the authority and provisions of this Act. (f) 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. (g) The term `slum or blighted area' shall mean any area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare, or any area which by reason of the presence of: (i) A substantial number of slum, deteriorated, or deteriorating structures; (ii) Predominance of defective or inadequate street layout;

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(iii) Faulty lot layout in relation to size, adequacy, acessibility, or usefulness; (iv) Unsanitary or unsafe conditions; (v) Deterioration of site or other improvements; (vi) Tax or special assessment delinquency exceeding the fair value of land; (vii) The existence of conditions which endanger life or property by fire and other causes; (viii) Diversity of ownership or defective or unusual conditions of title which prevents the free alienability of land within the deteriorated or hazardous area; or (ix) Any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. Section 2. Said Act is further amended by striking in its entirety Section 3 thereof and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Purposes of the Authority. (a) The Authority has been created for the purpose of eliminating and improving slum or blighted areas by the revitalization and redevelopment of the project areas for any commercial, business, office, public, or other use determined by the members of the Authority to further the redevelopment of the project areas. In pursuit of such purpose, the Authority may engage in any one or more of the following redevelopment activities: (i) The acquisition and clearance of project areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses; (ii) The renovation and rehabilitation of existing buildings, structures, and improvements located in the project areas;

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(iii) The acquisition and construction of new buildings, structures, and improvements to be located in the project areas; (iv) The improvement of the public facilities of said areas including the construction of streets, roadways, parks, malls, and transportation systems, the acquisition, construction, adding to, extending, improving, equipping, maintaining and operating parking lots, parking garages, parking decks, and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property; and (v) Such other activities as determined by the members of the Authority to further the redevelopment of the project areas. The purpose of the Authority is hereby found and declared to be an essential and public purpose, the pursuit of which will promote the public good and welfare and benefit the citizens of Dougherty County, Georgia, in general, and the project areas, in particular, by (1) redeveloping and revitalizing the project areas and (2) fostering the development of trade, commerce, industry, and employment opportunities within the project areas. (b) It is hereby further found and declared that all property of the Authority held pursuant to the terms of this Act, whether real or personal, tangible, or intangible, or of any kind and 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, and that all bonds of the Authority issued under the provisions of this Act are declared to be issued for an essential public purpose and all such bonds and the income therefrom shall at all times be exempt from taxation within the State. Section 3. Said Act is further amended by striking in its entirety subsection (e) of Section 4 thereof and inserting in lieu thereof a new subsection (e) to read as follows: (e) 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.

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Section 4. Said Act is further amended by striking in its entirety the first clause of subsection (c) of Section 5 and inserting in lieu thereof the following: To make and execute contracts and other instruments necessary or convenient to the exercise of 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 which it causes to be erected or acquired, and to contract with any departments, institutions, agencies, counties, municipalities, or political subdivisions of the State of Georgia, public corporations, and with private legal entities and others upon such terms and for such purposes as the members of the Authority may deem advisable;. Section 5. Said Act is further amended by striking in their entirety subsections (d), (j), and (n) of Section 5 thereof and inserting in lieu thereof new subsections (d), (j), and (n) to read as follows: (d) To finance (by loan, grant, or lease), construct or 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 contributions 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; (j) To issue revenue bonds, notes, or other obligations of the Authority and use the proceeds thereof for the purpose of paying, or lending the proceeds thereof to pay, all or any part of the cost of any project or 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; (n) 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.

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Section 6. Said Act is further amended by redesignating existing subsection (u) of Section 5 as subsection (w) and by adding thereto new subsections (u) and (v) to read as follows: (u) 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. (v) As security for repayment of any revenue bonds, notes, or other obligations of the Authority, to pledge, mortgage, convey, 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; provided, however, the Authority may not mortgage any of its property if such transaction would constitute a violation of any of the provisions of the Constitution or laws of the State of Georgia. Section 7. Said Act is further amended by adding to subsection (a) of Section 6 thereof the following:

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The Authority in determining the cost of any project for which revenue bonds, notes, or other obligations are to be issued may include all costs relative to the issuance thereof, including, without limitation, architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such revenue bonds, notes, or other obligations through the period of construction and for six months after the completion thereof. Section 8. Said Act is further amended by striking in its entirety subsection (i) of Section 6 thereof and inserting in lieu thereof a new subsection (i) to read as follows: (i) The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt (within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976) of the State of Georgia, the City of Albany, the County of Dougherty, or the Authority, or a pledge of the faith and credit of said State, City, County, nor shall said State, City, or County be subject to any pecuniary liability thereon. Section 9. Said Act is further amended by deleting in its entirety the sixth sentence of subsection (j) of Section 6 thereof and by inserting two new sentences in lieu thereof to read as follows: Any resolution adopted by the Authority or any indenture of trust, trust agreement, or other instrument executed by 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. Section 10. This Act having been adopted for the purpose of promoting the public good and welfare and for the benefit of the citizens of Dougherty County, Georgia, the same shall be liberally construed so as to effectuate the purposes thereof. 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,

Page 4696

sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. There will be introduced for passage at the current 1981 session of the General Assembly of Georgia a local bill to amplify, expand, and declare the purposes, objectives, and powers of the Albany-Dougherty Inner City Authority. Albany-Dougherty Inner City Authority By: James V. Davis, Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless 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 28, February 4, 11, 1981. /s/ Tommy Chambless Representative, 131st District

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Sworn to and subscribed before me, this 26th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. McINTOSH RESERVE HISTORICAL AUTHORITY. No. 708 (House Bill No. 919). AN ACT To create the McIntosh Reserve Historical Authority; to provide for a short title; to provide for legislative findings; to provide for membership of the Authority, and the appointment, terms, qualifications, compensation, and expenses of members; to provide for organization of the Authority; to provide for an advisory board and the appointment, terms, and expenses thereof; to provide for vacancies; to provide for definitions; to provide for powers of the Authority; to provide for the issuance of revenue bonds and the conditions and procedures connected therewith; to provide for bond form, denomination, registration, and place of payment; to provide for signatures and seals upon bonds and coupons; to provide for bond negotiability and exemption from taxation; to provide for sale of bonds and use of proceeds thereof; to provide for interim receipts and certificates and temporary bonds; to provide for replacement of bonds; to provide conditions precedent to bond issuance; to provide that such bonds shall not be a debt of or pledge of faith and credit of Carroll County; to provide for trust indentures and the conditions and procedures connected therewith; to provide for payment of bond proceeds; to provide for a sinking fund and the conditions and procedures connected therewith; to provide for remedies of bondholders; to provide

Page 4698

for funding and refunding bonds; to provide for venue and jurisdiction; to provide for bond validation and the procedures connected therewith; to provide for protection of the interest of bondholders; to provide for certain moneys to be considered trust funds; to provide for the purposes of the Authority; to provide for collection and use of rates, fees, tolls, charges, and other revenues; to provide for rules and regulations; to provide for open meetings; to provide for competitive bids; to provide for actions by the Authority; to provide for audits and publication thereof; to provide for investment of funds; to provide that certain powers shall be supplemental and additional; to provide for construction; to provide for county and municipal powers; 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 may be cited as the McIntosh Reserve Historical Authority Act. Section 2. McIntosh Reserve Historical Authority. (a) The General Assembly hereby finds that the McIntosh Reserve in Carroll County, Georgia, constitutes an important historical, cultural, and educational site for the State and Carroll County, and that the Indian mounds and other Indian artifacts contained therein must be preserved and protected, and that exhibit and other facilities be developed on or near the McIntosh Reserve for purposes of investigating such Indian artifacts and informing and educating citizens of and visitors to this State of the significant contributions of Indian history and culture to the history and culture of this State. (b) For the purposes specified in subsection (a) of this Section, there is hereby created a body corporate and politic to be known as the McIntosh Reserve Historical 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. (c) The Authority shall consist of seven members. Members of the Authority shall be appointed by the Board of Commissioners of Carroll County for terms of office of seven years and until the appointment and qualification of their respective successors. Any elective county officer of Carroll County or of the Carroll County

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school district, and any elective official of any municipality or of any independent school system located wholly or partially within Carroll County, may be appointed as a member of the Authority. No more than three of such elective officials may serve on the Authority. No person shall be eligible to serve as a member of the Authority unless such person is a resident of Carroll County. Any member of the Authority may be appointed to succeed himself. Immediately after their appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member such person shall have no voting rights. Two-thirds of the members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall receive no compensation on account of service as members but 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. (d) A 28 member advisory board is created to assist the Authority. The advisory board shall have no policy-making functions. Each member of the Authority is authorized to appoint four members to the advisory board to serve for terms of two years and until the appointment and qualification of their respective successors. Persons to succeed members of the advisory board whose terms expire and to fill vacancies for any unexpired term on the advisory board shall be appointed in the same manner as was the original appointment of the member whose term expired or whose position became vacant. The members of the advisory board shall receive no compensation on account of their service on the board but shall be entitled to receive actual and necessary expenses on account of such service. Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings:

Page 4700

(a) The word Authority shall mean the McIntosh Reserve Historical Authority created in Section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of buildings and the usual facilities, furnishings, equipment, and real and personal property related thereto, and extensions and improvements of such buildings, equipment, facilities and property, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such buildings, facilities, furnishings and equipment, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery, furnishings and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary 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

Page 4701

connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, and no property shall be 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 Carroll 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

Page 4702

every kind and character, and any and all persons, firms and corporations, the State and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to buildings and facilities, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, counties, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act; (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;

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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 Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 17 hereof; (l) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed ten (10) years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and Carroll County as the lessee; (m) To accept donations, gifts, devises, and bequests or other contributions from any person, firm, or corporation; (n) 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

Page 4704

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. 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.

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Section 8. Same; Negotiability; Exemption From Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost. Section 12. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 13. Credit Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Carroll County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain

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recitals on their face covering substantially the foregoing provisions of this Section. Section 14. Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and may also contain provisions concerning 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

Page 4707

trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired by redemption, payment or otherwise, 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

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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 action against such Authority shall be brought in the Superior Court of Carroll 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 unless otherwise required by the Constitution of the State of Georgia. 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

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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 McIntosh Reserve Historical 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. Section 22. Moneys Received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the Authority. Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating buildings and the usual facilities, furnishings, equipment, and property related thereto, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority, necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise from time to

Page 4710

time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereafter made or the sale of any of its lands and facilities. Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which facilities shall be furnished. Section 26. Open Meetings; Financial Transactions. (a) All meetings of the Authority shall be opened to the public at all times. Ample notice shall be given to all members of the Authority and to the public of any special or called meeting of the Authority. The minutes of all meetings and all actions taken by the Authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the Authority of personal property or services in excess of $500.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Carroll 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 Carroll 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.

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(d) The affirmative action of at least four members of the Authority shall be required in order that any action on behalf of the Authority may be taken. (e) At the conclusion of each fiscal year of the Authority, the affairs of the Authority shall be audited by a certified public accounting firm. The Board of Commissioners of Carroll County shall select the firm which shall conduct the audit. A synopsis of the audit shall be published in the official organ of Carroll 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 Carroll County, shall be liberally construed to effect the purposes hereof. Section 29. County Powers. This Act does not in any way take from Carroll 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 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.

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Section 31. Effective Date. This Act shall become effective upon 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 January 1981 session of the General Assembly of Georgia a bill to create an authority for the development of the McIntosh Reserve; to provide the procedure connected therewith and for other purposes. This 10th day of February, 1981. /s/ Wayne Garner /s/ Gerald L. Johnson /s/ Charles A. Thomas, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Johnson who, on oath, deposes and says that he/she is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Times-Georgian which is the official organ of Carroll County, on the following dates: February 12, 19, 26, 1981. /s/ Gerald Johnson Representative, 66th District

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Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. MILLER COUNTYBOARD OF EDUCATION, REFERENDUM. No. 709 (House Bill No. 925). AN ACT To amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. Laws 1968, p. 2529), as amended by an Act approved March 13, 1970 (Ga. Laws 1970, p. 2726), so as to change the method of electing the members of the board of education of Miller County; to provide for terms of office; to provide for district residency requirements; to provide for filling vacancies; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for a special election; to provide for certain submissions to the attorney general of the United States; 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 selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. Laws 1968, p. 2529), as amended by an Act approved March 13, 1970 (Ga. Laws 1970, p. 2726), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

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Section 1. (a) The board of education of Miller 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 Miller County, said county shall be divided into five education districts as follows: EDUCATION DISTRICT 1 Commencing at a point where County Road No. S1586, known as the Phillipsburg Road, intersects the Miller-Baker County Line and run in a Southwesterly direction along the centerline of said County Road to a point where the centerline of said County Road intersects the City Limits Boundary Line of the City of Colquitt, Georgia; thence run Westerly along the City Limits Boundary Line of the City of Colquitt to a point where the City Limits Boundary Line intersects the centerline of State Highway 45; thence run Southerly along the centerline of State Highway 45 to a point where said centerline intersects the centerline of Cuthbert Street in the City of Colquitt, Georgia; thence run in a Southerly direction along the centerline of Cuthbert Street to a point where said centerline intersects the centerline of Main Street in the City of Colquitt; thence run Easterly along the centerline of Main Street in the City of Colquitt to a point where the centerline of Main Street intersects the centerline of Fourth Street in the City of Colquitt; thence run in a Northerly direction along the centerline of Fourth Street to a point where the centerline of Fourth Street intersects County Road No. S1586 in the City of Colquitt; thence run in a Northeasterly direction along the centerline of County Road No. S1586 to a point where the centerline of said road intersects the centerline of Perry Drive, also known as the Old Colquitt-Cooktown Road in the City of Colquitt; thence run along the centerline of said Perry Drive in an Easterly direction to the City Limits Boundary Line of the City of Colquitt; thence continue in an Easterly direction along the centerline of said County dirt road, known as the Old Colquitt-Cooktown Road, to a point where said Road intersects the centerline of State Highway 91; thence run along the centerline of State Highway 91 in an Easterly direction to a point where the centerline of State Highway 91 intersects the Miller-Baker County Line; thence run Northerly along the Miller-Baker County Line to the Northeast corner of Miller County, Georgia; thence run Westerly along the Miller-Baker County Line to the centerline of County Road No. S1586, the Point of Beginning of said District 1.

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EDUCATION DISTRICT 2 Commencing at a point where the centerline of State Highway 91 intersects the East County Line of Miller County, being the Miller-Baker County Line, and run Westerly along the centerline of State Highway 91 to a point where the centerline of State Highway 91 intersects the centerline of the Old Colquitt-Cooktown Dirt Road; thence run in a Westerly direction along the centerline of the Old Colquitt-Cooktown Dirt Road to the East City Limits Boundary Line for the City of Colquitt; thence run in a Southerly direction along the East City Limits Boundary Line for the City of Colquitt to the Southeast corner of the City Limits for the City of Colquitt; thence run in a Westerly direction along the South City Limits Boundary Line for the City of Colquitt to a point where said City Limits Boundary Line intersects the center of the run of Spring Creek; thence run in a Southerly direction along the center of the run of Spring Creek to the South County Line of Miller County, being the Miller-Decatur County Line; thence run in an Easterly direction along the South County Line of Miller County to the Southeast corner of Miller County; thence run in a Northerly direction along the East County Line of Miller County to the centerline of State Highway 91, being the Point of Beginning of District 2. EDUCATION DISTRICT 3 Commencing at a point where the center of the run of Spring Creek in Miller County intersects the South County Line of Miller County, being the Miller-Decatur County Line, and run in a Northerly direction along the center of the run of Spring Creek to the South City Limits Boundary Line for the City of Colquitt; thence run in a Westerly direction along the South City Limits Boundary Line of the City of Colquitt to the Southwest corner of the City Limits of Colquitt, Georgia; thence run in a Northerly direction along the West City Limits Boundary Line for the City of Colquitt to a point where said West City Limits Boundary Line intersects the centerline of State Highway 91; thence run in a Southwesterly direction along the centerline of State Highway 91 to a point where the centerline of State Highway 91 intersects the centerline of State Highway No. 273; thence run in a Westerly direction along the centerline of State Highway No. 273 to a point where the centerline of said Highway intersects the West Miller County Line, being the Miller-Early County Line; thence run in a

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Southerly direction along the West Miller County Line to the Southwest Corner of Miller County; thence in an Easterly direction along the South Miller County Line to the center of the run of Spring Creek, being the Point of Beginning of District 3. EDUCATION DISTRICT 4 The Corporate Limits of the City of Colquitt, Georgia, except that section contained in District 1 as herein before described. EDUCATION DISTRICT 5 Commencing at a point where the centerline of County Road No. S1586, known as the Phillipsburg Road, intersects the North County Line of Miller County and run in a Southwesterly direction along the centerline of County Road No. S1586 to a point where said centerline of said road intersects the North City Limits Boundary Line for the City of Colquitt to the Northwest Corner of the City Limits of the City of Colquitt; thence in a Southerly direction along the West City Limits Boundary Line for the City of Colquitt to a point where the West City Limits Boundary Line intersects the centerline of State Highway 91; thence in a Southwesterly direction along the centerline of State Highway 91 to a point where said centerline intersects the centerline of State Highway No. 273; thence run in a Westerly direction along the centerline of State Highway No. 273 to a point where said centerline intersects the West County Line of Miller County; thence run in a Northerly direction along the West County Line of Miller County to the Northwest corner of Miller County; thence run in an Easterly direction along the North County Line of Miller County to a point where the North County Line of Miller County intersects the centerline of County Road No. S1586, being the Point of Beginning of District 5. (b) There shall be one member of the board elected from each one of the five education districts described herein. Each such member shall be elected by a majority of the voters voting within the boundaries of each respective education district. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers as a candidate. If any member of the board shall change his residence from the education district that he represents, he shall no longer represent that district and a successor shall be elected as provided herein. In case of a

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vacancy on the board for any cause other than the expiration of a term of office, the remaining members of the board shall be authorized to appoint a successor to fill the vacancy for the unexpired term. Section 2 . Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The first members of the board elected under the provisions of this Act shall assume office on January 1, 1982, and each of them shall serve for a term of office of five years. Thereafter, members of the board shall be elected at the general election immediately preceding the expiration of their respective terms of office and each of them shall serve for terms of office of four years and until their successors are elected and qualified. Successors to the first and subsequent members of the board shall assume office on the first day of January following their election. Section 3 . It shall be the duty of the election superintendent of Miller County to issue the call for an election for the purpose of submitting this Act to the electors of Miller County for approval or rejection. The superintendent shall set the date of such election for the first Tuesday in August, 1981. At least 30 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 Miller 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 Miller 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 Miller 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 4. If this Act is approved by the electors of Miller County as provided in Section 3, it shall be the duty of the election superintendent of Miller County to issue the call for an election for the purpose of electing the first members of the board of education under the provisions of this Act. The superintendent shall set the date of the election for the first Tuesday in November, 1981. The election shall be conducted in accordance with the provisions of this Act and the Georgia Election Code, as amended. Section 5. The board of education of Miller County is hereby authorized and directed to instruct the attorney for the board to submit immediately a certified copy of this Act and other pertinent information to the attorney general of the United States for approval in accordance with Section 5 of the Voting Rights Act of 1965. 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 1981 Session of the General Assembly a bill to provide for the election of the Members of the Miller County Board of Education from five (5) Election Districts, being one (1) member from each district and to provide for a special election to elect the members thereof March, 1981. Ronald H. Rentz Attorney for The Miller County Board of Education 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 Miller County Liberal

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which is the official organ of Miller County, on the following dates: February 5, 12, 19, 1981. /s/ Ralph Balkcom Representative, 140th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. NEWTON COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 710 (House Bill No. 929). AN ACT To amend an Act creating a Board of Commissioners of Newton County, approved April 6, 1967 (Ga. Laws 1967, p. 2784), as amended, so as to change the compensation of members of the board other than the chairman; to change the provisions relating to travel allowances and reimbursements for 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:

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Section 1. An Act creating a Board of Commissioners of Newton County, approved April 6, 1967 (Ga. Laws 1967, p. 2784), as amended, is hereby amended by striking from Section 1-106 the following: The members of the board shall receive $200.00 per month, plus actual and necessary expenses incurred in carrying out their official duties. Section 2. Said Act is further amended by adding between Sections 1-106 and 1-107 a new section, to be designated Section 1-106A, to read as follows: Section 1-106A. (a) The members of the board of commissioners other than the chairman shall receive a base salary of $150.00 per month. (b) In addition to the base salary provided for in subsection (a), members of the board of commissioners shall receive $100.00 per month as reimbursement for actual and necessary expenses incurred in performing their official duties. Said sum shall be received without the necessity of itemizing or verifying expenses. Section 3. Said Act is further amended by striking Section 1-107 of said Act, which reads as follows: Section 1-107. The chairman and all board members are hereby authorized to receive not in excess of $25.00 per day for actual and necessary expenses, exclusive of mileage or transportation fares actually expended, when said chairman and board members are out of town overnight on county business. All actual and necessary expenses paid to the chairman and any board member shall be paid only upon presentation of an itemized statement of said expenses. All board members and the chairman shall turn in an itemized statement each month of mileage, which shall be set at 10 cents per mile, and other expenses each month before a check is issued., and substituting in lieu thereof the following: Section 1-107. (a) (1) In addition to other compensation provided by law, the chairman and members of the board of commissioners shall receive reimbursement for actual and necessary expenses, excluding mileage or transportation costs, when the chairman and members are out of town overnight on county business.

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(2) In addition to the compensation provided for herein, the chairman and the members of the board of commissioners shall receive reimbursement for mileage driven on county business in personal vehicles. Such reimbursement shall correspond to the rate per mile authorized for employees of the State of Georgia. (b) The reimbursements provided for in subsection (a) shall be paid only upon presentation of an itemized statement of expenses and mileage. 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 1981 Session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Newton County, approved April 6, 1967 [Ga. laws 1967, p. 2784], as amended; and for other purposes. This 10 day of February, 1981. Denny Dobbs Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny Dobbs 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

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Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: February 12, 19, 26, 1981. /s/ Denny Dobbs Representative, 74th District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. COWETA COUNTYSMALL CLAIMS COURT CREATED. No. 711 (House Bill No. 947). AN ACT To create and establish a Small Claims Court of Coweta 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 marshals 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

Page 4723

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 the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Coweta County. Said court shall have civil jurisdiction in cases ex contractu and ex delicto in which the demand or value of the property involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in Coweta 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 civil and criminal powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) In order to serve as a judge of the small claims court created by this Act, a person must be a resident of Coweta County, 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 court 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 Coweta County. Section 3. (a) The Board of Commissioners of Coweta 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 and one or more deputy clerks, subject to the approval of said Board of Commissioners, who

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shall be or become within twelve months after their appointment, certified according to the same rules and procedures as certified justices 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 clerks. (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. (d) The fees charged for the issuance of warrants shall be the same as those prescribed for the issuance of warrants by justices of the peace under the laws of the State of Georgia. Section 4. 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 Coweta County or any judge of a state court located in Coweta 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. All fees collected by the judge, as herein authorized, shall be accounted for and paid into the county treasury. Section 6. (a) Actions shall be commenced by the filing of a statement of claims, 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

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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 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

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entitled to a fee of $9.50 from 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 hereof to offset the claim of the plaintiff. Section 11 . When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.

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Section 12 . The judge of the 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 Coweta 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 the 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 Coweta County. Such marshals shall serve at the pleasure of the judge and under his discretion. 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 removal from office for failure of duty or malfeasance in office, as are other lawful constables of this state. The sheriff of Coweta County and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio marshals of said court. Section 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 of Coweta County and the entry thereof is made by the Clerk in the general execution docket for said County. Section 16 . Appeals may be had from judgments returned in the Small Claims Court to the Superior Court and the same provisions

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now provided for by general law for appeals, contained in Code Chapter 6-1, to the Superior Court, shall be applicable to appeals from the Small Claims Court to the Superior Court, the same to be a de novo appeal. Section 17 . Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court of Coweta County Newman, Georgia

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Page 4730

Section 18 . The judge of the Small Claims Court in Coweta County who is serving on the effective date of this Act shall serve until the expiration of his current term of office. Thereafter, the judge of said court shall be elected at the general election immediately preceding the expiration of his respective term of office. Successors to the judge of said court 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 of Coweta County, and such successor shall serve until the next general election at which time a successor shall be elected. Section 19 . All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of Commissioners of Coweta County. 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 judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment

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proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 21 . A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable or by a Small Claims Court marshal. Such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 22 . The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the Coweta County treasury or depository to be used for Coweta County purposes. Section 23 . 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 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 . All mesne and final processes and all actions, suits, or cases which are pending in the Small Claims Court in Coweta County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Coweta County which is created by this Act. Section 25 . It is the intent of the General Assembly of Georgia to create a Small Claims Court of Coweta County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Coweta County as created by an Act approved March 26, 1980 (Ga. Laws 1980, p. 4045), which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 26 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the

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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 27. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `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.', approved March 26, 1980 (Ga. Laws 1980, p. 4045); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create the

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Small Claims Court of Coweta County; to provide for other matters relative thereto; and for other purposes. This the 19th day of January, 1981. Vernon Hunter Clerk, Board of Commissioners, Coweta County, Georgia Georgia, Coweta County. Personally appeared before the undersigned officer duly authorized to administer oaths in the State of Georgia, William W. Thomasson, who first being duly sworn, says on oath that he is the publisher of the Newnan Times-Herald, the official organ of Coweta County, and that the foregoing attached notice was duly published in said newspaper for three weeks, to-wit: January 22, January 29 and February 5, 1981. /s/ William W. Thomasson Sworn to and subscribed before me, this 26 day of February, 1981. /s/ Charles Van S. Mottola Notary Public, State of Georgia. (Seal). Approved April 9, 1981.

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CITY OF ALBANYCORPORATE LIMITS. No. 712 (House Bill No. 951). AN ACT To amend an Act providing a new charter for the City of Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 2104), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4498), so as to establish the corporate limits of the City of Albany; 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 Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 2104), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4498), is hereby amended by striking the first undesignated paragraph of Section 2 of said Act and substituting in lieu thereof the following: The corporate limits proper of the City of Albany shall be as follows: with the intersection of the land district line between the First and Second Land Districts of Dougherty County and the northerly county line of Dougherty County as a beginning point run east along the northerly county line of Dougherty County and the north Land Lot line of Land Lots 409, 408, 369 and 368, First Land District of Dougherty County to a point on the west bank of the Kinchafoonee Creek; thence run southeasterly along the west bank of the Kinchafoonee Creek to the west right-of-way line of Old Leesburg Road; thence run south-southeasterly along the west right-of-way line of Old Leesburg Road to the north right-of-way line of Philema Road extended westerly; thence run easterly along the extension westerly of the north right-of-way line of Philema Road to the east bank of the Muckafoonee Creek; thence run southeasterly along the east bank of the Muckafoonee Creek to the west bank of the Flint River; thence run east three hundred (300) feet more or less to the east line of the low water mark of Flint River; thence northeasterly along the east bank of the Flint River and easterly along the south side of the Georgia Power Reservoir, (as defined by the water line when the water elevation is a 182.0 mean sea level at the Georgia Power Company Dam,) and the Flint River and the west bank of the Piney

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Woods Creek to a point on the west bank of the Piney Woods Creek which is defined by a North-South Line which proceeds North from a point named, Point `A', that is five thousand six hundred thirty one and three tenths feet (5631.3') north of and four thousand four hundred twenty two and eight tenths feet (4422.8') east of the intersection of the east right-of-way of McCollum Drive and the north right-of-way of the Cordele Road (State Route 257) with the East bearing of McCollum Drive being North zero degrees, fifteen minutes, three seconds West (N 015'03W); thence from the point on Piney Woods Creek's west bank, proceed due South to Point `A' as previously established; thence along a series of bearings and distances to the Northeast corner of the right-of-way of McCollum Drive: South zero degrees, twenty four minutes, twelve seconds East (S 024'12E) a distance of six hundred seventy seven and forty five hundredths feet (677.45'); thence South forty four degrees, thirty three minutes, fifty six seconds West (S 4433'56W) a distance of five hundred sixty five and fifty five hundredths feet (565.55'); thence South eighty nine degrees, thirty three minutes, twenty nine seconds West (S 8933'29W) a distance of six hundred seventy seven and seventy two hundredths feet (677.72'); thence North forty five degrees, twenty two minutes, twenty five seconds West (N 4522'25W) a distance of one thousand four hundred eighty seven and fifty seven hundredths feet (1487.57'); thence South zero degrees, twenty two minutes, six seconds East (S 022'06E) a distance of three hundred eighty seven and eighty seven hundredths feet (387.87'); thence North forty five degrees, thirty minutes, ten seconds West (N 4530'10W) a distance of eight hundred fifteen and twenty seven hundredths feet (815.27'); thence South forty four degrees, thirty five minutes, twelve seconds West (S 4435'12W) a distance of two thousand three hundred ninety one and forty-three hundredths feet (2391.43') to the northeast corner of McCollum Drive right-of-way; thence South zero degrees, fifteen minutes, three seconds East (S 015'03E) a distance of four thousand seventeen and three hundredths feet (4017.03') to the intersection of the east right-of-way of McCollum Drive and the north right-of-way of State Route 257; thence along the north right-of-way of State Route 257 to the intersection of the projection of the east line of a tract of land as recorded in Plat Book 4, Page 10; thence southeasterly along projection of the east line of said tract of land to the south right-of-way of State Route 257; thence continue southeasterly along the east line of said tract a distance of three hundred seventy three and thirty two hundredths feet (373.32') to the south line of said property; thence northeasterly and parallel to the south right-of-way of State Route 257 a distance of three hundred twelve

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and eighteen hundredths feet (312.18') to a point; thence run South two degrees six minutes east (S 26'E) a distance of seven hundred twenty and four tenths feet (720.4') to a point; thence run South eighty eight degrees, thirty one minutes West (S 8831'W) a distance of one thousand seventy nine and four tenths feet (1079.4') to a point; thence run South four degrees, twenty five minutes West (S 425'W) a distance of six hundred twenty six and two tenths feet (626.2') to a point; thence run South zero degrees, thirty seven minutes East (S 037'E) a distance of one thousand four hundred nine and seven tenths feet (1409.7') to a point; thence run South eighty nine degrees, twenty six minutes West (S 8926'W) a distance of one hundred eighty one and four tenths feet (181.4') to a point; thence run South zero degrees, thirty seven minutes East (S 037'E) a distance of four hundred eighty six and two tenths feet (486.2') to a point on the north land lot line of Land Lot one hundred fifty four (154); thence easterly along the north line of Land Lot one hundred fifty four (154) to the west right-of-way of Pine Bluff Road; thence southerly along the west right-of-way of Pine Bluff Road to the north right-of-way of U.S. 82; thence east along the north right-of-way of U.S. 82 to the east right-of-way of Pinson Road projected north; thence south along the east right-of-way of Pinson Road to a point which is five hundred ninety four and five tenths feet (594.5') north of the south land lot line of Land Lot one hundred twenty six (126), First Land District; thence North eighty eight degrees and zero minutes East (N 8800'E) a distance of eight hundred sixty feet (860') to a point; thence South two degrees and zero minutes East (S 0200'E) to the south line of Land Lot one hundred twenty six (126); thence westerly along the south line of Land Lot one hundred twenty six (126) to the east line of Land Lot one hundred fifty two (152); thence south along the east line of Land Lot one hundred fifty two (152) three hundred sixty seven and seven tenths feet (367.7') more or less, to the northern right-of-way of the Seaboard Coast Line Railroad; thence westerly along the north right-of-way of the Seaboard Coast Line Railroad to the east right-of-way of Mock Road; thence southerly along the east right-of-way of Mock Road to the intersection of the north right-of-way of Cutts Drive projected east; thence westerly along the north right-of-way of Cutts Drive and its projection to the intersection of the west right-of-way of the Georgia Northern Railroad; thence northwesterly along the west right-of-way of the Georgia Northern Railroad to the west right-of-way of U.S. 19; thence south along the west right-of-way of U.S. 19 to the northwest corner of the interchange at Moultrie Road (State Route 133); thence along the right-of-way on the northwest corner of the interchange, generally southerly and westerly to

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the north right-of-way of the Moultrie Road; thence northwesterly along the right-of-way of Moultrie Road to the east right-of-way of the Seaboard Coast Line Railroad; thence southerly along the east right-of-way of the Seaboard Coast Line Railroad to the south line of Land Lot two hundred twenty six (226); thence run west along the south land lot line of Land Lots two hundred twenty six and two hundred forty three (226 243) to a point one thousand two hundred ninety three and five tenths feet (1293.5') east of the east right-of-way of Radium Springs Road (State Route 3); thence run North one degree twenty minutes West (N 120'W) a distance of three hundred eighty nine feet (389') to a point; thence run South eighty eight degrees, forty minutes West (S 8840'W) to the west right-of-way of Radium Springs Road (State Route 3); thence north along the west right-of-way of State Route 3 to the north right-of-way of the Marine Corps Drainage Canal; thence westerly along the north right-of-way of the Marine Corps Drainage Canal to the low water mark on the east bank of the Flint River; thence southerly along the low water mark on the east bank of the Flint River to an intersection of the south line of Lot forty one (41) Block `D' Emily G. Henderson Subdivision as recorded in Plat Book 1, Page 237 extended easterly; thence westerly along the south line of Lot forty one (41) Block `D' Emily G. Henderson Subdivision to the west line of Land Lot three hundred five (305); thence south along the west line of Land Lot three hundred five (305) to a point that is two thousand fifty two feet (2052') south of the north line of Land Lot three hundred nineteen (319); thence westerly along the southern boundary of the property of the City of Albany, Georgia's Water Pollution Control Plant property a distance of one thousand two hundred feet (1200') to the west property line of the Water Pollution Control Plant; thence northerly along the west boundary of the Water Pollution Control Plant property to a point which is three hundred fifty eight feet (358') south of the north line of Land Lot three hundred nineteen (319); thence westerly to a point on the east right-of-way of Martin Luther King Jr. Drive which is three hundred sixty one feet (361') south of the north line of Land Lot three hundred nineteen (319); thence southerly along the east right-of-way of Martin Luther King, Jr. Drive to the intersection of the south right-of-way of Storey Road extended east; thence westerly along the south right-of-way of Storey Road and its projection to the west line of Land Lot Three Hundred Thirty-Eight (338); thence north along the west line of Land Lot Three Hundred Thirty-Eight (338) to the southeast corner of Land Lot Three Hundred Sixty (360); thence westerly along the south line of Land Lot three hundred sixty (360) to the east right-of-way of the Storm Drainage Canal; thence southerly,

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westerly and northwesterly to the west end of the canal right-of-way; thence northeasterly to the south right-of-way of Forsythe Street (as recorded in Plat Book 4, Page 189) projected southeasterly; thence northwesterly along the projection and south right-of-way of Forsythe Street to a point which lies perpendicular to and seven hundred ten feet (710') east of the east right-of-way of Newton Road; thence southwesterly along a line parallel to and seven hundred ten feet (710') east of the east right-of-way of Newton Road to the north line of Laurens Avenue as recorded in Plat Book 1, Page 273; thence southeasterly along the projection of the north right-of-way of Laurens Avenue a distance of one hundred sixty five feet (165') to a point; thence southwesterly along a line parallel and eight hundred seventy five feet (875') east of the east right-of-way of Newton Road to the north right-of-way of Oakhaven Road; thence westerly along the north right-of-way of Oakhaven Road to the intersection of the west line of Land Lot four hundred nineteen (419); thence northerly along the west line of Land Lot four hundred nineteen (419) for a distance of two thousand two hundred twelve and forty four hundredths feet (2212.44') to a point; thence South eighty seven degrees, forty nine minutes, twenty two seconds East (S 87 49'22E) a distance of one thousand seven hundred sixty three and nineteen hundredths feet (1763.19') to a point; thence North forty two degrees, thirty eight minutes, thirty seven seconds East (N 4238'37E) a distance of one thousand nine hundred two and seventy nine hundredths feet (1902.79') to a point; thence North eighty seven degrees, forty seven minutes, three seconds West (N 8747'03W) a distance of one thousand sixteen and forty five hundredths feet (1016.45') to a point; thence North seventeen degrees, thirty seven minutes, thirty three seconds West (N 1737'33W) a distance of two thousand eight hundred sixty nine and eighty six hundredths feet (2869.86') more or less, to a point on the south line of Land Lot four hundred seventeen (417); thence North two degrees, seventeen minutes, nine seconds East (N 0217'09E) a distance of seven hundred ninety eight and nine hundredths feet (798.09') more or less, to the south right-of-way of Old Pretoria Road; thence northeasterly along the south right-of-way of Old Pretoria Road to the intersection of a line projected east which is six hundred seventy four and eight tenths feet (674.8') south of and parallel to the north line of Land Lot four hundred seventeen (417); thence westerly along a line which is six hundred seventy four and eight tenths feet (674.8') south of the north line of Land Lot four hundred seventeen (417) to the District Line between the First and Second Land Districts; thence southerly along the District Line a distance of ninety four and fifty two hundredths feet (94.52') to a

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point; thence westerly and parallel to the south right-of-way of Oakridge a distance of seven hundred twenty four and eighty six hundredths feet (724.86') to a point; thence South a distance of one hundred forty one and eighty six hundredths feet (141.86') to a point; thence westerly and parallel to the south right-of-way of Oakridge a distance of six hundred seventy four feet (674'); thence southerly along the property line to the south line of Land Lot one hundred sixty one (161) in the Second Land District; thence run West along the south line of Land Lot one hundred sixty one, one hundred sixty two, one hundred sixty three, one hundred sixty four, one hundred sixty five, and one hundred sixty six (161, 162, 163, 164, 165 166) to the west land lot line of Land Lot one hundred sixty six; thence run north along the west land lot line of Land Lots one hundred sixty six, one hundred fifty five and one hundred twenty six (166, 155 126) to the east bank of the Cooleewahee Creek; thence run northerly along the east bank of the Cooleewahee Creek to the south line of Land Lot eighty six (86); thence westerly along the south line of Land Lot eighty six (86) to the west line of Land Lot eighty six (86); thence northerly along the west line of Land Lot eighty six (86) to the north right-of-way of Gillionville Road; thence easterly along the north right-of-way of Gillionville Road a distance of three hundred ninety six feet (396') more or less, to the corner of Springfield Subdivision; thence run north a distance of four hundred feet (400') to a point; thence run west four hundred sixty six feet (466') to a point seventy feet (70') west of the land lot line between Land Lots seventy four (74) and seventy five (75) and four hundred feet (400') north of the north right-of-way line of Gillionville Road (State Route 234); thence run North four degrees, thirty four minutes East (N 434'E) a distance of one thousand seven hundred thirty and five tenths feet (1730.5') to a point; thence run east a distance of two thousand eight hundred seventeen feet (2817') to a point on the west bank of the Cooleewahee Creek; thence run southerly along the west bank of the Cooleewahee Creek to the north right-of-way line of Gillionville Road (State Route 234); thence run east along the north right-of-way line of Gillionville Road (State Route 234) to the east line of Lockett Station Road; thence run south along the east line of Lockett Station Road to the north boundary of Winterwood Subdivision Section 1 as recorded in Plat Book 4, Pages 21, 82 and 83; thence easterly along the north boundary of Winterwood Subdivision to a point ten feet (10') east of the east line of Land Lot one hundred eighteen (118); thence southerly along a line parallel to and ten feet (10') east of the east line of Land Lot one hundred eighteen (118) to a point four hundred feet (400') north of the north right-of-way of Phillips Drive; thence

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easterly along a line parallel to and four hundred feet (400') north of the north right-of-way of Phillips Drive to the west right-of-way of Westover Road; thence northerly along the west right-of-way of Westover Road to the south right-of-way of Gillionville Road; thence westerly along the south right-of-way of Gillionville Road to the west right-of-way of Beattie Road projected south; thence northerly along the projection and the west right-of-way of Beattie Road to a point three hundred eight feet (308') south of the intersection of the west right-of-way of Beattie Road and the south right-of-way of Westgate Boulevard extended west; thence run west to the east line of Land Lot forty four (44); thence southerly along the east line of Land Lot forty four (44) to the south line of Land Lot forty four (44); thence west along the south line of Land Lots forty four and forty five (44 45) to the west line of Land Lot forty five (45); thence northerly along the west line of Land Lots forty five, thirty six and five (45, 36 5) to the Dougherty County Line; thence easterly along the Dougherty County Line to the District Line between the First and Second Land Districts in Dougherty County and the Point of Beginning. Section 2. Said Act is further amended by striking from Section 2 of said Act that provision added by that Act approved March 24, 1978 (Ga. Laws 1978, p. 4498), which reads as follows: In addition to the territory embraced within the present corporate limits of the City of Albany as above described, the following described property, including any property in said description which might presently be within the corporate limits of the City of Albany, shall likewise be embraced within the corporate limits of the City of Albany: TRACT 1. Beginning at the intersection of the line of the northside of Whitney Avenue projected east and the east right-of-way line of Old Radium Springs Road; thence run westerly along the line of the north side of Whitney Avenue projected east to the east low water line of Flint River; thence run southerly along the east low water line of Flint River to its intersection with the south line of Land Lot 267; thence run easterly along the south line of Land Lot 267 to the center line of State Highway 3; thence run northerly along the center line of State Highway 3 (New Radium Springs Road) to its intersection with the north line of Dixie Heights Subdivision as recorded in the public land records of Dougherty County on Page 73, Plat Book 1; thence run

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westerly along the north line of said Dixie Heights Subdivision and its extension west to the west right-of-way line of State Highway 3; thence run northerly along the west right-of-way line of State Highway 3 to a point which is nine hundred eighty-four and seven-tenths (984.7) feet north along the west right-of-way line of State Highway 3 from the intersection of said west right-of-way line with the northeasterly right-of-way line of Old Radium Springs Road; thence run south 86 degrees 3 minutes west to the east right-of-way line of Old Radium Springs Road; thence run northerly along the east right-of-way line of Old Radium Springs Road to the point of beginning. TRACT 2. The west one-half of the right-of-way of South Mock Road between the northerly right-of-way line of the Seaboard Coast Line Railroad Company track from Albany to Waycross and the south line of a twenty (20) foot alley south of Tompkins Avenue. TRACT 3. The entire right-of-way of State Highway 3 (New Radium Springs Road) between the north line of Dixie Heights Subdivision as recorded in the public land records of Dougherty County on Page 73, Plat Book 1, extended west and the line of the north side of Whitney Avenue projected east across State Route 3. TRACT 4. The entire right-of-way of South Slappey Boulevard (Georgia Highway 91W) between the south line of Land Lots 361 and 376, First Land District of Dougherty County and a line two hundred ten (210) feet south of the south right-of-way line of Colquitt Avenue. TRACT 5. The north-northwesterly and the northerly one-half of the right-of-way of Gordon Avenue between the east land lot line of Land Lot 414, First Land District of Dougherty County and a line perpendicular to the south-southeasterly right-of-way line at a point on said right-of-way line two thousand fifty-six and thirty-seven hundredths (2,056.37) feet west and west-southwesterly measured along the southerly and south-southeasterly right-of-way line of Gordon Avenue from the intersection of said right-of-way line with the west right-of-way line of English Road.

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TRACT 6. The entire right-of-way of Dawson Road (Georgia Highway 50) between the east land lot line of Land Lot 40, Second Land District of Dougherty County and a line across Dawson Road running north and south from a point on the center line of Dawson Road three thousand four hundred five (3,405) feet northwest of the intersection of said center line and the south land lot line of Land Lot 1, Second Land District of Dougherty County. TRACT 7. The entire right-of-way of Stuart Avenue between the east land lot line of Land Lot 40, Second Land District of Dougherty County, and a line originating from a point on the north land lot line of Land Lot 40 three hundred seventy-three and six-tenths (373.6) feet west of the east land lot line of Land Lot 40 running south 37 degrees 45 minutes west. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. There will be introduced for passage at the current 1981 session of the General Assembly of Georgia a local bill to amend the Charter of the City of Albany so as to extend the corporate limits. James V. Davis City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Hutchinson who, on oath, deposes and says that he/she is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is

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the official organ of Dougherty County, on the following dates: January 23, 30 and February 6, 1981. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. BACON COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 713 (House Bill No. 952). AN ACT To amend an Act creating and establishing the Small Claims Court of Bacon County, approved March 29, 1973 (Ga. Laws 1973, p. 2337), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2850) and by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4222), so as to provide for the creation of said court for the City of Alma as well as for Bacon County; to change the provisions relative to jurisdiction; to change the provisions relative to service of process; to change the provisions relative to costs; to change the provisions relative to the selection of the judge of the small claims court; to provide for a small claims court board to designate the judge of the

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small claims court; to provide for organization and powers and duties of the small claims court board; to provide for keeping certain records; to provide for an audit of the small claims 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 and establishing the Small Claims Court of Bacon County, approved March 29, 1973 (Ga. Laws 1973, p. 2337), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2850) and by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4222), is hereby amended by striking from Section 1 the following: $2,000.00, and inserting in lieu thereof the following: $2,500.00, and by adding at the end of the first sentence of said section, immediately preceding the period, the following: and the City of Alma, so that when so amended Section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Bacon County and the City of Alma. Said Court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking Section 5 in its entirety and substituing in lieu thereof a new Section 5 to read as follows:

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Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole renumeration. All fees must be paid in advance and maintained in a separate account. The account must be rotated between the two commercial banks in Bacon County on January 1 of each year. Section 3. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows: 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 cost of service shall be taxable as costs, but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount.

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(f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice. Section 4. Said Act is further amended by inserting in the first sentence of subsection (a) of Section 8 between the word deposit and the words the sum the words in advance and by striking from Section 8 the figure $12.50, wherever the same appears, and inserting in lieu thereof the figure $20.00, so that when so amended Section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit in advance the sum of $20.00 with the Court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $20.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of Court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said 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. Section 5. Said Act is further amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows: Section 14. 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. The appointment of such bailiffs shall be subject to the approval of the Small Claims Court Board provided for by Section 18 of this Act.

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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 6. 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. (a) There is hereby created the Small Claims Court Board to be composed of five members as follows: two citizens of Bacon County designated by the governing authority of Bacon County; two citizens of the City of Alma designated by the governing authority of the City of Alma; and one citizen of Bacon County designated jointly by the governing authority of Bacon County and the governing authority of the City of Alma. The members of the Board shall serve at the pleasure of the appointing authority. In the event a vacancy occurs for any reason in the membership of the Board, the appointing authority shall fill such vacancy. The Board shall meet on the first working day of January of each year to elect from its own membership a chairman and such other officers as it deems necessary. (b) It shall be the duty of the Board to designate annually the Judge of the Small Claims Court of Bacon County and the City of Alma. The Board shall make such designation during January of each year. The Judge of the Small Claims Court shall serve until a successor designated by the Board as herein provided takes office. The Judge of the Small Claims Court in office on March 1, 1981, shall continue to serve until a successor is designated by the Board during January, 1982. The designation of the Small Claims Court Judge

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shall be made by a majority vote of the full membership of the Board. Any Judge of the Small Claims Court shall be eligible to succeed himself or herself in office. (c) Subject to the approval of the governing authority of Bacon County and the governing authority of the City of Alma, a Small Claims Court Judge may be removed from office by the Board during the term of office of said Small Claims Court Judge. (d) The Board may meet at any time on the call of the chairman and any two members and shall meet on the joint call of the governing authority of Bacon County and the governing authority of the City of Alma. (e) Members of the Board shall serve without compensation. (f) When a change in the Small Claims Court judgeship is made by the Board, the successor judge shall keep a continuity of the existing actions that have been filed at no additional charge to the plaintiffs or defendants. Section 7. Said Act is further amended by striking Section 19 in its entirety and substituting in lieu thereof a new Section 19 to read as follows: Section 19. (a) All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said Court, shall be furnished by the Board of Commissioners of Bacon County and the City Council of the City of Alma on an equal basis. (b) The Small Claims Court Judge shall keep at all times adequate records reflecting all proceedings initiated by the Small Claims Court. These records should include all legal actions required in the function of the Small Claims Court, as well as all payments received and disbursements made by individual names and amounts. (c) An audit of the Small Claims Court shall be conducted in conjunction with the regularly scheduled audit that is done for the County. A copy of the audit on Small Claims Court shall be forwarded to the Chairman of the Small Claims Court Board as well as Chairman of the County Commissioners.

Page 4749

Section 8. Said Act is further amended by striking Sections 23 and 24 in their entirety and substituting in lieu thereof new Sections 23 and 24 to read as follows: Section 23. The judge of said Court shall have the power to impose fines of not more than $25.00 on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of Court. Such fines shall be divided equally between Bacon County and the City of Alma and shall be paid into the treasury of such city and county to be used for county and city purposes. Section 24. The fees of the bailiff or sheriff for the execution of a fi.fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the Judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent of the first $250.00 and five percent on all sums over that amount, with a minimum of $5.00. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1981 session of the Georgia General Assembly, a bill to amend the Bacon County Small Claims Court law. This 8 day of January, 1981. Tommy Smith Representative, District 152 Georgia, Bacon County. Personally appeared before the undersigned officer authorized to administer oaths appeared John Graham, Editor and Publisher of

Page 4750

The Alma Times, official newspaper of Bacon County, who on oath says that legal advertisement for (Notice of Intention to Introduce Legislation) as attached hereto appeared in the issues of said newspaper on January 8, 15, 22, 29, 1981. /s/ John Graham Sworn to and subscribed before me, this 27th day of February, 1981. /s/ Eva Johnson Notary Public. (Seal). Approved April 9, 1981. BIBB COUNTYCIVIL SERVICE SYSTEM AMENDED. No. 715 (House Bill No. 974). AN ACT To change the Civil Service System and Board of Bibb County created by an amendment to the Constitution which was ratified at the general election in 1956 and which is set forth in Ga. Laws 1955, p. 682, so as to change and alter the Civil Service System and Board of Bibb County; to provide certain definitions; to provide for certain positions; to provide for pension plans; to provide for certain procedures; to provide for certain tests; to provide for certain ratings, examinations, and registers; to provide for vacancies and for filling the same; to provide for compliance; to provide for other matters relative to the foregoing; to provide for an authority; to repeal conflicting laws; and for other purposes.

Page 4751

Be it enacted by the General Assembly of Georgia: Section 1. The Civil Service System and Board of Bibb County created by an amendment to the Constitution which was ratified at the general election in 1956 and which is set forth in Ga. Laws 1955, p. 682, is hereby changed by striking from Part 3 thereof the following: (6) `Position' means any office or place of employment as county police in the service of Bibb County, Georgia, and any office or place of employment in the service of the Sheriff of Bibb County., and substituting in lieu thereof the following: (6) `Position' means any office or place of employment as County Police in the service of Bibb County, Georgia, and any office or place of employment of the Sheriff of Bibb County, excluding, however, from both clerical, maintenance, and custodial personnel., and by striking from Part 4 thereof the following: (1) The county commissioners shall assign a secretary to the board from among these county employees who assist the clerk of the county commissioners in the field of personnel administration for county employees or from among any regular county employee capable of performing the duties of secretary as herein set forth., and substituting in lieu thereof the following: (1) The Personnel Director of Bibb County or such other person as shall be appointed by the Board of Commissioners of Bibb County shall serve as Secretary., and by adding to Part 5 thereof the following: (f) Clerical, maintenance, and custodial personnel., and by striking Part 6 thereof, which reads as follows: All members of the classified service may be retired on account of age effective at the end of the calendar year in which they respectively attain the age of 65 years and shall be retired or shall be dismissed from employment at the end of the calendar year in which they respectively attain the age of 70 years.,

Page 4752

and substituting in lieu thereof the following: All members of the classified service shall be eligible for and shall participate in the Bibb County Pension Plan as the same may exist from time to time. Retirement shall be governed by the provisions of that plan., and by striking from Part 9 thereof the following: Whenever an eligible has been certified to, and rejected by, appointing authority three times, the secretary, after investigation, may with the approval of the board, remove the name of such person from the eligible register. All regular appointments to the classified service covered herein shall be for a probationary period of not exceeding six months, but the board and the appointing authority may extend such probationary period to one year., and substituting in lieu thereof the following: Whenever an eligible person has been certified to and rejected by the appointing authority two times, the secretary may, with the approval of the Board, remove the name of such person from the eligible register. All regular appointments to the classified service covered herein shall be for a probationary period not exceeding 18 months., and by striking from Part 11 thereof the following: Such test shall be competitive, practical, free and open to all persons, citizens of Bibb County, who may be lawfully appointed to any position in the class to which they are held with such limitations as to age, health, habits, character, and other qualifications as may be considered desirable and specified in the public announcement of the test. The Board shall establish or create examination committees from qualified persons to assist them in giving tests. Public notices of time, place, and general scope of every test shall be given., and substituting in lieu thereof the following: Such tests shall be competitive, practical, free, and open to all persons who may be lawfully appointed to any position in the class with such limitations as to age, health, habits, character, and other qualifications as may be considered desirable and as are lawful and

Page 4753

specified in the announcement of the test. The Board may establish or create an examination committee or committees from qualified persons or appoint qualified persons to assist them in preparing, giving, and validating tests. Notices of time, place, and general scope of every test shall be given., and by striking Part 12 thereof, which reads as follows: 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 the provisions herein, or wilfully or corruptly make any false representation concerning the persons examined, or wilfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained ratings. The term of eligibility shall be one year, commencing with the date on which the name of eligible is entered on the register. This term may be extended in the discretion of the board for all those on any register when conditions of good administration render it inexpedient to hold a new examination., and substituting in lieu thereof the following: All applicants shall be rated upon such reasonable and relevant areas as the Board may from time to time determine. The names of all applicants who have passed the examination under the policies of the Board as they from time to time exist shall be placed on the proper register. Such names shall remain on the eligibility roster for a period of six months commencing with the date on which the name is entered on the register. This term may be extended an additional six months in the discretion of the Board for good cause shown., and by striking Part 13 thereof, which reads as follows: Promotions of employees to positions having a different and higher classification under the Bibb County Civil Service System shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the board at the request of the appointing authority.,

Page 4754

and substituting in lieu thereof the following: Whenever a vacancy occurs in a position in the classified service, opportunity shall be given to persons holding lower positions in the classified service to apply for the vacancy. Such application shall be made to the Board in the form of a letter accompanied by a personal resume. Thereupon, the Board shall review the application and resume and certify to the appointing authority such of the applicants as the Board finds qualified. In determining eligibility, the Board may require applicants to take appropriate examinations., and by striking Part 22 thereof, which reads as follows: RESIDENCE Positions in the classified service shall be filled by citizens of Bibb County who have been residents of Bibb County for at least two years immediately preceding the date of examination. In the discretion of the board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Bibb County cannot be obtained. Removal of residence outside of Bibb County shall be grounds for removal unless permission to remove residence is granted for just cause by the board and approved by the county commissioners., and substituting in lieu thereof the following: JUDICIAL DECISIONS The Board, its secretary, and other personnel shall comply with the provisions of any final decree made by a court of competent jurisdiction respecting the operation of the Bibb County Police Civil Service System. Section 2. This law is enacted pursuant to Part 27 of an amendment to the Constitution as set forth in Ga. Laws 1955, p. 682, which authorizes the General Assembly to enact laws changing and altering the Civil Service System and Board of Bibb County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4755

Notice of Intention to Apply For Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its 1981 Session for the passage of legislation changing, altering, modifying and modernizing provisions of the Constitution of the State of Georgia relating to the Bibb County Civil Service system. The Bibb County Civil Service system, when created, was proposed by resolution of the General Assembly of Georgia appearing in Georgia Laws 1955, page 682 et. seq. and constituted an amendment to Paragraph 1, Section IV of Article VII of the Constitution of Georgia of 1945 as the same then existed and has been continued as part of the constitution of 1976. Authority was given by the aforesaid constitutional amendment to the General Assembly to change, alter to abolish the Bibb County Civil Service system and application will be made to the General Assembly for the passage of legislation pursuant to that authority. This 12th day of January, 1981. E. S. Sell, Jr. Bibb County Attorney 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: January 16, 23, 30, 1981. /s/ Frank Horne Jr. Representative, 104th District

Page 4756

Sworn to and subscribed before me, this 2nd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. COBB COUNTYCOMPENSATION OF TAX COMMISSIONER AND CHIEF CLERK. No. 716 (House Bill No. 999). AN ACT To amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. Laws 1949, p. 790), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4629), so as to change the provisions relating to the compensation of the tax commissioner and his chief clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. Laws 1949, p. 790), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4629), 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 salary of said tax commissioner shall be $29,350.00 per annum through December 31, 1981, and the salary of

Page 4757

the tax commissioner shall be $32,850.00 per annum effective January 1, 1982, and thereafter, to be paid monthly from the funds in the county treasury. The tax commissioner shall be allowed one chief clerk whose salary shall be $26,550.00 per annum through December 31, 1981, and the salary of the chief clerk shall be $29,750.00 per annum effective January 1, 1982, and thereafter, to be paid monthly from the funds in the county treasury. Any candidate for the office of tax commissioner of Cobb County shall, on the date of his qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed by him. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner, approved February 17, 1949 (Ga. Laws 1949, P. 790), as amended, to repeal conflicting laws; and for other purposes. This 9th day of January, 1981.

Page 4758

Roy E. Barnes Senator Haskew Brantley Senator Joe L. Thompson Senator Fred Aiken Representative A. L. Burruss Representative George Darden Representative Carl Harrison Representative Johnny Isakson Representative Ken Nix Representative Steve Thompson Representative Joe Mack Wilson Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison who, on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ Carl Harrison Representative, 20th District

Page 4759

Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. STATE COURT OF COBB COUNTYCOMPENSATION SOLICITOR AND ASSISTANT SOLICITORS. No. 717 (House Bill No. 1012). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4197), so as to change the compensation of the solicitor and assistant solicitors 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 Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4197), is hereby amended by striking subsection (b) of Section 27 of said Act and substituting in lieu thereof a new subsection (b) of Section 27 of said Act to read as follows: (b) (1) The compensation of the solicitor shall be $30,100.00 per annum, payable in equal monthly installments from the funds of Cobb County. Said compensation shall be increased by 8 percent effective January 1, 1982.

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(2) Said compensation shall be in lieu of any and all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation in any capacity. The solicitor shall diligently and faithfully undertake to collect all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation for his services in any capacity and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. Said solicitor shall not engage in the private practice of law during the term of office for which he is elected. (3) In addition to the salary provided by paragraph (1) of this subsection, the Cobb County governing authority shall from county funds pay to the Trial Judges and Solicitors Retirement Fund on behalf of the solicitor the 7 1/2 percent employee contribution which he is required to make to the fund under the general laws of the state. This paragraph shall not apply to, and the county shall not pay, the additional 2 1/2 percent contribution for spouses' benefits. Section 2. Said Act is further amended by striking from subsection (d) of Section 27 the following: $10,000.00 nor more than $18,000.00, and inserting in lieu thereof the following: $12,500.00 nor more than $24,500.00, so that when so amended said subsection (d) of Section 27 shall read as follows: (d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of the State Court of Cobb County, plus one additional assistant solicitor. The solicitor and his staff shall perform the same functions in relation to matters within the jurisdiction of the magistrates of the State Court of Cobb County as they perform in relation to matters within the jurisdiction of the judges of the State Court of Cobb County, and the solicitor shall have the authority to appoint an additional assistant solicitor to enable the solicitor and his staff to perform such functions. The compensation of such assistant solicitors shall be determined by the solicitor except that said compensation of such assistant

Page 4761

solicitors shall be not less than $12,500.00 nor more than $24,500.00 per annum, payable in equal monthly installments from the funds of Cobb County. The solicitor shall prescribe the duties and assignments of said assistant solicitors, and, while so employed, they shall not engage in the private practice of law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 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 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188) and an Act approved April 11, 1979 (Ga. L. 1979, p. 4197), fixing the compensation of the Solicitor and the Assistant Solicitors of the State Court of Cobb County and for other purposes. This 19th day of January, 1981.

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Cobb Delegation Roy Barnes Senator Haskew Brantley Senator Joe Thompson Senator Joe Mack Wilson Representative Steve Thompson Representative Johnny Isakson Representative A. L. Burruss Representative Fred Aiken Representative Buddy Darden Representative Ken Nix Representative Carl Harrison Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ Steve Thompson Representative, 19th District

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Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. CITY OF ST. MARYSNEW CHARTER. No. 718 (House Bill No. 1024). AN ACT To provide for a new charter for the City of St. Marys, Georgia; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the mayor and council; to provide for administration; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for municipal services and regulatory functions; to provide for the city court; to provide for personnel; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION, POWERS, BOUNDARIES Section 1-101. Incorporation; name. The City of St. Marys, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of St. Marys,

Page 4764

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 hold or invest or 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

Page 4765

order, peace, and dignity on any property or facilities so acquired inside or outside the corporate limits of the city. (b) The city shall have power and authority to grant franchises, easements, and rights of way over, in, under, and on the public streets, lanes, alleys, sidewalks, and parks and other property of said city on such terms and conditions as the mayor and council may fix, except that they shall not grant an exclusive franchise for any purpose, and no franchise shall be granted unless the city receives just and adequate compensation therefor. (c) In addition to the powers now or hereafter granted to municipalities by law, the city shall have all of the following powers: (1) Authority to contract with industrial or development authority. The City of St. Marys, 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 St. Marys. (2) Authority to contract with water and sewer authority. The City of St. Marys, by and through its governing authority, is authorized to contract with any duly created water and sewer authority for the purposes of operating, maintaining, and providing water and sewer services to the City of St. Marys and its citizens. (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. (4) Nuisances on vacant lots; definition. Any property in the City of St. Marys 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

Page 4766

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. (5) Same; abatement. Proceedings for the abatement of the nuisance declared in the above section shall be as follows: The director of public safety shall cause summons to be issued from the City Court of the City of St. Marys, directed to the owner, if known and a resident of the City of St. Marys, or, if the owner is a nonresident but said property is under the management of an agent of the owner, resident of St. Marys, 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 residence 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 St. Marys, five 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 City Court of the City of St. Marys. (6) Same; judgment against offender. If on said hearing before the judge it shall be adjudged that the said nuisance should be abated, the judgment of said judge shall provide that, unless said nuisance be abated within five days by the party proceeded against, the director of public safety or his assistants shall be authorized to enter upon said vacant property and abate said nuisance by cleaning off and removing 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. (7) Same; costs and expenses; collection. In the event the director of public safety or his assistants abate said nuisance, the actual cost and expense to 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 safety 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

Page 4767

publication in a newspaper of general circulation in the City of St. Marys, 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 30 days from the date of said notice, the director of public safety shall certify to the mayor and 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 St. Marys for street improvements. The property owner shall have the same rights and defense to the said execution as now exist in defense of executions issued under assessments for paving of streets. (8) Same; cleanliness and safety of premises; authority to provide. The mayor and council of the City of St. Marys shall have the authority and power, in the interest of health, sanitation, and the public safety and welfare, to provide for the clearing, cleaning off, and making and keeping sanitary and free from fire or other hazards any and all real property, either vacant or improved, within the corporate limits of the City of St. Marys; 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 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 St. Marys be and they hereby are authorized and empowered to adopt such ordinances or resolutions or other acts of a like nature to enforce this provision of the city charter. (9) Authority to assess for cost of improvements. (A) The mayor and council shall be authorized to make special assessments with or without petition, after a public

Page 4768

hearing, against benefited property within the corporate limits of the city for: (i) Constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets; (ii) Constructing, reconstructing, paving, widening, and otherwise building or improving sidewalks in any public street; (iii) Constructing, reconstructing, extending, and otherwise building or improving water systems; (iv) Constructing, reconstructing, extending, and otherwise building or improving sanitary sewer lines; and (v) Constructing, reconstructing, extending, and otherwise building or improving sewage disposal systems. (B) Assessments may be made on the basis of: (i) The frontage abutting on the project at an equal rate per foot of frontage; or (ii) The area of land served, or subject to being served, by the project, at an equal rate per unit of area; or (iii) The value added to the land served by the project or subject to being served by it, being the difference between the appraised value of the land without improvements as shown on the tax records of the county and the appraised value of the land with improvements according to the appraisal standards and rules adopted by the county at its last revaluation, at an equal rate per dollar of value added; or (iv) The number of lots served, or subject to being served, where the project involves extension of an existing system to a residential or commercial subdivision, at an equal rate per lot; or (v) A combination of two or more of these bases.

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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 undertakne 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. (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 whenever extended, or through which water is served and supplied by the City of St. Marys waterworks outside the city limits of St. Marys, 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 St. Marys 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, 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 St. Marys 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 St. Marys in the same manner as for offenses committed within the city limits.

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(11) Rules and regulations. The mayor and council of the City of St. Marys 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 also 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. 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. The corporate boundaries of the city shall be the same as those of the City of St. Marys as provided by law and existing on the effective date of this charter, or as hereafter lawfully changed. The city 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. Section 1-106. 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:

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(1) City. The words the city or this city shall mean the City of St. Marys, Georgia. (2) County. The words the county or this county shall mean the County of Camden, Georgia. (3) Governing body or governing authority. The words governing body or governing authority shall mean the mayor and council of the City of St. Marys, Georgia. (4) Number. Words used in the singular include the plural, and the plural includes the singular number. (5) 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 St. Marys, Georgia. (6) Person. The word person shall extend and be applied to firms, partnerships, associations, organizations, and body politic and corporate, or any combination thereof, as well as to individuals. (7) State. The words the state or this state shall be construed to mean the State of Georgia. (8) Judge. The word judge shall mean judge of the City Court of St. Marys, Georgia. ARTICLE 2 THE MAYOR AND COUNCIL CHAPTER 1 GENERAL PROVISIONS Section 2-101. Creation; number; term of office; compensation. (a) There shall be a mayor and council composed of the mayor and six council members elected as provided in Article 3 of this charter for two-year terms of office, except as provided in Article 3. Each council member shall hold a designated council post, the posts to be numbered one through six. All terms of office shall begin on the first Thursday after January 1 of the year following election to such office.

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(b) The mayor shall be compensated in an amount not less than $200.00 per month plus $100.00 per month car allowance; and council members shall be compensated in an amount not less than $100.00 per month. (c) In addition, the mayor and each member of the council shall be entitled to receive their actual and necessary expenses incurred in the performance of the duties of their office. (d) The mayor and council are hereby authorized to fix the salary, compensation, and expenses of the mayor and each member of the council in accordance with the provisions of an Act known as The Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298), as now or hereafter amended. Section 2-102. Qualifications of office. (a) To be eligible for election as mayor or as council member, 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 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) No person serving as a council member shall be eligible for election as mayor unless such person, prior to qualification, resigns as a member of the council. 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 consent of a majority of the other members of the mayor and council. Violation of this section shall render any such contract or transaction void unless subsequently approved by a majority of the mayor and council at a regular or special meeting.

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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, 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 Camden 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 city court. Appeal to the Superior Court of Camden County from a council contempt conviction shall be allowed as for any conviction in the city court. CHAPTER 3 MAYOR AND MAYOR PRO TEMPORE 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.

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(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; (5) Recommend such measures as the mayor 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; and (8) Perform such other duties as required by the council. Section 2-302. Mayor pro tempore; election; term; duties. At the first regular meeting of each year, the mayor and council shall choose one of the council members to 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 mayor pro tempore 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 and shall be held on the first Thursday after January 1.

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(b) At this meeting, any newly elected or reelected 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 St. Marys and the common interest thereof. (c) At the annual organizational meeting, the mayor and council shall make any appointments and selections as may be required by this charter or by ordinance. Section 2-402. Rules; quorum; voting; journal of minutes. (a) The mayor, or mayor pro tempore, 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) The mayor and four of the members of the council 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. (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. All actions shall require the recording of years and nays of each member in the journal for any votes taken by the mayor and council. Section 2-403. Meetings; regular and special. (a) The mayor and council shall fix the date and time of regular meetings of the mayor and council by ordinance and there shall be at least one regular meeting each month. (b) Special meetings of the mayor and council may be held on call of the mayor or a majority of all council members other than the mayor. Notice of a special meeting shall be served on all other members personally, or by telephone personally, or otherwise notified as fully as is reasonably possible in advance of the meeting. This

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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 mayor and 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 prior to the meetings. Section 2-404. Introduction, consideration, and enactment of legislation. (a) Every official act of the mayor and council which is to become law shall be by ordinance and shall begin with the words: Be it, and it is, hereby ordained by the Mayor and Council of the City of St. Marys. 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. The mayor shall have four days after the same shall have been passed by the council in which to file in writing with the city clerk the veto of such ordinances, motions, orders, or resolutions to which the mayor 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 four of the six 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. Code of technical regulations. (a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and

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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. (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 3 ELECTION AND REMOVAL CHAPTER 1 CONDUCT OF ELECTIONS Section 3-101. Applicability of general laws. All municipal, general, or special elections and primaries shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 3-102. Regular elections; time for holding. (a) On the first Tuesday of December, 1981, and annually thereafter, an election shall be conducted in the City of St. Marys for the purpose of electing candidates to succeed the city officials whose terms shall expire on the first Thursday after January 1 of the following year. In the event no candidate receives a majority of the votes cast at such election, there shall be a run-off election between the two candidates receiving the highest number of votes cast for the office. The run-off election shall be held 14 days after the regular municipal election, under the same laws, rules, and regulations governing regular city elections. The three councilmen who shall represent council posts 1, 2, and 3 shall be elected on the first Tuesday in December, 1981, and shall serve for a term of office of two years each or until their successors are elected and qualified. The mayor and three councilmen who shall represent council posts 4,5, and 6 shall be elected on the first Tuesday of December, 1982, and shall serve for a term of office of two years each and until their successors are elected and qualified. The mayor

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and councilmen shall assume office on the first Thursday after January 1 following their election. Beginning with the election to be held in December, 1982, the terms of said posts shall be for a period of two years. (b) All municipal elections shall be nonpartisan and the names of candidates for each position 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 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 Georgia code relating to general elections; provided, however, that whenever such office becomes vacant within 90 days of the expiration of its term, the remaining council members shall select a qualified person to fill such vacancy. 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 of affirmation. When the mayor is tried the judge of the City Court of St. Marys or any judge of superior court in this state shall preside, and no person shall be convicted without the concurrence of two-thirds of the full council, and judgment shall not extend further than removal from and disqualification to hold any office of honor, trust, or profit in the City of St. Marys; but any party so convicted shall be liable to indictment and trial and upon conviction shall be punished as prescribed by law.

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ARTICLE 4 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 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 which 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.

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(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. (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 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 appoint a city clerk, and such assistant clerk or clerks as they deem appropriate, who shall hold office for an indefinite term or until a 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 attest to the mayor's signature on all official documents, 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. (d) The city clerk shall be included in any system of personnel administration based upon merit principles which may be adopted pursuant to Chapter 3 of this article. Section 4-202. Finance director; appointment; duties; compensation. (a) The mayor and council shall appoint a finance director who shall hold office for an indefinite term, or until a successor is appointed and qualified. (b) The finance director shall collect all fines, taxes, and other money due the city, shall attend to the issuance of all licenses and permits, and shall perform such other duties as may be required by the mayor and council.

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(c) The compensation of the finance director shall be fixed by the mayor and council. (d) The finance director shall be included in any system of personnel administration based upon merit principles which may be adopted pursuant to Chapter 3 to this article. Section 4-203. City attorney; appointment; qualifications; duties; compensation. (a) The mayor and council shall annually appoint a city attorney who shall hold office for one year, or until a 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 4-204. City manager; appointment; qualifications; duties; compensation. (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 basis of executive, administrative, and managerial qualifications with special reference to actual experience in or knowledge of accepted practices in respect to the duties of the office hereinafter set forth. At the time of appointment, the city manager need not be a resident of the city or the state but during the tenure of office shall reside within the geographical limits of the 29th District, G.M., Camden County, Georgia. (c) No council member shall receive this appointment during the term for which the member was elected nor within one year after the expiration of that term. (d) The mayor and council may remove the city manager by such procedure as may be set out in the city manager's contract with the city.

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(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. (f) The city manager shall: (1) Be the chief administrative officer of the city; (2) Be responsible to the mayor and 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 paragraph (3) above to each department head of the city for that department; (5) Prepare and submit an operating and capital improvements budget annually to the mayor and council; (6) Prepare and submit to the mayor and council, at the end of each fiscal year, a report on the administrative and financial activities of the city for the preceding year; (7) Make any other reports on the operation of any aspect of the city operation as the mayor and council may request by motion; and (8) 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 mayor and 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 mayor and council adopted by motion or as authorized by ordinance.

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CHAPTER 3 PERSONNEL Section 4-301. Merit system. (a) The mayor and council may 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 may 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, pay, retirement and benefits, and other measures that promote the hiring and retaining of capable, diligent, honest, career employees. ARTICLE 5 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 access, 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 St. Marys. Said sanitary tax shall be fixed or assessed by the mayor and council by resolution or ordinance and may be collected either monthly, quarterly, semiannually, 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 or the owners thereof, or both. Section 5-103. Occupation and business taxes. The mayor and council shall have the power and authority to levy and collect any

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occupation and business taxes that are not prohibited by the Constitution and general law of Georgia. These taxes may be levied on any person, firm, partnership, company, or corporation which transacts business in the city or 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 the 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 5-110 of this chapter. Section 5-104. Business licenses; permits; fees. The mayor and council by ordinance shall have the authority to have any individual, person, firm, partnership, company, or corporation which transacts business in the city or 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 5-110. 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 5-105. 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 beer, wine, or other alcoholic beverages by wholesale or retail dealers within the city. Section 5-106. 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 5-107. Service charges. The mayor and council by ordinance shall have the authority to assess and collect fees, charges, and tolls for water, sewer, sanitary, and health services, or any other services rendered within and without the corporate limits of the city. If unpaid, these charges or fees shall be collected as provided in Section 5-110. Section 5-108. 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 5-110. Section 5-109. 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 5-110. 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 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.

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CHAPTER 2 BORROWING AND INDEBTEDNESS Section 5-201. General obligation bonds. The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized 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 city clerk and shall have the impression of the corporate seal of the city thereon and shall be payable at a place designated by ordinance. (d) These bonds shall be designated as improvement bonds and shall, on the face thereof, recite the nature and location of the improvement for which they have been issued and shall recite that they are payable solely from assessments which have been levied upon the lots and tracts of land abutting upon or being the situs of the improvement made. (e) These bonds shall be sold at not less than par and the proceeds thereof applied to the payment of the costs and expense of the improvement for which the bonds are issued or the bonds, in the

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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. 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. 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 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 appropriations shall be made unless there is an unappropriated surplus in the

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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, with council approval, shall sign and authorize all contracts, except as provided in subsection (h) of Section 4-204 of this charter. The city clerk shall attest all contracts. The original of all contracts shall be maintained on file in the office of the city clerk. 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 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 6 CITY COURT Section 6-101. City court created. There shall be a court to be known as the City Court of the City of St. Marys.

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Section 6-102. Presiding officer; qualifications; compensation; oath. (a) The city court shall be presided over by a chief judge and such part-time, full-time, or standby associate judge as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the city court unless such person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council for three-year terms, the first of which shall begin on July 1, 1981, and end June 30, 1984. (c) Compensation for the judges shall be fixed by ordinance. (d) Before entering on the duties of his office, each judge shall take an oath given by the mayor that such judge will honestly and faithfully discharge the duties of the office to the best of such judge's ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (e) In the event of the absence or disability of the judge of the city court for any cause or during a vacancy in the office, such standby associate judge as shall be appointed by the mayor and council shall exercise all of the powers and discharge all of the duties of the judge until the return of the judge or the removal of disability or until the vacancy in office has been regularly filled. Section 6-103. Court sessions; jurisdiction; powers. (a) The city court shall be convened at regular intervals as provided by ordinance, but the court shall convene at least once a month. All sessions of the city court shall take place in the council chambers at city hall. (b) Jurisdiction and powers shall be as follows: (1) The city court shall try and punish violations of all city ordinances. (2) The city court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 10 days in jail, or both. (3) The city council may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days, or both, for each violation.

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(4) The city court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (5) The city court shall have 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 the appearance of persons charged with violations. Whenever any person shall have made bail for such person's appearance and that person shall fail to appear at the time fixed for trial, such person's bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and defendant's 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 and declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (6) The city court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (7) The city court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (8) The city court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by an officer as authorized by this charter or by general state law. (9) The city court is specifically vested with all of the jurisdictions and powers throughout the entire area of this city granted by general state laws to mayors and recorder's and police

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courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 6-104. Appeals; procedure; rules and regulations. (a) The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Camden County from the city court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court, provided that any person who fails to file an appeal within ten days of the date of conviction shall be deemed to have waived the right. An appeal to the superior court shall be a de novo proceeding. (b) With the approval of the mayor and council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the city court. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection. All defendants shall have such procedural and substantive rights as are now or hereafter granted by the Georgia and United States Constitutions to defendants in similar courts. ARTICLE 7 GENERAL PROVISIONS Section 7-101. Terms of present officers. All present elected officers of the city shall be entitled to 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 legally 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

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effective date of this charter by or against the city or its departments and agencies shall be abated or otherwise affected by the adoption of this charter. (c) The existing agency and departmental organization of the city shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the mayor and council and administrative regulations consistent therewith. Section 7-104. 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 7-105. 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. Specific Act repealed. An Act creating a new charter and municipal government for the City of St. Marys, approved August 15, 1910 (Ga. Laws 1910, p. 1086), as amended, is hereby repealed in its entirety. Section 7-107. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7-108. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to create a new charter for the City of St. Marys; and for other purposes.

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This 5th day of January, 1981. Richard W. Littlefield, Jr. Senator, 6th District Tommy Smith Representative, 152nd District James C. Moore Representative, 152nd District Georgia, Camden County. Personally appeared before me, the undersigned officer authorized to administer oaths, Carlton Roberts, known to me, who being sworn by me, deposes and says: That he is the Publisher of the Camden County Tribune, a newspaper of general circulation published in St. Marys, Camden County, Georgia; that the Camden County Tribune is the official organ of Camden County pursuant to Ga. Code Sec. 39-1103 and is the newspaper customarily used by the Sheriff of Camden County for the publication of notices required by law; that he is authorized by the Camden County Tribune to make affidavits of publications of behalf of said newspaper; that he has reviewed the editions of the Camden County Tribune published on January 8, 1981; January 15, 1981; and January 22, 1981; and says of his own personal knowledge that the advertisement attached hereto and made a part hereof appeared in each of said editions. /s/ Carlton Roberts

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Sworn to and subscribed before me, this 24 day of February, 1981. /s/ Audrey T. Addy Notary Public, Georgia State at Large. My commission expires Nov. 28, 1983. (Seal). Approved April 9, 1981. COOK COUNTYSMALL CLAIMS COURT CREATED. No. 719 (House Bill No. 1029). AN ACT To create and establish a Small Claims Court of Cook County; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of office of the judge of any such small claims court; to prescribe the jurisdiction, the pleading, practice, and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for paraphernalia for such court; to validate proceedings therein; to provide the effective date hereof; to provide for one or more bailiffs of and for said small claims court; to standardize and fix the monetary limits of such court in conformity with preexisting small claims courts of this state; to provide for the procedure and practice in garnishments, in the issuing of executions from said court, and in the trial of claim cases and illegalities and instituted by third parties; to fix, clarify, and make certain the provisions as to costs in certain cases; to enable the county commissioners to provide adequate and suitable quarters, facilities, and accommodations for transacting the business of said court and to provide such additional personnel as in their judgment such court may require; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability;

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to provide an effective date; to provide for conditions for an effective date; to repeal conflicting laws; and for other purpose. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a small claims court in and for Cook County. Such court shall have civil jurisdiction in all cases ex contractu and ex delicto in which the principal amount of 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 Cook County; and such jurisdiction shall include the power to issue writs of garnishment, attachements, petitions for writ of possession, petitions for dispossessory proceeding and, in addition to the powers herein specifically granted, also the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Section 2. (a) Any person appointed as judge of the small claims court created by this Act must be a resident of Cook County, be at least 25 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 20 years of age and must be residents of the county. (c) The judge now serving as the small claims court was previously constituted shall continue to serve as judge of this court for the remainder of the four-year term for which he was appointed, said term ending January 1, 1983. For the term beginning January 1, 1983, the Governor shall appoint and commission a citizen of the county duly qualified under subsection (a) of this section to serve as judge of said court for a four-year term ending January 1, 1987. All terms thereafter will be for four years and until a successor is appointed and qualified. All appointments for any unexpired term shall be made by the Governor. Section 3. Whenever the judge of the small claims court shall be disqualified in any case, or unable to serve because of sickness or for other causes, he is hereby authorized to appoint a qualified attorney who practices law full time in Cook County, Georgia, or a resident who citizen of the county reasonably knowledgeable in legal proceedings,

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to perform such duties, and to hear and determine all such matters as may be submitted to him or her, and shall be substituted in all respects in the place and stead, in the matter aforesaid, of the judge unable to act. Section 4. Any duties herein prescribed to be performed by the clerk of a small claims court may be performed by the judge thereof, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in clear and concise from and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant; and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice may be made in Cook County by an officer or person authorized by law to serve process in superior courts, by a duly qualified small claims court bailiff, by registered or certified mail with a return receipt, or by any private individual not a party to or otherwise interested in the suit especially appointed by the judge for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification, and notice in an envelope addressed to the defendant at his last known address, prepay the postage from the advance cost collected for service, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim or otherwise file it as a part of the record in the case; and it shall be prima-facie evidence of service upon the defendant.

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(d) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service in the sum of $10.00 shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. When service is performed by the sheriff or his deputies, he shall be entitled to his regular fee, which at the present time is $15.00. (f) The plaintiff shall be entitled to judgement by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, the plaintiff shall be required to present proof of his claim. (g) Said notice shall specify the day and hour of the hearing, which date shall not be less than five nor more than 35 days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in the case. Section 8. The plaintiff, when he files his claim, shall advance and deposit with the court a filing fee in the sum of $15.00 which shall cover all costs of the proceedings, except cost of service of notice as provided hereinabove in subsection (e) of Section 6. The same filing fee and costs shall also apply in cases of attachment, foreclosure on personalty, writ of possession, dispossessory proceedings, possessory warrants, trover, garnishment, and all other actions which require essentially the same procedures for filing, docketing, issuing, serving notice, setting hearings, rendering judgments, and issuing fi. fas. or orders. In all other matters not specifically mentioned or provided for herein, the cost shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace. If a party shall fail to pay the accrued cost, the judge shall have the power to deny said party the right to file any new cases while such cost remains 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

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at his discretion. When a case involves more than one party defendant, an additional filing fee not to exceed $5.00 may be required. Section 9. (a) On the day set for the hearing or at such later time as the judge may set, the trial shall be conducted. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law; and all rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice. (c) In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law and the pleading and practice in such cases shall be substantially the same as required in courts of justices of the peace; and no formal declaration in attachment shall be required. (d) If the plaintiff fails to appear, the case may be dismissed for want of prosecution, 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 dictate. 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 in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court and the issue raised by such claim affidavit shall be heard and determined by the judge of said small claims court; and the judge

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shall be entitled to a fee of $10.00 for every such claim case. The same practice and procedure shall apply in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 12. When a judgment is to be rendered and the party against whom it is to be rendered requests permission to pay in installments, 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 such small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests or consents, he may do so at the expense of the plaintiff for clerical and accounting costs not to exceed 10 percent of the amounts collected. Section 14. The judges of the superior court presiding in Cook County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. All such rules made by the judge of the superior court shall be placed in a special book for that purpose which is to be kept by the judge of the small claims court. Section 15. The judge of such court shall have power to appoint one or more bailiffs of and for said small claims court to act within and throughout the limits of Cook County, such bailiffs to serve at the pleasure of the judge and under his direction; and a person so appointed shall be known and designated as small claims court bailiff and have the powers and authority and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said small claims court with the power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Code

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Section 24-804 and give the bond prescribed in Code Section 24-811 of the Code of Georgia; and such bailiffs shall be subject to be ruled for failure 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 all papers issued by the small claims court, make levies, and conduct sales. Section 16. Said small claims court shall not necessarily have designated terms at stated periods, but being always open for the transaction of business, the judge thereof, or the clerk if he so authorizes, shall in each instance set dates for all hearings and trials in every kind of case and also designate the times when attachments and executions are returnable; provided, however, that all garnishment proceedings shall be conducted in accordance with Georgia Code Title 46, relating to garnishment, as now or hereafter amended. A summons of garnishment shall be served on the garnishee and a copy of same on the defendant in accordance with the above-referenced Code section. Section 17. A summons of garnishment may be served by the sheriff or his deputies or by a lawful constable or by a small claims court bailiff; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or the writ of attachment. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the summons of garnishment or the affidavit or in the place provided for such entry of service. The same requirement for entry of service shall apply in attachment cases. However, such entry of service may be made on a separate paper and attached to such garnishment affidavit or writ of attachment, as the case may be. Section 18. All cases in the small claims court shall be heard and determined by the judge of said court and without the benefit of jury trial. Any party dissatisfied with the judgment rendered by the judge of the small claims court shall have the right and privilege to appeal the case to the superior court to be determined by a jury as provided for in Section 21 of this Act. Section 19. The judge of the small claims court shall have the power to impose fines of not more than $50.00 or imprison for not longer than three days any person guilty of contempt of said court, such fines to be paid into the county treasury or depository for county purposes.

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Section 20. Judgments of the small claims court shall become a lien on the real estate and personal property of a defendant from the time of the filing in the office of the clerk of the superior court for said county of an execution based upon such judgment and at the time the entry thereof is made by the clerk in the general execution docket for said county. Section 21. (a) Appeals may be had from judgments rendered in the small claims court to the superior court by the party desiring to appeal. The dissatisfied party desiring the appeal shall first notify the small claims court in writing of his intention to appeal within ten days after the rendering of the judgment. The appellant shall pay all court costs then due the small claims court, plus $10.00 for entering said appeal, making copies, and transmitting the original suit, motions, and supporting documents to the clerk of the superior court. (b) The formal appeal must be filed with the small claims court within 30 days from the entering of the judgment in said court. The written appeal shall include the name and number of the case in the small claims court and shall state the grounds for appeal. A copy of all such appeals filed in the superior court shall be served upon the opposite party, or his attorney, filing the appeal. The means of serving the opposite party shall be by handing a copy to him personally, or by mailing a copy of the same to him in an envelope properly addressed and carrying sufficient postage for the delivery thereof. At the time of filing said appeal, the appellant or his attorney shall attach a certificate to the appeal showing how the service was made on the opposite party. (c) Either party shall have the right to file and have heard by the superior court judge any motions which are authorized by the Georgia Civil Practice Act after the appeal is docketed in the superior court. Cases thus appealed from the small claims court may be tried by a jury in the superior court, and, if so, the jury shall consist of six persons chosen from 12 veniremen, the plaintiff and the defendant having three strikes each. (d) The appeal shall be accompanied by a deposit in the amount of $75.00 payable to the clerk of the superior court. The case shall then be filed and given a superior court number. The $75.00 deposit shall be used and accounted for as follows: (1) to pay the legal library fee of $2.00; (2) to pay the prevailing filing fee for the superior court clerk. The remainder shall be transmitted to the county treasury by the superior court clerk to help defray the expenses of the court.

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(e) If the case is settled, withdrawn, or dismissed, that portion of the deposit which would otherwise be transmitted to the county treasury shall be refunded. The remaining portion of the deposit may also be recoverable in the final judgment if the judgment is in favor of the appellant. (f) All costs shall be paid by appellant within 30 days from the date of judgment in the small claims court or the appeal shall be dismissed by the judge of the superior court. (g) Either party shall have the right to appeal to higher court in the same manner as other decisions of the superior court are appealed. Section 22. Until otherwise provided by rules of court, the statement of claims, 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 or process now provided by law: Small Claims Court of Cook County

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Page 4804

Section 23. All acts performed by the judge or clerk and all proceedings before the Small Claims Court of Cook County are hereby validated and all judgments and executions therein or therefrom shall run and be enforceable throughout this state. Section 24. No time served as judge of said small claims court shall count toward any retirement as a judge of a superior court. Section 25. (a) All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets, and the like required by this Act in the proper operation of a small claims court shall be furnished by the county commissioners upon requisition of the judge of such court. (b) The Cook County Commissioners shall provide adequate and suitable quarters, facilities, and accommodations for transacting the business of such court; and they may provide such additional personnel as in their judgment the court may from time to time require.

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(c) An additional fee of $2.00 shall be taxed as cost for each case filed in the small claims court, said fee to be transmitted to the county treasury to help defray the expenses incurred by the county in the operation of said court. Section 26. All mesne and final processes and all actions, suits, and cases which are pending in the small claims court in Cook County, as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Cook County which is created by this Act. Section 27. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Cook County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore small claims court in Cook County, as created by an Act approved April 4, 1963 (Ga. Laws 1963, p. 2933), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 28. 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. This Act shall become effective July 1, 1981; provided, however, that, if an Act entitled An Act to repeal an Act entitled `An Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census, and including the Counties of Cook and Cook; providing for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to provide for one or more bailiffs of and for said small claims

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court; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts of this State; to provide for the procedure and practice in garnishments, in the issuing executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to enable the county commissioners to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts and to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes.', approved April 4, 1963 (Ga. Laws 1963, p. 2933), as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2528), and an Act approved March 19, 1974 (Ga. Laws 1974, p. 2220); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes., does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 30. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill amending the 1963 Small Claims Court, Act, or a bill re-creating and establishing the Small Claims Court of Cook County, to provide for other matters relating to the Small Claims Court of said county, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edmond Lewis Perry 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 14, 21, 28, 1981.

Page 4807

/s/ Edmond Lewis Perry Representative, 146th District Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. COBB COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT AND DEPUTY CLERK. No. 720 (House Bill No. 1033). AN ACT To amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4172), so as to change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved

Page 4808

February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4172), is hereby amended by striking from Section 2 the following: The salary of the Clerk of the Superior Court of Cobb County shall be $23,540.00 per annum to be paid in equal monthly installments from the funds of Cobb County; provided, however, that, effective April 1, 1980, the salary of the said clerk of the superior court shall be increased to $25,190.00. Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The salary of said clerk of superior court shall be $29,350.00 per annum through December 31, 1981, and the salary of the clerk of superior court shall be $32,850.00 per annum effective January 1, 1982, and thereafter, to be paid monthly from the funds in the county treasury. (b) The clerk of superior court shall be allowed a deputy clerk whose salary shall be $26,550.00 per annum through December 31, 1981, and the salary of the clerk shall be $29,750.00 per annum effective January 1, 1982, and thereafter, to be paid monthly from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed by him. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County.

Page 4809

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 in the regular 1981 session of the General Assembly of Georgia, a bill amending an act of changing compensation from fee system of the Superior Court Clerk, Sheriff and Judge of Probate Court, approved February 19, 1949 (Ga. L. 1949, p. 427) as heretofore amended and for other purposes. This 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George W. Darden 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

Page 4810

official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ George W. Darden Representative, 19th District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. STATE COURT OF DeKALB COUNTYCOURT COSTS. No. 721 (House Bill No. 1035). 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), an Act approved March 29, 1968 (Ga. Laws 1968, p. 2928), an Act approved March 27, 1972 (Ga. Laws 1972, p. 2862), an Act approved March 7, 1973 (Ga. Laws 1973, p. 2075), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 2906), so as to change the provisions relative to court costs; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4811

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), an Act approved March 29, 1968 (Ga. Laws 1968, p. 2928), an Act approved March 27, 1972 (Ga. Laws 1972, p. 2862), an Act approved March 7, 1973 (Ga. Laws 1973, p. 2075), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 2906), is hereby amended by striking in their entirety Sections 11B and 12A and substituting in lieu thereof, respectively, new Sections 11B and 12A to read as follows: Section 11B. Each party filing a suit or proceedings of any character in the State Court shall deposit with the clerk of said court, except as hereinafter provided, the total costs, including the first judgment and fi. fa., for all suits or proceedings of any character, irrespective of how they shall be terminated, which shall be $15.00 plus $5.00 for each defendant more than one; provided, however, where the principal amount involved is more than $200.00, the cost shall be $30.00 plus $5.00 for each defendant more than one. The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be terminated, shall be $15.00 plus $5.00 for each summons more than one; provided, however, where the principal amount of the garnishment involved is more than $200.00, the cost shall be $30.00 plus $5.00 for each summons more than one. Costs for filing dispossessory and distress warrants shall be $20.00 plus $5.00 for each defendant more than one. Each time a case is checked or continued and is stipulated back to the trial calendar, there shall be a fee of $5.00 as a stipulation fee, and the same shall be charged as part of the costs. Each time the case is stipulated to the calendar, said $5.00 is to accompany the letter of stipulation and in addition thereto there shall be a certificate of service attached to said letter notifying the opposing party or the attorney of record. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows: For issuing scire facias each defendant including service $10.00 For each verdict rendered more than one and docketing same 1.00 For each judgment more than one and docketing same 3.00 For each motion filed and docketing same 5.00 For affidavit to obtain alias fi. fa. 2.00 For taking and approving supersedeas bond 5.00 For answering each writ of certiorari 3.00 For filing and docketing each appeal to the Appellate Division, including filing all briefs 5.00 For entering judgment or remittitur from Court of Appeals or Supreme Court 3.00 For exemplifications of records, per hundred words .20 For affidavit where no cause is pending 1.00 For certificate and seal of court 1.00 For certified copy 5.00 For filing and docketing each traverse to answer of garnishment including service 10.00

Page 4812

Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing. Marshal For search and return of nulla bona, except in foreclosures and attachments $ 5.00 For each arrest in civil cases 10.00 For each commitment in civil cases and entering same 5.00 For each levy or seizure, except in foreclosures, attachments and trovers 10.00 For taking and approving bond in any civil case 5.00 For settling fi. fa. before sale of property 5.00 For advertising personal property for sale 5.00 For settling fi. fa. from another court 5.00 For backing fi. fa. from another court 10.00 For marshal's deed to realty 5.00 For bill of sale to personalty 6.00 For serving subpoena 10.00 For serving summons (second original) from another county 10.00

Page 4813

Provided, however, that the cost for serving any paper or proceeding not provided for in this Act shall be $10.00. From commission on sale of personal property: From $1.00 to $100.00 7% From $100.00 to $2,000.00 3% All over $2,000.00 2% For commission on sale of real estate: From $1.00 to $100.00 7% From $100.00 to $2,000.00 3% All over $2,000.00 2% For removing or storing or removing and storing property and keeping and feeding animals, the cost shall be the actual expense incurred. Section 12A. The total costs charged in criminal cases in the State Court of DeKalb County shall be $25.00. Costs shall be paid in all cases where the defendant is convicted, pleads guilty, nolo contendere, or there is a settlement. All costs in said court shall be paid to the clerk of said court and shall be paid into the county treasury by said clerk as is now provided by law. Nothing herein shall be construed to prohibit the judge of said court from suspending or probating said costs in whole or in part. Section 2 . This Act shall become effective on July 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 1981 session of the General Assembly of Georgia a bill to amend an Act to creating the State Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended; to repeal conflicting laws; and for other purposes.

Page 4814

This 19th day of January, 1981. Judge Jack B. Smith Judge Ralph E. Carlisle Judge Clarence F. Seeliger State of Georgia County of DeKalb. 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 Local Legislation - State Court of DeKalb County, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 22, 29, 5th day of Jan., Feb., 1981. Gerald W. Crane, Co-publisher (by) Linda L. Orr, Agent Sworn to and subscribed before me, this 5th day of Feb., 1981. /s/ Samme Johnson Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (Seal). Approved April 9, 1981.

Page 4815

CITY OF WOODSTOCKCHARTER AMENDED. No. 722 (House Bill No. 1036). AN ACT To amend an Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. Laws 1975, p. 4160), so as to change the qualifications for councilmen; to provide for the election of the mayor and councilmen; to divide the city into five wards; to provide that each ward shall be entitled to one councilman; to provide for the election of councilmen by a majority vote of the electors of the entire 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 re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. Laws 1975, p. 4160), is hereby 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. The members of the council shall serve for terms of three years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor unless he has been a resident of the city for a period of one year immediately prior to the date of the election for mayor. No person shall be eligible to serve as a councilman unless he has been a resident of the ward for which he is offering as a candidate for a period of one year immediately preceding the date of the election for councilmen. The person elected to serve as mayor shall continue to reside in the city and each person elected to serve as councilman shall continue to reside in the ward from which elected during their respective terms of office. The mayor and each councilman shall be registered and qualified to vote in municipal elections of the City of Woodstock and each of them shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Section 2. Said Act is further amended by striking Section 5.10 in its entirety and inserting in lieu thereof a new Section 5.10 to read as follows:

Page 4816

Section 5.10. Election and terms of mayor and council. The governing authority of the City of Woodstock, in Cherokee County, Georgia, shall be vested in a mayor and five councilmen. The mayor and councilmen of said city shall be elected on the first Tuesday in December for terms of three years each, and the persons so elected shall take office on the fourth Thursday in January of the following year. The mayor and all councilmen shall be elected by a city-wide majority vote. The councilmen from wards 1, 3, and 5 shall be elected in 1981 and every three years thereafter. The councilmen from wards 2 and 4 shall be elected in 1982 and every three years thereafter. The hours for holding such election shall be 7:00 A.M. to 7:00 P.M. The mayor and council of the City of Woodstock in office on the effective date of this Act shall continue in office until the expiration of their terms and the election and qualification of their successors, as provided in this Act. Section 3. Said Act is further amended by adding a new Section 5.20 immediately following Section 5.12 to read as follows: Section 5.20. Division of city into five wards. The City of Woodstock shall be divided into five wards as follows: WARD NO. 1 All that tract or parcel of land located within the city limits of Woodstock, Cherokee County, Georgia and being more particularly described as follows: Beginning at a point formed by the intersection of the centerlines of Georgia Highway #5 and the centerline of Rope Mill Road; thence in a Northerly direction along the centerline of Rope Mill Road to a point where said centerline intersects with the intersection of Rusk Street; thence in a Westerly direction along the centerline of Rusk Street to a point where Rusk Street intersects with Robin Hood Drive thence in a Southerly direction along Robin Hood Drive to a point where said centerline intersects with the centerline of Little John Lane; thence in a Westerly direction along the centerline of Little John Lane to a point where said centerline intersects with Sherwood Drive; thence in a Southerly direction along the centerline of Sherwood Drive to a point where Sherwood Drive intersects with West Mill Street; thence in a Westerly direction along the centerline of West Mill Street to the city limits line located on the West side of the City of Woodstock;

Page 4817

thence in a Northerly direction along the West boundary of the City of Woodstock to a point where said city limits turn and travel in the Westerly direction; thence following the city limits of the City of Woodstock in a Westerly direction and in a Northerly direction to the Northwest corner of the city limits of the City of Woodstock; thence in an Easterly, Northerly and Northeasterly direction along the North boundary of the city limits of Woodstock to a point where said city limits boundary intersects with Georgia Highway No. 5; thence in a Southwesterly and Southerly direction along the centerline of Georgia Highway No. 5 to a point where the centerline of Georgia Highway No. 5 intersects with Rope Mill Road the same being the point of beginning. WARD NO. 2 All that tract or parcel of land lying and being in the city limits of Woodstock, Cherokee County, Georgia and being more particularly described as follows: Beginning at a point formed by the intersection of the centerline of Georgia Highway #5 with the centerline of Rusk Street; thence in a Southerly direction along the centerline of Georgia Highway #5 to the business district of the City of Woodstock to a point where the centerline of Georgia Highway #5 intersects with the South city limits boundary of the City of Woodstock; thence in a Westerly direction along the South boundary of the city limits of Woodstock to the Southwest corner of the city limits of the City of Woodstock; thence in a Northerly direction following the West boundary line of the city limits of Woodstock to a point where the said West boundary line of the city limits intersects with West Mill Street; thence in an Easterly direction along the centerline of West Mill Street to a point where said centerline intersects with Sherwood Forrest; thence in a Northerly direction along the centerline of Sherwood Forrest to a point where said centerline intersects with Little John Lane; thence in an Easterly direction along Little John Lane to a point where said centerline intersects with Robin Hood Drive; thence in a Northerly direction along the centerline of Robin Hood Drive to the point where said centerline intersects with Rusk Street; thence Easterly along the centerline of Rusk Street to a point where said centerline intersects with Rope Mill Road; thence Southerly along the centerline of Rope Mill Road to a point where said centerline intersects with Georgia Highway #5 the same being the point of beginning.

Page 4818

WARD NO. 3 All that tract or parcel of land lying and being in the City of Woodstock, Cherokee County, Georgia and being more particularly described as follows: Beginning at a point formed by the intersection of the centerline of Georgia Highway #5 and the centerline of Rope Mill Road; thence in a Southerly direction along the centerline of Georgia Highway #5 and traveling through the business district of the City of Woodstock to a point where the centerline of Georgia Highway #5 intersects with the Southern boundary of the city limits of the City of Woodstock, thence in an Easterly and Northerly direction following the curvatures and angles of the South boundary line of the City limits of the City of Woodstock to a point where said city limits boundary intersects with Franklin Lane; thence in a Northerly direction along the centerline of Franklin Lane to a point where Franklin Lane intersects with the South land lot line of Land Lot #1026; thence in a Westerly direction along the South land lot line of Land Lot #1026 to the Southwest corner of Land Lot #1026; thence North along the West land lot line of Land Lot #1026 to a point where said land lot line intersects with Arnold Mill Road; thence in a Southwesterly direction along the centerline of Arnold Mill Road (Arnold Mill Road being the Northern boundary of the city limits of Woodstock at this point) to a point where the city limits boundary leaves Arnold Mill Road and travels in a Northerly direction; thence following the boundary line of the City of Woodstock at this point and traveling at a Northerly, Easterly Northwesterly and then generally Northerly direction along the boundary line of the City of Woodstock to a point where said boundary line of the City of Woodstock turns and travels in an Westerly direction to a point where said boundary line intersects with Georgia Highway #5; thence Southerly along the centerline of Georgia Highway #5 to a point where the centerline of Georgia Highway #5 intersects with Rope Mill Road the same being the point of beginning. WARD NO. 4 All that tract or parcel of land lying and being in the City of Woodstock, Cherokee County, Georgia and being more particularly described as follows:

Page 4819

Beginning at the original Southeast corner of Land Lot #1028; thence North along the East land lot line of Land Lot #1028 and #989 to a point where the city limits boundary of the City of Woodstock leaves said land lot line and travels in a Southwesterly direction along the boundary of Dupree Park to a point where said boundary line of the City of Woodstock intersects with Neese Road; thence along the centerline of Neese Road in a Westerly direction to a point where said Neese Road intersects with Arnold Mill Road; thence continuing along the centerline of Arnold Mill Road to a point where said city limits boundary leaves Arnold Mill Road and travels in a generally Southeasterly direction or distance approximately 250 feet; thence following the boundary of the City of Woodstock in a Southwesterly direction approximately 250 feet to a point where said boundary line of the City of Woodstock intersects with the West land lot line of Land Lot #1026; thence South along the West land lot line of Land Lot #1026 to the original Southwest corner of Land Lot #1026; thence East along the South land lot line of Land Lot #1026 to a point where said land lot line intersects with Franklin Road; thence South along the centerline of Franklin Road to a point where Franklin Road intersects with the South boundary of the city limits of the City of Woodstock; thence East, South, East and North following the boundary line of the city limits of the City of Woodstock, to a point where said boundary line intersects with the South land lot line of Land Lot #1028; thence East along the South land lot line of Land Lot #1028 to a point located at the Southeast corner of Land Lot #1028 the same being the point of beginning. WARD NO. 5 All that tract or parcel of land lying and being in the City of Woodstock, Cherokee County, Georgia and being more particularly described as follows: Beginning at the original Northwest corner of Land Lot #988; thence South along the West land lot line of Land Lot #988 and the West land lot line of Land Lot #1029 to the original Southwest corner of Land Lot #1029; thence continuing due South along the line parallel with the Rivercrest Drive to a point where the city limits of the City of Woodstock begans to curve in a Southeasterly direction following the curvature of the city limits of Woodstock in a Southeasterly direction and an Easterly direction to a point on

Page 4820

the extreme East boundary of the city limits of Woodstock; thence North along the East boundary line of the city limits of Woodstock and along the line parallel with Sabrina Court to a point where said city limits line intersects with the North land lot line of Land Lot #987; thence West along the North land lot line of Land Lot #987, #988 to the original Northwest corner of Land Lot #988 the same being the point of beginning. Section 4. Said Act is further amended by adding a new Section 5.21 immediately following Section 5.20 to read as follows: Section 5.21. Election of one councilman from each ward by electors of entire city. Each ward shall be entitled to one councilman who shall be a resident of the ward at the time of his election and for 12 months prior thereto, and each councilman shall be elected by a majority vote of the electors of the entire city. 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 1981 session of the General Assembly of Georgia, a bill to amend an Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. Laws 1975, p. 4160), so as to divide the city into five wards for the purpose of electing members of the council; to provide for staggered terms; to provide residency requirements; to provide for the election of the mayor and members of the council by a city-wide vote; to provide for other matters relative thereto; and for other purposes. This 14th day of January, 1981. /s/ Wendell T. Anderson Representative, 8th District

Page 4821

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, Sr. who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following dates: January 21, 28, and February 4, 1981. /s/ Wendell T. Anderson, Sr. Representative, 8th District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. DOWNTOWN STATESBORO DEVELOPMENT AUTHORITY. No. 723 (House Bill No. 1038). AN ACT To create the Downtown Statesboro Development Authority, as authorized by an amendment to the Constitution, which appears at Ga. Laws 1979, p. 1841; to provide for the membership of the

Page 4822

authority; to provide for a downtown development district; to provide the powers and duties of the authority; to provide for revenue bonds and obligations of the authority; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation. Pursuant to an amendment to the Constitution, which amendment appears at Ga. Laws 1979, p. 1841, there is hereby created in and for the City of Statesboro the Downtown Statesboro Development Authority, hereinafter referred to as the authority. Section 2. Members. (a) The authority shall be composed of nine members to be appointed and elected as hereinafter provided. One member of the authority shall be appointed by the mayor and city council of the City of Statesboro. Five members of the authority shall represent the owners of real property and shall be known as Real Property Owner Group. The remaining three members of the authority shall represent the owners of business establishments whose principal place of business is located in the downtown Stateboro district and shall be the person or persons actually licensed and operating a business in the district. These members shall be known as the Business Owner Group. The appointment of the representative for the City of Statesboro to the authority shall be mandatory. All appointments to the authority shall be made within 90 days after this Act becomes law. Each representative group shall caucus in accordance with rules promulgated by the mayor and council of the City of Statesboro with the Real Property Owner Group electing two members for a one-year term and three members for two-year terms. The Business Owner Group shall elect one member for a one-year term and two members for two-year terms. Thereafter, all terms of office of members of the authority shall be two years except the City of Statesboro representative whose term shall be for one year or until replaced by city council action. All action by the authority shall be by a majority vote of the members of the authority. In the election of members of the authority, including the Real Property Owner Group or the Business Owner Group, one vote shall be given to each real property owner or business owner. (b) The caucus shall be held at such time and place as the mayor of the City of Statesboro shall designate. The mayor shall give all members 15 days' written notice or notice in the official public organ

Page 4823

of Bulloch County prior to such caucus. After the initial appointments, terms of office for all members of the authority except the City of Statesboro representative shall begin and terminate on March 1 of the respective years. (c) In the event that 33 1/3 percent of the total number of the members of either group shall petition the authority, the authority shall call a caucus of such group for the purpose of recalling any member named to the authority by that group. At such a caucus, if a majority of such group present votes to recall any such member of the authority, such group shall elect a successor to such recalled member to serve out the remainder of the term formerly occupied by the recalled member. No petition for the recall of any single member of the authority shall be filed within a 12-month period subsequent to the filing of any previous referendum for the recall of such member. (d) Naturally occurring vacancies brought about by resignation or death shall be determined by a majority of the members of the authority which will, upon such a determination of vacancy, appoint a new member from the group in which the vacancy occurred. The newly appointed member shall serve out the term of office formerly occupied by the vacating member. (e) All persons required to give notice of meeting and caucus dates shall exercise reasonable care so that as nearly as practical all persons entitled to notice of such meeting shall be appraised of such times and places. Section 3. District. There is hereby created within the City of Statesboro the Downtown Statesboro Development Authority District which shall be composed of all that territory embraced with the following description: All that tract or parcel of land lying and being in the City of Statesboro, Georgia, and being more particularly described as follows: All that certain tract or parcel of land lying and being in the 1209th G. M. District of Bulloch County, Georgia and in the City of Statesboro and being bound on the North by Highway 80, Northside Drive from its intersection with College Street to its intersection with Southern Railroad; running thence Southerly along said Railroad right-of-way until its intersection with E. Main Street; running thence down E. Main Street to Savannah Avenue and Savannah Avenue with its intersection with South Mulberry Street; running

Page 4824

down South Mulberry Street to its intersection with Cherry Street; running thence along Cherry Street to its intersection with S. Main Street, Highway 301; running thence South down Highway 301 to its intersection with Bulloch Street; continuing along Bulloch Street to its intersection with S. College Street; and running thence North on S. College Street to its intersection with Northside Drive, Highway 301, and the point of beginning. The above area encompassed shall also allow real property owners within 200 feet of the outer boundary with property contiguous to the district to become a part of the territory encompassed by the Downtown Statesboro Development Authority District, provided such businesses or property are not located more than 200 feet from the outer boundary as described above. Section 4. Annexation. (a) The authority may annex to the downton district, with unanimous consent of property owners involved, any property which has a common boundary with the downtown district. Such power to annex additional property may only be exercised by the authority upon the approval of the mayor and council of the City of Statesboro. (b) The authority may, upon petition of 70 percent of the real property owners located within a territory, annex that territory into the downtown Statesboro district. Such power to annex may only be exercised with the approval of the mayor and council of the City of Statesboro. Section 5. Powers. 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 the downtown Statesboro 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 agreeing to make capital improvements or capital acquisitions to real property for any commercial or business enterprise or establishment within the downtown Statesboro district, which in the judgment of the governing body of the authority

Page 4825

will be of benefit to the economic improvement and development of said district or area; (d) To grant, loan, and lease any of its funds and property to private persons and corporations to refinance capital improvements, renovations, or capital acquisitions which have already been made to real property for any commercial or business enterprise or establishment within the downtown Statesboro district, which in the judgment of the governing body of the authority has been of benefit to the economic improvement and development of said district or area; (e) To borrow money and issue notes, obligation, 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 such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto; (f) To appoint and employ officers, agents, and employees and to provide for their compensation in order to effectuate the purposes of this Act; (g) To encourage and promote the economic development and rehabilitation of the downtown Statesboro district and to make longrange plans therefor in cooperation with the planned development of the Downtown Statesboro Development Authority, City of Statesboro, and Bulloch County; (h) To accumulate its funds from whatever sources from year to year and to invest and reinvest such funds; (i) To contract and designate its officers to sign and act for the authority pertaining to the rights, powers, and privileges herein conferred; (j) 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; (k) To adopt such bylaws governing the conduct of the affairs of the authority and to elect such officers as the authority shall deem necessary;

Page 4826

(l) To exercise all of the powers vested in the authority of Article IX, Section VII, Paragraph I of the Constitution, as amended, to include the power to bring suit and all other necessary and ancillary powers necessary to carry out the provisions of said paragraph as it pertains to the Downtown Statesboro Development Authority; and (m) The authority may exercise the power of eminent domain as given to such authority by operation of law and as provided by the Constitution, but only with the express prior consent and approval of the mayor and council of the City of Statesboro. Section 6. Bonds. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Statesboro within the meaning of Article IX, Section VII, Paragraph I of the Constitution nor place 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 7. Bonds. 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 used 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, shall mature at such time or times, not exceeding 30 years from their respective dates, shall bear interest at such rate or rates, may be in such denominations, may carry such registration privileges, may 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 issued by said authority are hereby declared to be tax exempt for any and all purposes. Such bonds issued by said authority may be validated in the Superior Court of Bulloch County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. Laws 1937, p. 764), as amended.

Page 4827

Section 8. Credit not pledged and debt not created by bond. Revenue bonds issued under the provisions hereof for the purpose of improvement of facilities for lease to private owners shall not constitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Statesboro, or Bulloch County, or of any other city, county, or other political subdivision of the state, but such bonds shall be payable from the rentals, revenues, 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 any city, county, or political subdivision thereof 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 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. Section 9. Taxation. The authority shall not be authorized to levy any taxes or impose any form of taxation. Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the Mayor and Council of the City of Statesboro intends to apply for and seek passage of legislation at the regular 1981 Session of the General Assembly of Georgia which would create a public corporation to be known as Downtown Statesboro Development Authority, pursuant to an amendment of the constitution of 1945, Article IX, Section VII, Paragraph 1; as contained in the Acts of 1979, page 1841 and to provide for the powers, duties and responsibilities of said Authority; to provide for the appointment of members of said Authority, and their terms of office; to define and create the Downtown Statesboro Area; to authorize Authority to issue bonds and or revenue certificates; to authorize the Authority to exercise the power of eminent domain; to provide for the levy and collection of taxes in the Downtown Statesboro Area; to exempt

Page 4828

residence, church and school property from said tax levies; and for other purposes. This the 7th day of January, 1981. Mayor and Council of the City of Statesboro By: J. Thurman Lanier Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob 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 9, 16, 23, 1981. /s/ Bob Lane Representative, 81st District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981.

Page 4829

FANNIN COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT, ETC. No. 724 (House Bill No. 1044). AN ACT To amend an Act providing an annual salary for the Judge of the Probate Court of Fannin County, approved March 5, 1974 (Ga. Laws 1974, p. 2131), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4363), so as to change the provisions relating to the compensation of said officer; to change the provisions relating to 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 providing an annual salary for the Judge of the Probate Court of Fannin County, approved March 5, 1974 (Ga. Laws 1974, p. 2131), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4363), 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 Judge of the Probate Court shall receive an annual salary of $15,500.00. Such salary shall be paid in equal monthly installments from the funds of Fannin County. Section 2. Said Act is further amended by striking subsection (b) of Section 4 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) In addition to operating expenses provided for by subsection (a) hereof, the Judge of the Probate Court of Fannin County shall be authorized to appoint a full-time clerk. Subject to approval by the governing authority of Fannin County, the Judge of the Probate Court may fix the compensation of said clerk. Such compensation shall be paid from county funds. All personnel employed by the Judge of the Probate Court shall serve at his pleasure, and it shall be within the sole power of the Judge of the Probate Court to prescribe their duties and assignments.

Page 4830

Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the 1981 regular 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 Fannin County. Approved March 5, 1974 (Ga. Laws 1974, p. 21-31) and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue Ridge Summit-Post which is the official organ of Fannin County, on the following dates: February 6, 13, 20, 1981. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 9th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981.

Page 4831

CAMDEN COUNTYSMALL CLAIMS COURT CREATED. No. 725 (House Bill No. 1046). AN ACT To create and establish a Small Claims Court of Camden County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in Camden County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Camden 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

Page 4832

hereafter established in Camden County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) Any person elected as a judge of the Small Claims Court created by this Act must be a resident of the county in which the court shall be located, at least twenty-two years of age, have completed a high school education, 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 Camden County. Section 3. (a) Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of the county in which such Small Claims Court shall be located or any judge of a State Court located in Camden 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 matters aforesaid, of the judge unable to act. (b) Any vacancy in the office of judge of the Small Claims Court shall be filled by appointment by the Camden County governing authority of a qualified person to serve for the remainder of the unexpired term. 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

Page 4833

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 Camden 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 $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) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount.

Page 4834

(g) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (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.

Page 4835

(c) If the plaintiff fails to appear the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the Superior Court in Camden 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

Page 4836

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 Camden 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 rules of court, the statement of claims verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

Page 4837

Page 4838

Section 18. (a) The judge of the small claims court in Camden County who is serving on the effective date of this Act shall serve until the expiration of his current term and until his successor is elected and qualified under subsection (b). (b) Future judges of the Small Claims Court of Camden County shall be elected at the general election and shall serve for a term of office of four years and until their successors are elected and qualified.

Page 4839

Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Section 20. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be.

Page 4840

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 $15.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Section 24. All mesne and final processes and all actions, suits, or cases which are pending in the small claims court in Camden County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Camden County which is created by this Act. Section 25. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Camden County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Camden County as created by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3770), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. Section 26. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 27. This Act shall become effective July 1, 1981; provided, however, that if an Act entitled An Act to repeal an Act entitled `An Act to create and establish a Small Claims Court in and for certain counties; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the

Page 4841

appointment, duties, powers, compensation; qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for a referendum; to provide for severability; to repeal conflicting laws;and for other purposes.', approved April 3, 1972 (Ga. Laws 1972, p. 3770); to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes., does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 28. Senate Bill 353 of the 1981 Georgia General Assembly, relating to creation of a Small Claims Court of Camden County, is hereby repealed in its entirety. Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to create the Small Claims Court of Camden County; to provide for other matters relative thereto; and for other purposes. This the 15th day of January, 1981.

Page 4842

Bill Littlefield Senator, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith who, on oath, deposes and says that he/she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camden County Tribune which is the official organ of Camden County, on the following dates: January 15, 22, 29, 1981. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 9th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981.

Page 4843

CITY OF SMYRNACORPORATE LIMITS. No. 726 (House Bill No. 1056). AN ACT To amend an act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, so as to increase the corporate limits of the City of Smyrna; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, is hereby amended by adding a new section to said charter of the City of Smyrna to be known and designated as Extension of 1981 (Section 4BB), which shall read as follows: Extension of 1981 (Section 4BB). There shall be included in the corporate limits of the City of Smyrna all of the area embraced within the following described tracts and parcels of land: All that tract or parcel of land lying and being in Land Lots 528 and 553 of the 17th District, 2nd Section, Cobb County, Georgia, and being 12.96 acres, more or less, as shown and described on plat of survey for Legend Enterprises, dated February 24, 1981, and being more particularly described as follows: BEGINNING at the common corner of Land Lots 527, 528, 553 and 554 running thence South 89 degrees 54 minutes 47 seconds East along the North land lot line of Land Lot 553 a distance of 990.4 feet to an iron pin; thence South 0 degrees 2 minutes 20 seconds West a distance of 226.07 feet to an iron pin; thence North 45 degrees 00 minutes 53 seconds West a distance of 124.5 feet to an iron pin; thence South 89 degrees 59 minutes 07 seconds West a distance of 166.57 feet to an iron pin; thence South 44 degrees 59 minutes 07 seconds West a distance of 121.92 feet to an iron pin; thence North 69 degrees 15 minutes 37 seconds West a distance of 84.01 feet to an iron pin; thence South 21 degrees 24 minutes 15 seconds west a distance of 7.53 feet to an iron pin; thence North 77 degrees 01 minutes 19 seconds West a distance of 74.18 feet to an iron pin; thence South 12 degrees 15

Page 4844

minutes 56 seconds West a distance of 57.05 feet to an iron pin; thence South 89 degrees 58 minutes 00 seconds West a distance of 82.32 feet to an iron pin; thence South 00 degrees 00 minutes 53 seconds East a distance of 154.99 feet to an iron pin; thence North 89 degrees 59 minutes 07 seconds East a distance of 70.0 feet to an iron pin; thence South 00 degrees 00 minutes 53 seconds East a distance of 32.90 feet to an iron pin; thence South 58 degrees 24 minutes 28 seconds West following the curvature thereof a distance of 533.03 feet to an iron pin; thence North 89 degrees 59 minutes 07 seconds West a distance of 31.17 feet to an iron pin; thence South 00 degrees 00 minutes 53 seconds East a distance of 43.88 feet to an iron pin; thence North 89 degrees 59 minutes 46 seconds West a distance of 40.00 feet to an iron pin; thence North 80 degrees 39 minutes 24 seconds West a distance of 214.50 feet to an iron pin; thence North 13 degrees 46 minutes 59 seconds West a distance of 80.01 feet to an iron pin; thence North 17 degrees 55 minutes 21 seconds West a distance of 228.26 feet to an iron pin; thence South 72 degrees 07 minutes 05 seconds West a distance of 137.28 feet to an iron pin; thence South 62 degrees 39 minutes 16 seconds West a distance of 91.20 feet to an iron pin; thence North 17 degrees 52 minutes 44 seconds West along the easterly right-of-way of King Springs Road a distance of 80.0 feet to an iron pin; thence North 81 degrees 35 minutes 16 seconds East a distance of 91.20 feet to an iron pin; thence North 72 degrees 05 minutes 05 seconds East a distance of 137.30 feet to an iron pin; thence North 17 degrees 57 minutes 15 seconds West a distance of 173.59 feet to an iron pin; thence North 17 degrees 50 minutes 50 seconds West a distance of 197.63 feet to an iron pin located at the northerly land lot line of Land Lot 528; thence South 89 degrees 39 minutes 08 seconds East along the Northerly land lot line of Land Lot 528 a distance of 190.5 feet to an iron pin; thence South 89 degrees 26 minutes 04 seconds East a distance of 251.02 feet to an iron pin and the point of BEGINNING. Said parcel being a part of Ward 2 as provided by Georgia Law 1965, page 3023 as amended. Section 2. In the event any section, subsection, sentence, clause or phrase of this act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner make the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in 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

Page 4845

hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming a law without his approval. Section 4. All of the acts heretofore passed relating to the incorporation of the City of Smyrna, including all amendatory Acts to its charter and parts of said Acts not in conflict with this Act and all powers belonging to said city, as now incorporated, and all rules, ordinances and regulations of said town not in conflict with this Act shall be and remain in full force and effect. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 955) as heretofore amended; and for other purposes. This 9th day of Jan., 1981. Roy E. Barnes Haskew Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W. Darden Steve Thompson

Page 4846

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison who, on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 30, February 6, 13, 1981. /s/ Carl Harrison Representative, 20th District Sworn to and subscribed before me, this 4th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. COLQUITT COUNTYSMALL CLAIMS COURT CREATED. No. 727 (House Bill No. 1067). AN ACT To create and establish a Small Claims Court of Colquitt County; to provide for the appointment, duties, powers, compensation, qualifications,

Page 4847

substitution and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such court; validating acts and proceedings therein; to provide for one or more bailiffs of and for said small claims court; to standardize and fix the monetary limits of jurisdiction of such court in conformity with preexisting small claims courts of this State; to provide for the procedure and practice in garnishments, in the issuing of executions from said court, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to enable the county commissioners to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said court and to provide such additional personnel as in their judgment such court may require; to prescribe qualifications for the judge of said court; to define powers, duties and compensation of the clerk and bailiffs of said court; to enunciate duties and responsibilities of county sheriffs in relation to said court; to elucidate conditions and circumstances under which records of the court may be open to inspection by parties at interest and under which information regarding litigation may be given to or withheld from nonlitigants; to provide for a maximum payment for expenses; to provide for the manner and conditions under which appeals from judgments in such small claims court may be taken and prosecuted; to provide for the continuation of certain processes, actions, suits, and cases; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for severability; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court of Colquitt County. Such 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 Colquitt County; 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

Page 4848

granted to justices of the peace by the Constitution and laws of the State of Georgia. Section 2. (a) The judge of the small claims court in Colquitt County who is serving on the effective date of this Act shall serve until the expiration of his current term and until his successor is elected and qualified under subsection (b). (b) The judge of the Small Claims Court of Colquitt County shall be elected at the general election and shall serve for a period of four years and until his successor is elected and qualified. Any vacancy in said office shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, for the unexpired term. (c) The judge of the small claims court shall possess the same qualifications prescribed by law for the judges of the superior courts of this state. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty appertaining to his office, the judge of the superior court of the county or any judge of a city court located in said county, on application of an interested party or of the 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 so unable to act. Section 4. (a) Any duties herein prescribed to be performed by the clerk of a small claims court may be performed by the judge thereof, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. (b) Any such clerk of such small claims court shall have authority to administer oaths and take acknowledgements as effectually as any notary public may do, and perform all ministerial duties as are required by the judge of such court; and, with approval of the judge, may prepare claims and form pleadings for litigants requesting such assistance, and may accept compensation therefor. (c) In the discretion of the judge and with his approval, the clerk of such small claims court shall be authorized to sign and issue

Page 4849

process (and or notice) in all suits filed in said court and, also, to issue summonses of garnishment in appropriate cases; but such clerks may not issue criminal warrants. 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 clear and concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by an officer or person authorized by law to serve process in superior courts; or by a duly qualified small claims court bailiff; or by registered or certified mail with a return receipt; or by any private individual not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as above provided, he small make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs.

Page 4850

(f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall specify the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. (h) When service of process (or notice) in claim cases, or summons of garnishment in a garnishment action, is attempted by registered or certified mail as herein provided and a defendant or a garnishee refuses to accept delivery of same by or from a U.S. postal employee or U.S. mail carrier, and the envelope with process or summons is returned to the Court undelivered with notation by such postal employee or mail carrier that acceptance or delivery of same has been refused by the addressee, then the judge or the clerk of the court shall file and preserve such returned envelope, with process or summons contained therein, and it shall be prima facie evidence of service upon the defendant or upon the garnishee, as the case may be. Section 7. (a) A court docket shall be maintained in which shall be succinctly indicated every proceeding and ruling in each case; and a notation or memorandum of the fact, date and amount of a judgment may be indicated on the docket without formal entry thereof on original pleadings but, in case of an appeal, the judgment shall be otherwise written out, dated and signed by the judge. (b) The court docket and pleadings shall be open to inspection by litigants in the case or their attorneys at all reasonable times so as not to interfere with the orderly business of the court but, pending final judgment and closing of a case, the judge may in his discretion withhold from nonlitigants any and all information regarding matters in process of litigation or settlement. 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

Page 4851

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 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration in attachment shall be required. (d) If the plaintiff fails to appear, the case may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both

Page 4852

parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may dictate. Section 10. (a) 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 in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. (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 seven dollars and fifty cents ($7.50) for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast in said proceeding. Section 11. (a) When a judgment is to be rendered and the party against whom it is to be rendered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. (b) The judge of such small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.

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Section 12. The judge of the superior court of Colquitt County may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to ensure the proper administration of justice and to accomplish the purposes hereof. (b) The judge of such court shall have power to appoint one or more bailiffs of and for said small claims court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said small claims court, with power, also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in Section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. (c) Such small claims court having no designated terms at stated periods, but being always open for the transaction of business, the judge thereof shall, in each instance, set dates for hearings and trials in every kind of case and, also, designate the times when attachments and executions are returnable and, also, designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days nor on a date later than ninety days after he is served with summons of garnishment, it being here intended that the maximum time limit for answering garnishments in the superior courts shall not apply to such small claims court. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. In cases of garnishment of the wages of a defendant

Page 4854

employee, and it appears to the judge that an undue hardship on the defendant would result from deducting from his wages the full amount authorized by law, the judge may, in his discretion, enter into an agreement with the garnishee employer for deducting from such wages a lesser amount than the law authorizes; and the judge may, in his discretion, enter into agreements with employers for extending the effectiveness of a garnishment beyond the time stated in the summons of garnishment and fixing the amounts, times and method of making remittances, provided such agreements do not infringe upon the legal rights of other creditors. (d) A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a small claims court bailiff; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. (e) The compensation of such small claims court bailiffs shall be such as may be allowed by the judge of said court but shall not exceed the compensation fixed by law for similar services performed by the sheriffs of this State and their deputies. Section 13. (a) Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses, and to compel their attendance. (b) Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. (c) The judge of a small claims court shall have power to impose fines of not more than ten dollars or imprison for not longer than

Page 4855

twenty-four hours any person guilty of a contempt of court, such fines to be paid into the county treasury or depository for county purposes. Section 14. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, from the time of the filing in the office of the clerk of the superior court of said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 15. Appeals may be had from judgments rendered in the small claims court to the superior court of the county at any time within four days (Sundays excluded) after the rendering of the judgment complained of, and upon the payment within that time of all accrued court costs, and upon the filing of an approved bond, with good and sufficient security, to pay all future costs of court, as well as to pay the eventual condemnation money, except that, in applicable cases when so determined by the judge, appeals may be taken in forma pauperis; but an appeal in forma pauperis shall not operate to stay the issuance and/or enforcement of an execution. Section 16. Until otherwise provided by rules of court, the statement of claims, verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons and/or process now provided by law: Small Claims Court

Page 4856

Page 4857

Section 17. (a) All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Colquitt County are hereby validated, and all judgments and executions therein or therefrom shall run and be enforcible throughout this State. (b) It shall be the duty and responsibility of the sheriff and his deputies to execute all lawful process, warrants, attachments, judgments and fi. fas. issued by or from such small claims court and placed in their hands, and to make due return thereof as required by law. Section 18. (a) The said county commissioners shall provide adequate and suitable quarters, facilities and accommodations for transacting the business of such court, and they may provide such additional personnel as in their judgment the court may from time to time require.

Page 4858

(b) All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets and the like, required by this Act in the proper operation of a small claims court shall be furnished by the county commissioners upon requisition of the judge of such court. Provided, however, the operating expenses of said court shall not exceed $600.00 in any one calendar year. Section 19. All mesne and final process and all actions, suits, or cases which are pending in the small claims court in Colquitt County as it exists on the effective date of this Act shall be continued and shall be the same in the Small Claims Court of Colquitt County which is created by this Act. Section 20. It is the intent of the General Assembly of Georgia to create a Small Claims Court of Colquitt County. It is the further intent of the General Assembly that the court created by this Act shall be a continuation of the heretofore existing small claims court in Colquitt County as created by an Act approved April 5, 1961 (Ga. Laws 1961, p. 2852), as amended, which court shall stand abolished by action of the General Assembly effective July 1, 1981. 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 July 1, 1981; provided, however, that if an Act entitled An Act to repeal an Act entitled `An Act creating a Small Claims Court in each county in this State having a population of not less than 33,300 and not more than 34,056 according to the U.S. Decennial Census of 1960 or any future such census, and including the County of Colquitt; providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating

Page 4859

acts and proceedings therein; providing the effective date hereof; to repeal conflicting laws; and for other germane purposes.', approved April 5, 1961 (Ga. Laws 1961, p. 2852), as amended by an Act approved March 6, 1962 (Ga. Laws 1962, p. 3195), an Act approved March 15, 1963 (Ga. Laws 1963, p. 2227), an Act approved March 31, 1965 (Ga. Laws 1965, p. 3076), an Act approved April 21, 1967 (Ga. Laws 1967, p. 3309), and an Act approved March 26, 1980 (Ga. Laws 1980, p. 4285); to provide an effective date; to provide conditions for the effective date; to repeal conflicting laws; and for other purposes. does not pass the 1981 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Colquitt County; to provide for other matters relative thereto; and for other purposes. This the 14th day of February, 1981. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh D. Matthews who, on oath, deposes and says that he/she is Representative from the 145th 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 18, 25, and March 4, 1981.

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/s/ Hugh D. Matthews Representative, 145th District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. TALBOT COUNTYSMALL CLAIMS COURT CREATED. No. 728 (House Bill No. 1068). AN ACT To create and establish a Small Claims Court in and for Talbot County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, election, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more constables of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide the costs of court; to provide for contempt of said court and the penalty

Page 4861

therefor; to provide for validating the acts of said court and the proceedings therein; to provide for fees and costs; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Talbot County. Said court shall have civil jurisdiction in cases ex contractu and ex delicto in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) Any person appointed or elected as a judge of the Small Claims Court created by this Act must be a resident of Talbot County, be at least twenty-five years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Probate Court of Talbot County or any justice of the peace located in said county, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized.

Page 4862

Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, as is provided by law in the superior courts, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified constable of the Small Claims Court, or by any person not a party to or otherwise interested in the suit who is specially appointed by the judge of said court for that purpose. (c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.50. The cost of service shall be advanced by the party demanding same, shall be included in the filing fee hereinafter provided, and shall be taxed as other costs. (e) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than forty-five days from the date of the service of said notice. All hearings shall be set for such regular location as the judge shall set by rule and at such regular day and time each month as the judge shall set by rule.

Page 4863

Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $20.00 with the court along with the sum of $7.50 for each additional defendant named in the claim, which shall cover all costs of the proceeding, including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $20.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be taxed against the losing party. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $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. 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

Page 4864

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, accounting, and time costs incurred thereby. Section 13 . The judge of the Superior Court of Talbot County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Section 14 . The judge of said Small Claims Court shall have the power to appoint one or more constables of and for said Small Claims Court to act within and throughout the limits of the county. Such constables shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as Small Claims Court Constable and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said constables shall also have the power to make levies, conduct judicial

Page 4865

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

Page 4866

Page 4867

Section 18 . (a) On or before the effective date of this Act the Governor shall appoint a duly qualified person to serve as the judge of said court for a term of office until his successor is duly elected and qualified. (b) At the 1982 general election, and at each election quadrennially thereafter, a judge of said court shall be elected in the manner prescribed by law for county officers; and the term of office of said judge shall begin on the first day of January following his election and expire on the first day of January four years thereafter. (c) All vacancies in the office of judge shall be filled by appointment of a successor by the Governor, and such successor shall serve for the remainder of the unexpired term. Section 19 . All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners.

Page 4868

They shall also provide a suitable room in the courthouse for the holding of said court. Section 20. Said Small Claims Court shall have a regular monthly time and date, designated by the judge by rule, for which hearings shall be set. The judge shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court constable, or by the judge of the Small Claims Court. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. Section 22. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Section 23. The fees of the constable or sheriff for the execution of a fi. fa. shall be $15.00, plus a reasonable amount for all necessary costs incurred in the levy and sale of the property, which shall 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 amount of $15.00. Section 24. The fees to be provided the judge of the Small Claims Court, unless specifically provided otherwise in this Act, shall be the same as now or hereafter provided for justices of the peace by the general law of this State.

Page 4869

Section 25. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 26. 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 1981 session of the General Assembly of Georgia, a bill to create a Small Claims Court of Talbot County; and for other purposes. This 17th day of February, 1981. Claude A. Bray, Jr. Representative, 70th District Talbot County Commissioners 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

Page 4870

official organ of Talbot County, on the following dates: February 19, 26, and March 5, 1981. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 10th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. BRANTLEY COUNTYCOMPENSATION OF BOARD OF EDUCATION. No. 729 (House Bill No. 1076). AN ACT To amend an Act providing for the election of members of the Board of Education of Brantley County and the Brantley County superintendent of schools, approved April 17, 1975 (Ga. Laws 1975, p. 3937), so as to increase the compensation of the members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4871

Section 1. An Act providing for the election of members of the Board of Education of Brantley County and the Brantley County superintendent of schools, approved April 17, 1975 (Ga. Laws 1975, p. 3937), is hereby amended by striking from subsection (b) of Section 4 the following figure: $50.00, and inserting in lieu thereof the following figure: $100.00, so that when so amended, subsection (b) of Section 4 shall read as follows: (b) The chairman and the other members of the board shall be compensated in the amount of $100.00 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. Notice of Intent to Introduce Local Legislation. Notice is hereby given of intention to introduce in the 1981 session legislation to increase salaries of school board members of Brantley County and for other purposes. 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: February 12, 19, 26, 1981.

Page 4872

/s/ James C. Moore Representative, 152nd District Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITYBONDS. No. 730 (House Bill No. 1078). AN ACT To amend an Act creating the Macon-Bibb County Urban Development Authority, approved March 22, 1974 (Ga. Laws 1974, p. 3093), as amended, so as to provide that revenue bonds issued by the Authority shall bear interest at the rate or rates and shall mature in the years and amounts as may be determined by the 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 Macon-Bibb County Urban Development Authority, approved March 22, 1974 (Ga. Laws 1974, p. 3093), as amended, is hereby amended by striking subsection (1) of Section 5 of said Act in its entirety and substituting in lieu thereof the following:

Page 4873

(1) To issue revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue bonds shall bear interest at the rate or rates and shall mature in the years and amounts as may be determined by the Authority and shall otherwise be issued and validated under and in accordance with the applicable provisions of the `Revenue Bond Law' of the State of Georgia as heretofore or hereafter amended. As security for the payment of any revenue bonds so authorized, any property, real or personal, of an Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and any such Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default of such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia, in behalf of the State and each county, municipal corporation, political subdivision and taxing district therein, hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof;. 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. Pursuant to provisions of Article III, Section VII, Paragraph IX of the Constitution of the State of Georgia of 1976 (Ga. Code Ann. Section 2-1309), notice is hereby given that application will be made to the 1981 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 at the 1974 Session thereof (Ga. L. 74, page 3093, et. seq.) and amendments to the Constitution of the State of

Page 4874

Georgia (Ga. L. 1974, page 1754, et. seq., Ga. L. 1976, page 1827, et seq., and Ga. L. 1980, page 2128, et seq.), all pertaining to the creation, powers and duties of the Macon-Bibb County Urban Development Authority. The purpose of said amendatory Act shall be to amend Subsection (1) of Section 5 of the aforesaid Act of the General Assembly to read substantially as follows: (1) To issue revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue bonds shall bear interest at the rate or rates and shall mature in the years and amounts as may be determined by the Authority and shall otherwise be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law of the State of Georgia (Chapter 87-8, Annotated Code of Georgia) as heretofore or hereafter amended. As security for the payment of any revenue bonds so authorized, any property, real or personal, of an Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and any such Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure of forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in any such agreement or indenture. The State of Georgia, in behalf of the State and each county, and municipal corporation, political subdivision and taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; This 18th day of February, 1981. Carl E. Lancaster, Jr. Attorney for Macon-Bibb County Urban Development Authority Sell and Melton, Attys.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank C. 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 News which is the official organ of Bibb County, on the following dates: February 20, 27 and March 6, 1981. /s/ Frank C. Pinkston Representative, 100th District Sworn to and subscribed before me, this 11th day of March, 81. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 9, 1981. GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITY ACT AMENDED. No. 731 (House Bill No. 1085). AN ACT To further define, prescribe and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to

Page 4876

regulate the management and conduct thereof, said Authority having been created pursuant to an Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962, p. 945), which Amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and having been previously amended by Act No. 1134, Ga. Laws 1978, p. 4151; to provide that among the projects which the Authority may undertake in pursuance of its purpose shall be certain sewage disposal facilities or solid waste disposal facilities, certain peak shave facilities, certain air transportation facilities, certain community antenna television systems facilities, certain sports facilities, certain convention or trade show facilities, and related improvements, certain industrial parks, certain office building facilities to further the development of trade, commerce, industry or employment opportunities, certain skilled nursing homes or intermediate care home facilities, and certain costs incidental to all or any of the foregoing; to provide that projects in progress on the effective date of this Act may be completed hereunder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to authority granted in Paragraph N of that Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962 p. 945) (the amendment) which was ratified at the general election held on November 6, 1962 and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII Section I Paragraph II thereof, as the same was amended by Act No. 1134 Ga. Laws 1978, page 4151, the powers of the Griffin-Spalding County Development Authority are further defined, prescribed, and enlarged by striking Subparagraph 5 of Paragraph D which reads as follows: D... (5) To encourage and promote the expansion and development of industrial and commercial facilities in Spalding County and the City of Griffin so as to relieve insofar as possible unemployment within the county, and to that end to acquire by purchase or gift any building or structure within the limits of Spalding County, to be used in the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which

Page 4877

determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad, causeways, terminals for railroad, automotive and air transportation, and transportation facilities incidental to the project, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. Also included in the projects which the Authority may undertake in pursuance of its purpose shall be the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industrial or commercial facilities which the same is to serve and is necessary for the public welfare. For purposes hereof, the term `air pollution control facility' shall mean any property used primarily to abate or control atmospheric pollution or contamination by removing, containing, altering, disposing or storing of atmospheric pollutants or contaminants if such facility is in furtherance of federal, State or local standards for control of atmospheric pollution or contaminants. For the purpose hereof, the term `water pollution control facility' shall mean any property used primarily to control water pollution by removing, storing, altering or disposing of pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons and their appurtenances, if such facility is in the furtherance of federal, State or local standards for the control of water pollution. in its entirety and by substituting therefor a new Subparagraph 5 of Paragraph D to read as follows: D... (5) (a) Among the projects which the Authority may undertake shall be to encourage and promote the expansion and development of industrial and commercial facilities in Spalding County and the City of Griffin so as to relieve insofar as possible unemployment within the county, and to that end to acquire by purchase or gift any building or structure within the limits of

Page 4878

Spalding County, to be used in the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad, causeways, terminals for railroad, automotive and air transportation, and transportation facilities incidental to the project, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. Also included in the projects which the Authority may undertake in pursuance of its purpose shall be the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industrial or commercial facilities which the same is to serve and is necessary for the public welfare. For purposes hereof, the term `air pollution control facility' shall mean any property used primarily to abate or control atmospheric pollution or contamination by removing, containing, altering, disposing or storing of atmospheric pollutants or contaminants if such facility is in furtherance of federal, State or local standards for control of atmospheric pollution or contaminants. For the purpose hereof, the term `water pollution control facility' shall mean any property used primarily to control water pollution by removing, storing, altering or disposing of pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons and their appurtenances, if such facility is in the furtherance of federal, State or local standards for the control of water pollution. (b) Among the projects which the Authority may undertake shall be the power to acquire, construct, improve or modify any property, real or personal, used as, or in connection with, a sewage

Page 4879

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 is to serve and is 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, and recognizable industrial by-products, but excluding sewage and human wastes; and the word `refuse' shall include all nonputrescible wastes. (c) Among the projects which the Authority may undertake shall be the power to acquire, construct, improve or modify any property, real or person 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. (d) Among the projects which the Authority may undertake shall be the power to acquire, construct, lease, improve or modify any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air. Such project shall not include the creation of airports or airport terminal facilities or improvements thereon except as incidentally related to the furnishing of transportation of persons or property by air, as herein provided. Otherwise such projects may include, but shall not be limited to, aircraft, aircraft maintenance and reconditioning equipment,

Page 4880

aircraft communications equipment and facilities for the maintenance and repair of such equipment, ground support equipment and facilities used by aircraft, any necessary or useful real or personal property or rights to such property, all licenses, storage facilities including storage and distribution facilities for fuel, and including the acquisition, modernizing or expansion of existing facilities or systems for the transportation of persons or property by air all as determined by the Authority, which determination shall be final and not subject to review. Such projects for the transportation of persons or property by air are authorized to assist State and local governments to secure adequate systems of transportation of passengers for hire as authorized by law and for the development of trade, commerce, industry and employment opportunities as provided in Article IX, Section VIII, Paragraph II of the Constitution of Georgia of 1976. Such projects for the transportation of persons or property by air may be undertaken to the same extent and on the same conditions as otherwise provided in this Act for other facilities except that such projects may be authorized only for air transportation systems which are not eligible to receive subsidies from the Federal Government at the time the project is undertaken and only where the corporate headquarters, the general maintenance, repair, support and communication facilities, the general reservations, scheduling and dispatch facilities, and the personal residence of the majority of the employees are all located within the geographic jurisdiction of the Authority, and only if the aircraft are routinely dispatched from and returned to the geographic jurisdiction of the Authority; provided that the operation of flight equipment and incidental ground support facilities and equipment and the location of employees of such a project outside of the geographic jurisdiction of the Authority shall not be prohibited provided the conditions specified hereinabove are met. Provided that neither the City of Griffin, the County of Spalding nor this Authority may ever operate any such facility and the same must be acquired and operated by a private company or individual who shall guarantee the repayment for all operating expenses and losses and who shall be taxable as any other private undertaking would be. (e) Among the projects which the Authority may undertake shall be the power to acquire, construct, design, engineer, improve, lease, maintain, modify, rebuild and repair any facilities and any property utilized in connection with a community antenna television system, or any combination of the foregoing, including all necessary or useful land or rights in land and all necessary or useful furnishings, machinery, vehicles, equipment and parking facilities, all as determined by

Page 4881

the Authority, which determination shall be final and not subject to review. Such projects are authorized to promote the expansion and development of the cable communications industry and to enhance employment opportunities throughout Spalding County and to encourage local origination programming by community antenna television systems on one or more channels to include, but not be limited to, public access, government and education programs. (f) Among the projects which the Authority may undertake shall be the power to acquire, construct, improve or modify any property, real or personal, which shall be suitable for, used as, or in connection with: (A) sports facilities, including private training and related office and other facilities when authorized by the governing authority of the political subdivision or municipality in which the facility is to be constructed and maintained; (B) convention or trade show facilities; (C) airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (D) facilities for the local furnishing of electric energy or gas; (E) facilities for the furnishing of water, if available on reasonable demand to members of the general public; and (F) facilities for lodging and for providing meals, provided that such facilities are acquired, constructed, improved or modified in connection with and adjacent to sports facilities acquired, constructed, improved or modified pursuant to Subparagraph (A) above or convention or trade show facilities acquired, constructed, improved or modified pursuant to Subparagraph (B) above. (g) Among the projects which the Authority may undertake shall be the power to acquire or develop 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 of the site as an industrial park but, except

Page 4882

with respect to such facilities, does not include the provision of structures or buildings, 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 hereunder. (h) Among the projects which the Authority may undertake shall be the power to acquire, construct, lease, or finance (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 Spalding County and which will be adjacent to or used in conjunction with any other existing or proposed project now or hereafter defined in this subsection (e) (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 Spalding County. 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. (i) Among the projects which the Authority may undertake shall be the power to use any one or more buildings or structures for the purpose of skilled nursing home or intermediate care home facilities subject to regulation and licensure by the Department of Human Resources and all necessary, convenient or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping and physical amenities. (j) Among the projects which the Authority may undertake shall be the `cost of project' which shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purposes 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

Page 4883

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 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 operation 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 this Act. Section 2. Any project commenced prior to the effective date of this Act may be completed by the Authority hereunder, and Authority members appointed pursuant to this Act shall have full power and authority to take all actions necessary or appropriate to complete all previously commenced projects according to their terms according to the constitutional Amendment creating the Griffin-Spalding County Development Authority as originally ratified or as now amended; nevertheless, all projects commenced after the effective date of this Act shall be in accordance with the constitutional Amendment creating the Griffin-Spalding County Development Authority. 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 4884

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, an Act further to define, prescribe and enlarge the powers and duties of the Griffin-Spalding County Development Authority, said Authority having been created pursuant to an Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962, p. 945), which Amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and having been previously amended by Act No. 1134, Ga. Laws 1978, p. 4151; to provide that among the projects which the Authority may undertake in pursuance of its purpose shall be certain sewage disposal facilities or solid waste disposal facilities, certain peak shave facilities, certain air transportation facilities, certain community antenna television systems facilities, certain sports facilities, certain convention or trade show facilities and related improvements, certain industrial parks, certain office building facilities to further the development of trade, commerce, industry or employment opportunities, certain skilled nursing homes or intermediate care home facilities, and certain costs incidential to all or any of the foregoing; to provide that projects in progress on the effective date of this act may be for other purposes. This 15th day of January, 1981. Carl Cartledge, chairman Griffin-Spalding County Development Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized by 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: February 24, March 3, 10, 1981.

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/s/ Jim Fortune Representative, 71st District Sworn to and subscribed before me, this 16th day of March 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. MUSCOGEE COUNTY SCHOOL DISTRICTMEMBERS, ETC. No. 746 (House Bill No. 772). AN ACT To amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. Laws 1949, p. 1086), as amended, particularly by an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2373) and by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2452), so as to provide for a new method of selection of members of the Muscogee County Board of Education; to change the terms of office of members in connection 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. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. Laws 1949, p. 1086), as amended,

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particularly by an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2373) and by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2452), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The administration of said School District shall be vested in a board to be known as the Muscogee County Board of Education, hereinafter known as the `Board of Education.' The Board of Education shall consist of members who at the time of their appointment shall be 21 years of age and bona fide residents of Columbus, Georgia, for at least 24 months. The members of said Board of Education shall be appointed by the grand juries of Muscogee County. The grand juries shall solicit recommendations from the citizens of Muscogee County regarding nominees for said Board of Education. At least 30 days prior to a grand jury's making an appointment of a member of said Board of Education, such grand jury shall cause an advertisement to appear at least once in a newspaper of general circulation within Muscogee County. Such advertisement shall state that the grand jury is considering nominations for membership on the Muscogee County Board of Education and that citizens may write to the grand jury to recommend names for consideration by the grand jury for such membership on said Board of Education. Said advertisement shall include a mailing address for the grand jury and such other information, including residency requirements that may be applicable to prospective nominees, as the grand jury determines to be appropriate. Said advertisement shall also state the date, time, and place that the grand jury shall meet for the purpose of considering nominations to said Board of Education. Only during the time that the grand jury is meeting for such purpose, such meeting shall be open to the public, but citizens shall not have the right to address the grand jury at any such meeting except on the invitation of the grand jury. The vote on final selection shall be by secret ballot. The cost of advertisements required herein shall be paid by the Muscogee County Board of Education. No member of said Board shall be eligible for reappointment after such member has served two consecutive full terms of five years each on said Board until such member is off the Board for one year or more, when such member shall again be eligible for reappointment. (b) The Board shall be composed of 15 members, and the grand jury shall appoint three members from each of the four council districts in Columbus, Georgia, and three members from the

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Muscogee County school district at large. The members appointed from council districts shall be bona fide residents of the respective council districts at the time of their appointment and during their terms of office. If a member from a council district ceases to be a resident of such district during a term of office, a vacancy shall thereby be created in such member's position on the Board. Members of the Board shall be appointed by the grand jury meeting in May of each year or at the next meeting of the grand jury thereafter. Members of the Board shall take office on the first Monday in January following their appointment. The Board shall be constituted, as required herein, effective on the first Monday in January, 1982, and thereafter. (c) The initial membership of the Board as provided by subsection (b) shall be established as follows: (1) During 1981, the grand jury shall appoint the three members from council district 1 to take office on the first Monday in January, 1982, for terms as follows: one member shall be appointed for a term of five years, one member for a term of four years, and one member for a term of three years; (2) The initial members from council district 2 shall be the three incumbent members of the Board who reside within council district 2, and such members shall serve until the expiration of the terms to which they were appointed; (3) The initial members from council district 3 shall be the incumbent member of the Board who resides within council district 3 and whose term of office expires on the first Monday in January, 1983, and the two incumbent members of the Board who reside within council district 3 and whose terms of office expire on the first Monday in January, 1984, and all three such members shall serve until the expiration of the terms to which they were appointed. (4) One of the initial members from council district 4 shall be appointed by the grand jury during 1981, and the member so appointed shall take office on the first Monday in January, 1982, for a term of five years. The remaining initial members from council district 4 shall be the two incumbent members of the Board who reside within council district 4, and such members shall serve until the expiration of the terms to which they were appointed;

Page 4888

(5) During 1981, the grand jury shall appoint the three initial at-large members. All three such members shall be appointed by the grand jury from the incumbent membership of the Board who reside within council district 3 but who were not constituted council district 3 members under paragraph (3) of this subsection. For the purpose of allowing the grand jury to make the appointments from such incumbent membership, the terms to which such incumbent members were appointed are hereby shortened to expire on the first Monday in January, 1982. One of such members shall be appointed for a term of five years, one for a term of four years, and one for a term of three years. All such members shall take office on the first Monday in January, 1982. (d) Successors to the membership of the Board as constituted under subsection (c) of this Section and future successors shall be appointed by the grand jury during the year immediately preceding the expiration of the respective terms of office, and the members so appointed shall take office on the first Monday in January following their appointment for terms of five years. All members shall serve until their successors are appointed and qualified. The terms of all members shall expire on the first Monday in January upon the completion of the terms to which appointed. In appointing successors to the initial at-large members provided for in paragraph (5) of subsection (c), the grand jury shall make such appointments so that no two members shall be residents of the same council district. (e) All members of the Board shall serve without compensation. No person shall be qualified to serve as a member of said Board of Education while holding any kind of public office for which compensation is paid, except the office of notary public. Absence by a member of said Board for three consecutive meetings shall be held to be a resignation from the Board, but such absence may be excused by resolution adopted by a majority of the Board. (f) All vacancies on said Board of Education, whether from death, resignation, disqualification or otherwise, shall be filled by appointments by any grand jury for the unexpired terms. (g) Each member of the Board of Education upon assuming office shall take an oath faithfully to perform the duties of his office. (h) The said Board of Education shall hold regular monthly meetings, except during June, July, and August of each year, on a date

Page 4889

fixed by said Board. The said Board may hold special meetings upon two days' written notice to its members. At all meetings a majority of the entire membership of said Board shall constitute a quorum for the transaction of business. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1981, for the passage of a Bill to be entitled An Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. Laws 1949, 1086), as amended, particularly by an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2373) and by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2452), so as to provide for a new method of selection of members of the Muscogee County Board of Education. 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 Publisher 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 2, 1981, January 9, 1981, and January 16, 1981. /s/ Glenn Vaughan, Jr.

Page 4890

Sworn to and subscribed before me, this the 16 day of January, 1981. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved April 13, 1981. J. EBB DUNCAN MEMORIAL PARKWAY DESIGNATED. No. 7 (Senate Resolution No. 20). A RESOLUTION Designating the J. Ebb Duncan Memorial Parkway; and for other purposes. WHEREAS, Honorable J. Ebb Duncan was one of the most outstanding and distinguished citizens of the State of Georgia; and WHEREAS, J. Ebb Duncan was a dedicated and honorable politician, statesman, and humanitarian who served the citizens of Georgia for over 30 years; and WHEREAS, J. Ebb Duncan was a member of the Georgia House of Representatives for 15 years, was a Georgia Senator for eight years, and generously gave of his time and effort to numerous and varied civic activities and organizations; and WHEREAS, J. Ebb Duncan was loved by all who knew him and his presence will be missed by all those whom he served so well for so many years.

Page 4891

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 166 which lies in Douglas and Carroll counties is hereby designated the J. Ebb Duncan Memorial Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is hereby authorized to place appropriate signs on the highway hereinabove described designating it as the J. Ebb Duncan Memorial Parkway. Approved April 14, 1981. COMPENSATION TO A. V. ARNOLD. No. 25 (House Resolution No. 13). A RESOLUTION Compensating Mr. A. V. Arnold; and for other purposes. WHEREAS, Mr. A. V. Arnold of Americus, Georgia, raises cattle; and WHEREAS, on February 12, 1977, employees of the Georgia Forestry Commission, while fighting a forest fire, knocked down a fence on Mr. Arnold's property; and WHEREAS, as a result several cows belonging to Mr. Arnold escaped and wandered on a highway, U. S. 280 West, where one cow and one calf were struck and killed by an unidentified motorist; and WHEREAS, the remainder of the cows which escaped Mr. Arnold's property wandered into a pasture approximately three miles away and eventually had to be transported back to Mr. Arnold's property; and

Page 4892

WHEREAS, the damages sustained by Mr. Arnold totaled $425.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Arnold and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Forestry Commission is hereby authorized and directed to pay the sum of $425.00 to Mr. A. V. Arnold as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the commission and shall be in full and complete satisfaction of all claims against the state arising out of this occurrence. Approved April 14, 1981. COMPENSATION TO CHARLES E. ANDERSON. No. 26 (House Resolution No. 21). A RESOLUTION Compensating Mr. Charles E. Anderson; and for other purposes. WHEREAS, on November 29, 1979, Mr. Charles E. Anderson was eating supper in the Bolton Hall cafeteria on the campus of the University of Georgia; and WHEREAS, Mr. Anderson was returning to the serving line and walked past the conveyor belt which returned trays to the kitchen; and WHEREAS, there was water and broken glass on the floor which caused Mr. Anderson to slip and fall; and

Page 4893

WHEREAS, Mr. Anderson suffered a severe injury to his hand due to the fall and sustained damages in the amount of $2,062.18 in hospital and medical expenses; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Charles E. Anderson, and it is only just and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $1,090.05 to Mr. Charles E. Anderson 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 14, 1981. COMPENSATION TO J. D. DOUGLAS, JR. No. 27 (House Resolution No. 22). A RESOLUTION Compensating Mr. J. D. Douglas, Jr.; and for other purposes. WHEREAS, on October 9, 1975, at approximately 4:00 P.M., Mr. J. D. Thomas, an employee of the Georgia Department of Transportation, was operating a lawn mower along the side of Interstate Highway 16 between highway markers 21 and 22; and WHEREAS, also on that day, at approximately 4:00 P.M., Mr. J. D. Douglas, Jr., a resident of Alpharetta, Georgia, was traveling in his automobile on Interstate Highway 16 towards Macon, Georgia; and WHEREAS, when Mr. Douglas' automobile passed the area in which Mr. Thomas was operating the lawn mower, the lawn mower

Page 4894

threw a foreign object, later identified as an automobile brake shoe, into the side of Mr. Douglas' automobile; and WHEREAS, as a result of this incident, Mr. Douglas suffered property damage to his automobile in the amount of $82.00, for which he has received no compensation; and WHEREAS, it is only fitting and proper that Mr. Douglas be compensated for the property damage to his automobile. 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 $82.00 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 14, 1981. COMPENSATION TO JACK HAYDEN. No. 34 (House Resolution No. 80). A RESOLUTION Compensating Mr. Jack Hayden; and for other purposes. WHEREAS, Mr. Jack Hayden was walking through knee-deep grass on the right of way along State Route 280 in Cobb County, Georgia, the afternoon of June 3, 1980, and fell through an open manhole on said highway right of way; and WHEREAS, he suffered personal injury and medical expenses in the amount of $342.73 and suffered lost wages in the amount of $504.00; and

Page 4895

WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Hayden so it is only fitting and proper that he be reimbursed for his loss of $846.73. 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 $846.73 to Mr. Jack Hayden 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 14, 1981. COMPENSATION TO DR. JOHN J. KLEIN. No. 37 (House Resolution No. 110). A RESOLUTION Compensating Dr. John J. Klein; and for other purposes. WHEREAS, on February 25, 1980, Dr. John J. Klein's automobile was parked in parking lot E at Georgia State University in Atlanta, Georgia; and WHEREAS, on that day personnel from the Plant Department of Georgia State University were performing maintenance in said parking lot; and WHEREAS, the personnel from the Plant Department of Georgia State University broke the right rear window of Dr. Klein's automobile; and WHEREAS, the accident occurred through no fault or negligence on the part of Dr. Klein, so it is only fitting and proper that he be reimbursed for the damage done to his property.

Page 4896

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia State University is hereby authorized and directed to pay the sum of $70.39 to Dr. John J. Klein as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Board of Regents of the University System of Georgia and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 14, 1981. COMPENSATION TO GUY A. FITZGERALD. No. 39 (House Resolution No. 141). A RESOLUTION Compensating Mr. Guy A. Fitzgerald; and for other purposes. WHEREAS, on June 5, 1980, Mr. Guy A. Fitzgerald was driving his automobile on Tugalo Street in Toccoa, Georgia; and WHEREAS, Mr. Fitzgerald drove his automobile across a traffic counter placed in the street by the Department of Transportation; and WHEREAS, a nail used to secure the traffic counter punctured one of the tires of Mr. Fitzgerald's automobile; and WHEREAS, Mr. Fitzgerald suffered damages to his tire in the amount of $64.84, and said loss was through no fault or negligence on the part of Mr. Guy A. Fitzgerald. 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 $64.84 to Mr. Guy A. Fitzgerald as compensation as provided above. Said sum shall be

Page 4897

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 14, 1981. LAND CONVEYANCE TO DANNY R. FARROW AUTHORIZED. No. 40 (House Resolution No. 143). A RESOLUTION Authorizing the conveyance of certain State-owned property located in Catoosa County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of approximately six acres in Catoosa County, Georgia, formerly utilized by the State as part of a section farm for the Western Atlantic Railroad (WA); and WHEREAS, the property is currently under the custody and management of the State Properties Commission; and WHEREAS, said real property is all that tract or parcel of land lying and being in Catoosa County, Georgia, and being generally described as follows: All that tract or parcel of land twenty (20) feet in width and nine hundred sixteen (916) feet, more or less, in length, in Land Lot 134 of the 28th District, 3rd Section, Catoosa County, Georgia, being more particularly shown and delineated as a part of Parcel No. 9 of the WA Railroad Valuation Map No. V2/55, both filed in the office of the State Properties Commission.;

Page 4898

and WHEREAS, the property is no longer useful to or needed by the State of Georgia and therefore is surplus; and WHEREAS, Mr. Danny R. Farrow is the adjoining landowner and has no way of access to a public highway other than over the above-described State-owned property. 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 property and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State Properties Commission is hereby authorized to convey the above-described property for a consideration of seven hundred eighteen dollars, thirty cents ($718.30) to Danny R. Farrow upon such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. Section 3. That the State Properties Commission is hereby authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 5. That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 14, 1981.

Page 4899

ROBERT HILLSMAN BRIDGE DESIGNATED. No. 41 (House Resolution No. 144). A RESOLUTION Designating the Robert Hillsman Bridge; and for other purposes. WHEREAS, Mr. Robert Hillsman has been active in both civic and community affairs in Morgan County; and WHEREAS, Mr. Hillsman has been an active farmer and dairyman for many years; and WHEREAS, his devotion and loyalty to his family and community will always be symbolized as a bridge of strength for those who follow; and WHEREAS, it is only fitting and proper that the life of Mr. Robert Hillsman be memorialized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge which spans Big Indian Creek on state Highway 83 in Morgan County shall be designated the Robert Hillsman Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating such bridge as the Robert Hillsman Bridge. Approved April 14, 1981.

Page 4900

BROOKS PENNINGTON BRIDGE DESIGNATED. No. 42 (House Resolution No. 145). A RESOLUTION Designating the Brooks Pennington Bridge; and for other purposes. WHEREAS, Mr. Brooks Pennington was born in the community of Pennington and has spent his life as an active farmer and merchant in Morgan County; and WHEREAS, Mr. Pennington has always been extremely well liked and highly regarded by the residents of his community, and he has always served as an inspiration to the citizens of Morgan County; and WHEREAS, it is only fitting and proper that the life of Mr. Brooks Pennington be memorialized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge which spans the Little River on state Highway 83 in Morgan County shall be designated the Brooks Pennington Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating such bridge as the Brooks Pennington Bridge. Approved April 14, 1981.

Page 4901

CITY OF AUGUSTA-COUNTY OF RICHMOND CRIMINAL ADVISORY COMMISSION CREATED. No. 45 (House Resolution No. 148). A RESOLUTION Creating the City of Augusta-County of Richmond Criminal Advisory Commission; and for other purposes. WHEREAS, the number of crimes and the incidences of criminal activity increase every year; and WHEREAS, the victims of crime suffer immeasurable physical injury, property loss, and emotional suffering; and all citizens spend, through tax dollars, enormous sums of money to prevent and detect crimes and to capture and punish criminals; and WHEREAS, this expenditure of public money is a tremendous drain on limited state and local resources which are vitally needed in other areas; and WHEREAS, it is vital that all facets of the community become actively involved in solving this problem and to that end actively assist and participate in developing solutions to one of the gravest problems facing the citizens of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the City of Augusta-County of Richmond Crime Advisory Commission to be composed of 21 members selected as follows: Two members of the governing authority of Richmond County; Two members of the governing authority of the City of Augusta; Two members of the General Assembly of Georgia who represent Richmond County; Two members of the grand jury; One member of the board of education;

Page 4902

One judge of the superior court, or his designee; The district attorney, or his designee; The solicitor of the state court, or his designee; The chief of police of the City of Augusta, or his designee; The sheriff of Richmond County, or his designee; and Seven at-large members. BE IT FURTHER RESOLVED that the organizational meeting shall be called by the judge of the superior court. The first order of business at the organizational meeting shall be the selection of the seven at-large members. The second meeting shall also be called by the judge of the superior court. The first order of business at such meeting shall be the election of a chairman by a majority vote of the full commission. The commission shall meet at the call of the chairman, but any five members may petition the chairman to call a meeting. The chairman shall call a meeting of the commission at least once per calendar month. The commission may adopt rules for its own governance. The members of the commission shall receive no compensation or expenses for performing any duty or function as a member of the commission. The named members shall serve by virtue of position and the seven at-large members shall serve for two years and until their successors are selected. The commission shall have perpetual existence. BE IT FURTHER RESOLVED that the commission shall study crime and criminal activity in the City of Augusta and the County of Richmond. The commission may undertake the investigation and study of all relevant issues and problems in this area. From these studies and investigations the commission may recommend solutions to the problem of crime and criminal activity in the City of Augusta and the County of Richmond and may offer advice in this area to the appropriate governing authorities or law enforcement agencies. Approved April 14, 1981.

Page 4903

COMPENSATION TO MRS. WATSON V. DERDEN. No. 48 (House Resolution No. 155). A RESOLUTION Compensating Mrs. Watson V. Derden; and for other purposes. WHEREAS, on October 16, 1980, Mrs. Watson V. Derden, a resident of Atlanta, Georgia, was driving her automobile in an easterly direction on Interstate Highway 285 in the vicinity of the Chattahoochee River in Fulton County; and WHEREAS, as Mrs. Derden passed by in her automobile, a mower being operated on the median of said highway by personnel from the State Highway Department threw out a rock which landed on the hood of her automobile; and WHEREAS, the rock hit Mrs. Derden's automobile with such force that it dented the vehicle in three places and resulted in damage to the vehicle in the amount of $71.45; and WHEREAS, the accident occurred through no fault or negligence on the part of Mrs. Derden, so it is only fitting and proper that she be reimbursed for the damage to her property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department of Georgia is hereby authorized and directed to pay the sum of $71.45 to Mrs. Watson V. Derden 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 14, 1981.

Page 4904

COMPENSATION TO ROY DAVIS, III. No. 51 (House Resolution No. 164). A RESOLUTION Compensating Roy Davis III; and for other purposes. WHEREAS, on March 10, 1971, Roy D. Davis III, while an employee of the Department of Public Safety, parked a motor vehicle belonging to the Department of Public Safety on Second Street in Donalsonville, Georgia; and WHEREAS, Roy Davis left said vehicle with the engine running and, while said vehicle was unattended, said vehicle backed into the front of the Western Auto Store owned by Jack Brannon; and WHEREAS, said collision damaged the property of Mr. Brannon in the sum of $1,244.08; and WHEREAS, Mr. Davis was sued and made liable for the repairs to Mr. Brannon's property; and WHEREAS, Mr. Davis should not personally have to satisfy the damages arising out of the course of his duties and employment. 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 $1,244.08 to Mr. Roy Davis 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 14, 1981.

Page 4905

COMPENSATION TO JAMES W. TRUELOVE. No. 53 (House Resolution No. 214). A RESOLUTION To compensate Mr. James W. Truelove; and for other purposes. WHEREAS, on July 15, 1980, Trooper D. C. Phagan was driving a state patrol vehicle south on Georgia State Route 11; and WHEREAS, Trooper Phagan started into a curve and apparently lost control of the vehicle and ran off the road and struck a culvert; and WHEREAS, the vehicle continued out of control and skidded into the front lawn of Mr. James W. Truelove; and WHEREAS, the vehicle damaged the lawn, several trees, and sprayed broken glass and gravel on a 1978 Pontiac Grand Prix belonging to Mr. Truelove to the extent that the vehicle required repainting; and WHEREAS, the damages amounted to $533.00 in repairs to the lawn and automobile, $500.00 in depreciated value to the automobile and $1,000.00 in depreciated value to the lawn, for a total of $2,033.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. James W. Truelove and it is only fitting and proper that he be compensated for the damages to his property and automobile. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Public Safety is hereby authorized and directed to pay the sum of $333.00 as compensation as provided above. Said sum shall be paid from the 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 14, 1981.

Page 4906

COMPENSATION TO DONALD B. McLAIN. No. 54 (House Resolution No. 216). A RESOLUTION Compensating Mr. Donald B. McLain; and for other purposes. WHEREAS, on or about September 17, 1980, on Georgia Highway 9 approximately one-half mile north of Dahlonega, Georgia, a 1974 Mazda automobile owned by Mr. Donald B. McLain and being driven by Mrs. Karen McLain, wife of Mr. Donald B. McLain, ran across a mud slick left on said highway by a Department of Transportation work crew; and WHEREAS, upon running across said mud, said automobile could not be controlled by the driver thereof and said automobile went over an embankment causing severe damage to said automobile; and WHEREAS, no warning sign or employee of the Department of Transportation was present at said mud slick to warn motorists of the danger thereof; and WHEREAS, said accident was caused directly by said mud slick and there was no fault or negligence whatsoever on the part of Mrs. Karen McLain, driver of the automobile damaged in said accident; and WHEREAS, the cost incurred by Mr. Donald B. McLain to repair said automobile was $1,343.52 for which he has not been and cannot be reimbursed by insurance. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $1,343.52 to Mr. Donald B. McLain as compensation as provided above. Said sum

Page 4907

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 14, 1981. COMPENSATION TO MICHAEL R. MULLINS. No. 55 (House Resolution No. 229). A RESOLUTION Compensating Mr. Michael R. Mullins; and for other purposes. WHEREAS, between the hours of 5:00 P.M. on Friday, October 24, 1980, and 7:00 A.M. on Monday, October 27, 1980, the Department of Transportation's maintenance shop in Villanow, Georgia, was broken into; and WHEREAS, numerous personal tools and equipment belonging to Mr. Michael R. Mullins were stolen; and WHEREAS, Mr. Michael R. Mullins has suffered a pecuniary loss in the amount of $451.45; and WHEREAS, said loss occurred through no fault or negligence on the part of Mr. Michael R. Mullins. 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 $451.45 to Mr. Michael R. Mullins 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 14, 1981.

Page 4908

COMPENSATION TO JAMES W. EZELL. No. 56 (House Resolution No. 230). A RESOLUTION Compensating Mr. James W. Ezell; and for other purposes. WHEREAS, between the hours of 5:00 P.M. on Friday, October 24, 1980, and 7:00 A.M. on Monday, October 27, 1980, the Department of Transportation's maintenance shop in Villanow, Georgia, was broken into; and WHEREAS, numerous personal tools and equipment belonging to Mr. James W. Ezell were stolen; and WHEREAS, Mr. James W. Ezell has suffered a pecuniary loss in the amount of $50.80; and WHEREAS, said loss occurred through no fault or negligence on the part of Mr. James W. Ezell. 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 $50.80 to Mr. James W. Ezell 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 14, 1981.

Page 4909

COMPENSATION TO RODNEY B. JOHNSON. No. 57 (House Resolution No. 231). A RESOLUTION Compensating Mr. Rodney B. Johnson; and for other purposes. WHEREAS, between the hours of 5:00 P.M. on Friday, October 24, 1980, and 7:00 A.M. on Monday, October 27, 1980, the Department of Transportation's maintenance shop in Villanow, Georgia, was broken into; and WHEREAS, numerous personal tools and equipment belonging to Mr. Rodney B. Johnson were stolen; and WHEREAS, Mr. Rodney B. Johnson has suffered a pecuniary loss in the amount of $1,239.70; and WHEREAS, said loss occurred through no fault or negligence on the part of Mr. Rodney B. Johnson. 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 $1,239.70 to Mr. Rodney B. Johnson 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 14, 1981.

Page 4910

COMPENSATION TO ALONZA ANDERSON. No. 60 (House Resolution No. 248). A RESOLUTION Compensating Mr. Alonza Anderson; and for other purposes. WHEREAS, on November 8, 1979, Mr. Alonza Anderson, an employee at the Central State Hospital in Milledgeville, Georgia, parked his motor vehicle in the employee parking lot at the hospital; and WHEREAS, a resident patient who has a medical history of throwing objects when upset threw a rock through the windshield of Mr. Anderson's motor vehicle; and WHEREAS, a security guard at Central State Hospital witnessed the incident and reported the incident to Mr. Anderson; and WHEREAS, Mr. Anderson suffered damages to his motor vehicle in the amount of $184.60, and said loss occurred through no fault or negligence on the part of Mr. Anderson. 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 $116.10 to Mr. Alonza Anderson 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 14, 1981.

Page 4911

DeKALB COUNTY COMPENSATION STUDY COMMISSION. No. 62 (House Resolution No. 251). A RESOLUTION Creating the DeKalb County Compensation Study Commission; and for other purposes. WHEREAS, by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3986), the compensation of the elected public officials of DeKalb County was fixed as a percentage of the compensation now or hereafter paid to judges of the superior courts of the Stone Mountain Judicial Circuit; and WHEREAS, this system of compensating public officials and the percentages referred to above should be reevaluated. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the DeKalb County Compensation Study Commission to be composed of 11 members as follows: (1) Four citizens of DeKalb County elected by the DeKalb County Senate delegation; (2) Four citizens of DeKalb County elected by the DeKalb County House delegation; and (3) Three citizens of DeKalb County elected by the governing authority of DeKalb County. BE IT FURTHER RESOLVED that the organizational meeting of the commission shall be called jointly by two members, one of whom shall be designated by the DeKalb County Senate delegation from the members elected by such Senate delegation and one of whom shall be designated by the DeKalb County House delegation from the members elected by such House delegation. The organizational meeting shall be called for a day not later than May 15, 1981, and the election of members of the commission shall be completed by May 1, 1981. At the organizational meeting, the commission shall elect from its own membership a chairman, vice chairman, secretary,

Page 4912

and any other officers it deems necessary or appropriate. All members of the commission shall serve without compensation and no member shall be reimbursed from any public funds for expenses incurred as a member of the commission. BE IT FURTHER RESOLVED that the commission shall make a complete study of the present system of compensating the elected officials of DeKalb County and shall make recommendations relative to an alternative method of fixing such compensation or any other recommendation relative to the compensation of such officials as the commission may find appropriate based on its study. The commission shall hold a minimum of five meetings, all of which shall be held at a public building located within DeKalb County, and at least three meetings shall be public hearings. The commission shall publicize the time, place, date, and purpose of each public hearing in advance of the date of each such public hearing. If any expenses are incurred by the commission in publicizing such public hearings, such expenses shall be paid by the governing authority of DeKalb County from the funds of the county. BE IT FURTHER RESOLVED that the commission shall make a report of its findings, conclusions, and recommendations by December 1, 1981, on which date the commission shall stand abolished. The commission's report shall be sent to each member of the DeKalb County delegation to the General Assembly. A copy of said report shall be maintained in the office of the chairman of the Board of Commissioners of DeKalb County and shall be duplicated by such office and made available to any interested citizen upon the request of such citizen. Approved April 14, 1981.

Page 4913

THE JOHN NEVILLE BIRCH MEMORIAL BRIDGE RENAMED THE JERRY WADLEY WILLIAMS MEMORIAL BRIDGE. No. 65 (House Resolution No. 329). A RESOLUTION Renaming The John Neville Birch Memorial Bridge as The Jerry Wadley Williams Memorial Bridge; and for other purposes. WHEREAS, the Honorable Jerry Wadley Williams was born in Juliette, Georgia, and lived there until his untimely death on December 28, 1975; and WHEREAS, he was an outstanding leader in high school, serving as president of his sophomore, junior, and senior classes during that time; and WHEREAS, he was also treasurer of the Future Farmers of America during his junior year and assistant editor of the annual staff; and WHEREAS, he was voted best all-around senior and friendliest in his senior class; and WHEREAS, he was a dedicated member of the Georgia National Guard; and WHEREAS, he was always an outstanding member of the community in which he lived, and his contributions to his community will be sorely missed; and WHEREAS, the memory of such an outstanding and honorable man should be commemorated in a tangible fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that The John Neville Birch Memorial Bridge spanning the Ocmulgee River in Juliette, Georgia, is hereby renamed and redesignated The Jerry Wadley Williams Memorial Bridge.

Page 4914

BE IT FURTHER RESOLVED that the Department of Transportation is hereby authorized and directed to erect appropriate signs on the approaches to said bridge redesignating said bridge as The Jerry Wadley Williams Memorial Bridge. BE IT FURTHER RESOLVED THAT THE Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to the family of the Honorable Jerry Wadley Williams and to the Commissioner of the State Department of Transportation. Approved April 14, 1981. CITY OF TYBEE ISLANDCORPORATE LIMITS, REFERENDUM. No. 786 (House Bill No. 1018). AN ACT To amend an Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. Laws 1970, p. 2080), as amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. Laws 1970, p. 2080), as amended, is hereby amended by adding at the end of Section 4 a new paragraph to read as follows: The corporate limits of the City of Tybee Island shall also include all of the territory, land and improvements located within the following described area, to wit:

Page 4915

Beginning at the intersection of Tybee Creek and the Atlantic Ocean, following Tybee Creek in a North and Northwestwardly direction to the intersection of Tybee Creek with Lazaretto Creek, going in a Southwesterly direction to the intersection of Lazaretto Creek and Tybee River (known locally as Bull River) and continuing Southwardly to Wassaw Sound, then Southeasterly to the Atlantic Ocean and Northeasterly to the point of beginning. Section 2. Said Act is further amended by adding at the end of Section 4 an additional new paragraph to read as follows: The corporate limits of the City of Tybee Island shall also include all of the territory, land and improvements located within the following described area, to wit: Beginning at the Western boundary of the City of Tybee Island and extending Westwardly to Lazaretto Creek to the intersection of Tybee Creek, following an Eastern line along Tybee Creek and then extending Northward along Chimney Creek to the Southern boundary of the City Limits of Tybee Island. Section 3. Not less than 30 days nor more than 90 days after the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the board of elections of Chatham County to issue the call for an election for the purpose of submitting Section 2 of this Act to the voters residing outside of the corporate limits of the City of Tybee Island as the city limits existed on January 1, 1981, but within the area proposed to be annexed under the provisions of Section 2 of this Act and to the voters residing within the corporate limits of the City of Tybee Island as the same existed on January 1, 1981, for approval or rejection. Only the qualified voters of the City of Tybee Island and those voters residing in such area proposed to be annexed by Section 2 of this Act who are registered voters of Chatham County and who are qualified to vote for members of the General Assembly of Georgia shall be eligible to vote in said election. It shall be the duty of the board of elections of Chatham County to compile a list of the registered voters of the county residing within the area to be annexed to the city limits of Tybee Island under the provisions of Section 2 of this Act. The board of elections shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The board of elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County.

Page 4916

The ballot shall have written or printed thereon the words: [] YES [] NO Shall Section 2 of the Act changing the corporate limits of the City of Tybee Island be approved? All persons desiring to vote in favor of Section 2 of the Act shall vote Yes, and those persons desiring to vote for rejection of Section 2 of the Act shall vote No. If more than one-half of the total number of votes cast on such question within the area proposed to be annexed under the provisions of Section 2 are for approval of Section 2 of this Act and if more than one-half of the total number of votes cast on such question within the corporate limits of the City of Tybee Island as the same existed on January 1, 1981, are for approval of Section 2 of this Act, it shall become of full force and effect; but otherwise it shall be void and of no force and effect. It is the intent of this section that, if more than one-half of the total number of votes cast on such question either in the area to be annexed pursuant to Section 2 or within the existing limits of said city are against approval of said Section 2, then Section 2 shall be void and of no force and effect. The expense of such election shall be borne by the City of Tybee Island. It shall be the duty of the board of elections of Chatham County to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern special elections except as provided herein. The board of elections is hereby authorized to establish one or more special polling places for the conduct of said election. It shall be the duty of the board to elections to canvass the returns and declare and certify the results of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 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 1981 Session of the General Assembly of Georgia, to amend the Charter of the City of Tybee Island, and for the Mayor and

Page 4917

Aldermen of the City of Tybee Island to call for a referendum to extend and change the corporate limits of the City of Tybee Island, and for other purposes. This 15th day of January, 1981. Michael J. Counihan Mayor, City of Tybee Island James Edward McAleer Attorney, City of Tybee Island Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Phillips who, on oath, deposes and says that he/she is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 17, 24 and 31, 1981. /s/ Bobby Phillips Representative, 125th District Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved April 17, 1981.

Page 4918

CATOOSA COUNTYFISCAL ADMINISTRATION OF SHERIFF'S OFFICE, ETC. No. 825 (House Bill No. 793). 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 by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4212) and by an Act approved March 26, 1980 (Ga. Laws 1980, p. 4163), so as to substantially revise the provisions relative to the fiscal administration of the office of sheriff; 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 by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4212) and by an Act approved March 26, 1980 (Ga. Laws 1980, p. 4163), is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The fiscal year of the Sheriff of Catoosa County shall commence on January 1 and end on December 31 of each year. At such time as is designated for the preparation of county budgets, but in any event no later than June 1 of each year, the sheriff shall certify to the governing authority of Catoosa County a proposed budget of expenditures for carrying out the powers, duties and operations of his office for the ensuing fiscal year. The sheriff shall submit with the proposed budget his sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of his office for the ensuing year. The proposed budget shall not exceed the maximum limitation provided

Page 4919

for in subsection (d) of this section and shall show the estimated amounts of all proposed expenditures for staffing, operating, and equipping the sheriff's office and jail, other than construction, repair or capital improvement of county buildings during said fiscal year. The proposed budget shall be available for public inspection during all regular working hours. The expenditures shall be itemized as follows: (1) Salary of the sheriff. (2) Expense allowance of the sheriff as provided by Section 3 of this Act. (3) Salaries of deputies and assistants. (4) Expenses itemized as follows: (A) Gas, oil and grease (B) Auto repair (C) Uniforms (D) Radio equipment and repair (E) Travel expenses (F) Miscellaneous (5) Automobiles and equipment, subject to the limitations provided for by subsection (e) of this section. (6) Investigations. (7) Salaries for jailers, cooks and secretarial help. (b) The sheriff shall furnish the governing authority of Catoosa County all relevant information concerning past and proposed expenditures which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of open and pending investigations. The governing authority of the county may require the sheriff to correct mathematical, mechanical, factual and clerical errors, and

Page 4920

errors as to form in the proposed budget. Not later than June 15 of each year, such budget shall be reviewed and approved or reviewed, modified and approved by the governing authority of the county. (c) If the county governing authority modifies the budget of the sheriff, it will consult with said officer before making a final determination of such modification. It is specifically provided, however, that the final approval of the budget of the sheriff shall be made by the county governing authority, except to the extent that such budget is limited by the terms of this Act. Once approved by the county governing authority, said budget shall control county expenditures for the operation of the sheriff's office for the ensuing fiscal year. (d) The total expenditures for the operation of the sheriff's office, excluding the sheriff's salary and expense allowance and excluding the cost of providing medical and hospital care for prisoners, shall not exceed $312,000.00 per annum. The disbursement of funds to pay for the operation of the sheriff's office, as fixed by the budget, shall be at such periods and pursuant to such procedures, which shall include clear and reasonable documentation, as shall be established by the county governing authority. (e) Proposed expenditures for the purchase of automobiles for the use of the sheriff's office shall be budgeted under paragraph (5) of subsection (a) of this section, but the county governing authority shall have the responsibility for the purchase of said automobiles; provided that said automobiles shall be of a type suitable for police work. The county governing authority shall, by ordinance or resolution, provide specifications, consistent with the foregoing requirements, which specifications shall not be limited to any one manufacturer or model of automobile, governing the purchase of said automobiles. Said automobiles shall be purchased by competitive bid. It shall be the duty of said county governing authority, by ordinance or resolution, to establish a procedure for the solicitation of at least three bids for the purchase of said automobiles by written bid. All such bids shall be retained and shall be available for public inspection. When not being used to carry out the official duties of the sheriff's office, said automobiles shall be stationed at a location of access to the on-duty personnel of the sheriff's office and said automobiles shall not be used for personal or private use. (f) The sheriff and the county governing authority shall be personally liable for any expenditures made from county funds to

Page 4921

staff, operate, and equip the sheriff's office and jail, if such expenditures are in violation of the budget for the sheriff's office and jail provided for in this Act. (g) The sheriff shall make a semiannual itemized report of all expenditures of his office to the grand jury of the county. The grand jury may reasonably request, and the sheriff shall provide, information additional to such report necessary to fully and accurately reflect all expenditures of the sheriff's office. 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 1981 session of the Georgia General Assembly, a bill relative to the office of Sheriff of Catoosa County and county expenditures for said office and for other purposes. /s/ Robert G. Peters State Representative State of 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 1, 8, and 15, 1981. /s/ Jim Caldwell

Page 4922

Sworn to and subscribed before me, this the 20 day of January, 1981. /s/ June B. Hester (Seal). Approved April 22, 1981. CATOOSA COUNTYACT CREATING OFFICE OF COMMISSIONER AMENDED. No. 827 (House Bill No. 917). 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 21, 1958 (Ga. Laws 1958, p. 2716) and an Act approved March 26, 1980 (Ga. Laws 1980, p. 4166), so as to change certain courthouse hours; to provide for budgeting and auditing and the methods and procedures connected therewith; to provide for competitive and negotiated bids and the methods and procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 21, 1958 (Ga. Laws 1958, p. 2716) and an Act approved March 26, 1980 (Ga. Laws 1980, p. 4166), is hereby amended by striking from the last sentence of Section 9 the following: ,and from 9:00 a.m. until noon on Saturdays,

Page 4923

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. Monday through Friday, except holidays. Section 2. Said Act is further amended by striking in its entirety Section 16 thereof, which reads as follows: Section 16. Be it further enacted by the authority aforesaid, that said Commissioner, at the end of each quarter, shall employ a qualified auditor to audit his books and records and make up an itemized statement showing all accounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter; also such outstanding obligations as he or his predecessor in office shall have made. He shall verify said statement by an affidavit as follows: I,..... Commissioner of roads and revenue of Catoosa County, do solemnly swear that the above is a full and true statement of the monetary transactions of my office for the quarter ending..... and that I have not received any rebate, directly or indirectly, whatsoever, nor have I personally profited or known of any illegal profit to any one whomsoever through any transaction of my office; so help me God. (Signed)..... Commissioner. Sworn to and subscribed before me, this the..... day of..... 19...... Said statement shall be published in the official organ of the county, provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event one dollar per hundred words. If the commissioner cannot obtain the publication of said account or statement at a satisfactory price by the official newspaper of the county or some other newspaper with a general circulation in the county, then he shall erect a bulletin-board in the rotunda of the court-house in view of the general public, and post such statement thereon.,

Page 4924

and inserting in lieu thereof new Sections 16, 16.1, and 16.2 to read as follows: Section 16. (a) The commissioner of Catoosa County shall establish, within 30 days after the effective date of this Section, a fiscal year for the operations of the local government of Catoosa County. (b) The local government of Catoosa County shall operate under an annual balanced budget adopted by resolution of the commissioner and administered in accordance with this Section. A budget resolution is balanced when the sum of estimated net revenues and appropriated fund balances is equal to appropriations. (c) The commissioner of Catoosa County, or his designee, shall prepare, no later than 45 days prior to the end of each fiscal year of the county, a proposed budget for the ensuing fiscal year. (d) The proposed budget shall be an estimate of the financial requirements of each department or agency, by fund, for the budget year. The budget document, at a minimum, shall provide a statement of the amount budgeted for anticipated revenues by category and the amount budgeted for expenditures by category for the current year, including budget amendments, and the anticipated revenues and proposed expenditures for the proposed budget year. (e) No later than five days after the budget is prepared and delivered to the commissioner, a copy of the budget shall be placed in a public location which is convenient to the residents of Catoosa County. The commissioner shall make every effort to provide convenient access to the residents during reasonable business hours so as to accord every opportunity to the public to review the budget prior to adoption by the commissioner. A copy of the budget shall also be made available, upon request, to the news media. (f) Within five days after the posting of the budget, a statement advising the residents of Catoosa County of the availability of the budget shall be published in a newspaper of general circulation in Catoosa County. The statement shall also give notice of the time and place of the budget hearing required by this Section. The statement shall be a prominently displayed advertisement or news article and, further, shall not be placed in that section of the newspaper where legal notices appear.

Page 4925

(g) Not later than one week prior to adoption of the budget resolution, the commissioner shall conduct a public hearing at which time any persons wishing to be heard on the budget may appear. (h) Nothing in this Section shall be deemed to preclude the conduct of further budget hearings, if the commissioner deems such hearings necessary and complies with the requirements of subsection (f) of this Section. (i) On a date after the conclusion of the hearing required in subsection (g), the commissioner shall adopt a budget resolution making appropriations for the fiscal year in such sums as he may deem sufficient, whether greater or less than the sums presented in the proposed budget. The budget resolution shall be adopted at a public meeting which shall be advertised in accordance with the procedures set forth in subsection (f) of this Section not later than one week prior to the meeting. (j) The budget may be prepared in any form that the commissioner deems most efficient in enabling him to make the fiscal policy decisions embodied in the budget but shall show anticipated revenues and appropriations by fund. Section 16.1. (a) Beginning with the first fiscal year of Catoosa County which ends after the effective date of this Section, the commissioner of Catoosa County shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government of Catoosa County for each fiscal year thereof. (b) The audits of the local government of Catoosa County shall be conducted in accordance with generally accepted auditing standards. To the extent that the state auditor is able to provide comparable auditing services, the commissioner may contract with the state auditor. (c) All annual audit reports of the local government of Catoosa County shall contain at least the following: (1) Financial statements prepared in conformity with generally accepted governmental accounting principles, setting forth the financial condition and results of operation of each fund and activity of the local government. Such financial statements shall be the representation of the local government.

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(2) Audits shall contain the opinion of the performing auditor with respect to the financial statements. In addition to an explanation of any qualification or disclaimers contained in the opinion, it shall also disclose, in accordance with generally accepted audit standards, any apparent material violation of state or local law discovered during the audit. (d) Each annual audit report of the local government of Catoosa County shall be completed, and a copy of the report forwarded to the state auditor, within 180 days after the close of the fiscal year of Catoosa County. (e) A copy of the report and of any comments made by the state auditor pursuant to subsection (d) shall be maintained as a public record for public inspection during the regular working hours at the principal office of the commissioner of Catoosa County. Section 16.2. (a) The commissioner shall require at least three competitive bids on all purchases made for or on behalf of the county of material, supplies, or equipment involving an expenditure of $10,000.00 or more. Solicitation for such bids shall be made by advertisement in the legal organ of the county at least once and at least ten days prior to the date fixed for opening of the bids and awarding of the contract. (b) All contracts requiring competitive bids shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid. (c) Bids shall be opened in public by the commissioner, who shall canvass the bids and award the contract according to the provisions of this Section. Every bid conforming to the terms of the advertisement required by this Section, together with the name of the bidder and a designation of the successful bidder, shall be posted at the courthouse door for at least ten days after award or letting of the contract and shall thereafter be subject to public inspection during regular business hours in the office of the clerk of the Superior Court of Catoosa County for a period of at least two years after the award or letting of the contract.

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(d) When bids received pursuant to this Section are insufficient in number, unreasonable or unacceptable as to terms or conditions, are noncompetitive, or the low bid exceeds available funds and it is determined in writing by the commissioner that time or other circumstances will not permit the delay required to resolicit competitive bids, the commissioner shall so inform the grand jury and may then negotiate a contract, provided that each responsible bidder who submitted a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive or the low price exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation. Notice of the award of such negotiated contract shall be posted and kept for public inspection in the same manner as awards of competitive bids. 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 Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the Georgia General Assembly, a bill to set the hours that the office of Commissioner of Roads and Revenue will be open and for other purposes. /s/ Robert G. Peters Representative State of 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

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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 15, 22, 29, 1981. /s/ Jim Caldwell Sworn to and subscribed before me, this the 2 day of March, 1981. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved April 22, 1981.

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ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES

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APPLING COUNTYCOUNTY ADMINISTRATOR. Be it ordained by the Board of Commissioners of Appling County, Georgia that a County Administrator shall be hired to implement policy decisions and direct the day-to-day County governmental operations. ARTICLE I The Appling County Board of Commissioners (hereinafter referred to as the BOARD) charged the Appling County Governmental Study Commission (hereinafter referred to as the COMMISSION) with the responsibility to recommend as to what changes, if any, should be made in the form and operation of County government. The COMMISSION recommended that the BOARD should manage County government through a County Administrator, who, appointed by the BOARD to serve the BOARD, should implement BOARD policy decisions and direct the day-to-day County governmental operations. The Administrative Practices Checklist, prepared by the Institute of Government, University of Georgia, firmly supported a county administrator plan of government. The BOARD approved the COMMISSION'S recommendation at its December fourth, 1979 meeting and the BOARD does have the Constitutional authority to manage local affairs under the Home Rule Amendment in the Georgia Constitution . ARTICLE II The BOARD shall hire a County Administrator who, appointed by the BOARD to serve the BOARD, shall implement BOARD policy decisions and shall direct the day-to-day county governmental operations. ARTICLE III The County Administrator shall exercise control over County Departments and Agencies that report directly to the BOARD; shall enforce County laws and resolutions or ordinances; shall prepare an annual budget; shall advise the BOARD on the financial conditions and needs of the County and shall maintain accurate records reflecting the County's financial affairs; shall

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examine the accounts and records of County Departments and Agencies that report directly to the BOARD; shall supervise performance of contracts; shall regulate purchases of County supplies and materials; and shall perform all other duties delegated by the BOARD. ARTICLE IV The BOARD shall retain the County Clerk position as executive secretary, appointed to and removed from office by the BOARD, to record its official actions, to prepare correspondence and reports, and to maintain County records. ARTICLE V Once the BOARD adopts this law, the County Administrator position shall be immediately advertised in at least the Atlanta and Savannah newspapers and in appropriate professional publications in order to find a suitably trained administrator within a sixty (60) day period. ARTICLE VI In the event any section, subsection, sentence, clause or phrase of this law shall be declared on adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this law, 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 BOARD hereby declares that it would have passed the remaining parts of this law if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE VII All laws and parts of laws in conflict with this law are hereby repealed.

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ARTICLE VIII This law shall take effect immediately upon adoption and compliance with the Home Rule provisions of the Georgia Constitution. ARTICLE IX The official copy of the law shall be attested by and placed on file with the BOARD. On motion made and seconded, this law, after two readings in public meeting, and after notification in the local newspaper, and after display in the Office of the Clerk of Superior Court for Appling County, is hereby adopted and enacted this 6th day of May 1980. /s/ Norman Hollis Chairman Appling County Board of Commissioners Attest: /s/ John R. Windham County Clerk State of Georgia CERTIFICATION I, Max Gardner, Editor and Publisher of THE BAXLEY NEWS BANNER, certify that the following synopsis of the County Administrator Ordinance of Appling County, Georgia, was published in THE BAXLEY NEWS BANNER on March 13, 20, and 27, 1980. Date May 9, 1980 /s/ Max Gardner Editor and Publisher The Baxley News Banner Attest: /s/ Helen Gardner

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NOTICE OF PROPOSED ORDINANCE APPLING COUNTY BOARD OF COMMISSIONERS At a regular meeting of the Appling County Board of Commissioners held on March 11, 1980 there was a first reading of a proposed ordinance dealing with the establishment of a position of County Administrator. A synopsis appears below. Ordinance on Hiring a County Administrator The Appling County Board of Commissioners shall hire a County Administrator who, appointed by the Board to serve the Board, shall implement Board policy decisions and shall direct day-to-day county governmental operations. The County Administrator shall exercise control over County Departments and agencies that report directly to the Board, enforce county ordinances, serve as budget, financial, contract and purchasing officer and perform other duties as delegated by the Board. The Board shall retain the County Clerk position. This ordinance shall be adopted under the provisions of the Home Rule Amendment in the Georgia Constitution. A complete copy of the proposed ordinance may be seen at the office of the Clerk of Superior Court of Appling County, Courthouse, Baxley, Georgia. GEORGIA, APPLING COUNTY Filed in the Office of Secretary of State October 23, 1980. APPLING COUNTYPERSONNEL MANAGEMENT. Be it ordained by the Board of Commissioners of Appling County, Georgia that the following personnel policies shall govern

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the appointment, classification, salary, promotion, demotion, dismissal, and conditions of employment of the employees of Appling County, Georgia. ARTICLE I. THE PERSONNEL SYSTEM Section 1. Merit Principles. The personnel system herein established shall be consistent with merit principles so as to assure: 1. Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment; 2. Providing equitable and adequate compensation; 3. Training employees, as needed, to assure high-quality performance; 4. Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; 5. Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and 6. Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office as stipulated in this Ordinance. Section 2. Administration. A. General Responsibility. The Appling County Commission shall have the basic responsibility for all personnel functions set forth in this Ordinance for all county departments, except as to powers and duties specifically assigned by the Personnel Ordinance or Personnel Policies to appointing authorities. As referred to in this Ordinance and the Personnel Policies, appointing authority shall

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have the following meaning: 1. The County Commission shall be the appointing authority for all Appling County departments and offices which the County Commission appoints the department or office head. 2. The Tax Commissioner shall be the appointing authority and the department head for the Tax Commissioner's office. 3. The Clerk of the Superior Court shall be the appointing authority and the department head for the Superior Court Clerk's office. 4. The Sheriff shall be the appointing authority and the department head for the Sheriff's department. 5. The Judge of Probate shall be the appointing authority and the department head for the Probate Judge's office. B. Appling County Commission. It shall be the responsibility of the Appling County Commission to oversee and assure effective personnel administration and to administer the following personnel policies and rulles. rules. The County Administrator shall be responsible for the administration of the personnel function for those offices directly under the supervision of the County Commission and may assist other appointing authorities upon request. The County Administrator shall assist in the preparation and maintenance of the position classification and the pay plan, maintain a complete system of employee personnel files and records, and perform such other duties in connection with the personnel program as the Commission shall require. The County Commission shall also: 1. Appoint, remove, suspend, and discipline all officers and employees subject to the policies set forth in this Ordinance and local personnel policies adopted thereunder for all county departments and offices for which the Commission appoints the department or office head. The Commission may, at its discretion, authorize the appointed department or office head to appoint and remove

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employees of such departments and offices. 2. Fix and establish the number of employees in all county departments and offices and determine the compensation in accordance with policies set forth in this Ordinance and subject to budget limitations. 3. Certify the eligibility of applicants for appointment to merit career positions; or it may, at its discretion, designate the personnel officer to so certify. 4. Perform such other duties and exercise such other powers in personnel administration as may be prescribed by law and this Ordinance. C. Other Appointing Authorities. Other Appointing Authorities, as specified in Section 2A, shall be charged with the following duties in personnel administration for career employees in their respective departments or offices: 1. Determining and establishing duties and responsibilities of each position. 2. Selecting and appointing employees for career positions from eligible lists certified by the Personnel Officer. 3. Removing, suspending, and disciplining all officers and employees as provided in the Personnel Policies. 4. Performing such other duties and exercising such other powers as may be prescribed by law and this Ordinance. D. Personnel Officer. The Board of Commissioners may appoint either a full-time or part-time officer to assist in the preparation and maintenance of the position classification plan and the pay plan, and perform such other duties in connection with a modern personnel program as the Board of Commissioners shall require. All matters dealing with personnel shall be routed through the Personnel Officer who shall maintain a complete system of personnel files and records. The Personnel Officer, as such, shall have no line responsibility over any County department or office head, but is responsible for reporting to the

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County Commissioners the failure of the County department or office head to comply with the rules and regulations of the merit system. Section 3. Employees Subject to Ordinance. The provision of this Ordinance shall be applicable to all employees except as provided below: 1. Elected officials shall be exempt from the provisions of this Ordinance. 2. Employees not covered by the classification plan of this Ordinance shall be exempt from Articles II, III, and IV. 3. Part-time officials appointed by the governing body, and employees of advisory or special boards and commissions who work an irregular schedule, shall be exempt from all provisions of the Ordinance. 4. Part-time and temporary employees unless specifically covered by action of the County Commission. ARTICLE II. THE CLASSIFICATION PLAN Section 1. Coverage of the Classification Plan. The Board of Commissioners of Appling County shall adopt by Resolution a position classification plan. This classification plan shall include all permanent classes of positions except those exempted in Article I, Section 3. Section 2. Allocation of Positions. The County Commissioners shall allocate each position covered by the classification plan to its appropriate class in the position classification plan. Section 3. Maintenance of Classification Plan. The County commission shall appoint an employee who shall serve as Personnel Officer and who shall be responsible for the administration and maintenance of the position classification plan. Department heads shall be responsible for bringing to the attention of the Personnel Officer 1) the need for new position, and 2) material

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changes in the nature of duties, responsibilities, working conditions, or other factors affecting the classification of any existing position. New positions shall be established only by the governing body, after which they shall 1) allocate the new position to the appropriate class within the existing classification plan, or 2) amend the position classification plan to establish a new class to which the new position may be allocated. When the Personnel Officer or Appointing Authority finds that a substantial change has occurred in the nature or level of duties and responsibilities of an existing position he may recommend; 1) that the existing class specification be revised; 2) that the position be reallocated to the appropriate class within the existing classification plan; or 3) that the governing body amend the position classification plan to establish a new class to which the position may be allocated. Section 4. Amendment of Classification Plan. Classes of positions shall be added to and deleted from the position classification plan upon the recommendation of the department head and Personnel Officer or the appointing authority and with the approval of the governing body. ARTICLE III. THE SALARY PLAN Section 1. Coverage of Salary Plan. The Board of Commissioners of Appling County shall adopt by Resolution a salary plan which shall consist of salary schedules or pay allocations. The salary plan shall include all permanent classes of positions included in the classification plan. Section 2. Maintenance of Salary Plan. The County Commission shall be responsible for the administration of the salary plan. Each year, prior to the preparation of the annual budget, the Personnel Officer shall secure information concerning the general level of salaries paid and fringe benefits provided in private industry in the area, the salaries paid and fringe benefits provided comparable municipal, county and state employees, and any change in the cost of living in the area during the fiscal year. The Personnel Officer shall conduct continuing studies of

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the internal relationships between classes in order to reduce or eliminate inequities between classes of positions. Based on the studies and recommendations of the Personnel Officer and the general financial condition of the governmental unit, the County Administrator shall recommend to the governing body such increases, reduction, or amendments of the salary plan as he deems necessary to maintain the fairness and adequacy of the salary plan. Section 3. Transition to New Salary Plan. The following four principles shall govern the transition to a new salary plan: 1. No employees shall receive a salary reduction as a result of the transition to a new salary plan. 2. All employees being paid at a rate lower than the minimum rate established for their respective classes shall have their salaries raised to the new minimum for their classes. 3. All employees being paid at a rate below the maximum rate established for their respective classes shall be paid at a rate listed in the salary schedule; all employees not at a listed rate shall have their salaries raised to a listed rate. 4. All employees being paid at a rate above the maximum rate established for their respective classes shall remain at their present salaries as long as the maximum rate is below the employees' present salaries. Section 4. Payment at a Listed Rate. All employees covered by the salary plan shall be paid at a listed rate within the salary ranges established for their respective job classifications except employees in a trainee status, or employees whose present salaries are above the established maximum rate following transition to a new pay plan. Section 5. Entrance at the Minimum. Each new employee shall be appointed at the minimum salary which has been established for the classification in which he is employed except:

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1) if the new employee does not meet the minimum requirements of the position and qualified applicants for the position are not available, the Department Head may designate the employee as a trainee to be appointed at a salary below the minimum; 2) when the County Commission shall determine that there has been a demonstrated inability to recruit at the minimum salary or that an applicant possesses exceptional qualifications, the County Commission may authorize the employment of applicant at a higher rate than the minimum in the salary range. Section 6. Salary of Trainee. A new employee who does not meet all of the established qualifications for a position may be appointed with the approval of the Department Head at a training salary no more than two steps below the minimum salary established for the position. The employee shall continue to receive a reduced salary during the probationary period until the appointing department head, with the approval of the Personnel Officer, shall determine that the trainee is qualified to assume the responsibilities of the position or until the employee is discharged or moved to a listed rate in the salary range established for the position. Section 7. Earned Salary Increments. Salary increases above the minimum established for each class of positions shall be granted only in recognition of superior or improved performance. The County Commission shall each year include funds in the budget proposal for providing earned salary increments. Insofar as practicable, each department shall receive a share of the salary increment funds which is in proportion to the department's share of the total salaried paid employees eligible for salary increments in all departments. A salary increment given to any employee shall consist of no less than one full step in the salary range established for his class. Salary increments shall be effective only upon the recommendation of the supervising department head, the County Administrator and with the approval of the County Commission. Section 8. Salary of Reclassified Employee. An employee whose position is reclassified to a class having a higher pay range shall ordinarily receive a one-step salary increase, or an increase to the minimum step of the new salary range, whichever

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is higher. Upon recommendation of the department head, the County Administrator and approval of the County Commission an increase of more than one-step may be granted. An employee whose position is reclassified to a class having a lower pay range shall not receive a reduction in salary as a result of the reclassification. Section 9. Salary of Promoted Employee. An employee promoted to a position in a class having a higher pay range shall ordinarily receive a one-step salary increase, to the minimum step of the new salary range, whichever is higher. Upon recommendation of the department head, the County Administrator and approval of the County Commission, an increase of more than one-step be granted. Section 10. Salary of Transferred Employee. The salary of an employee reassigned to a position in the same class or to a position in a different class with the same salary range shall not be changed by the reassignment. Section 11. Salary of Demoted Employees. The salary of an employee demoted to a position in a class with a lower salary range shall be adjusted to the maximum of the new range or to one step below his former salary, whichever is lower; except that in a non-disciplinary demotion, upon recommendation of the department head, and the County Administrator, the County Commission may continue the salary at the rate of pay prior to demotion. If an employee fails to complete successfully his probationary period following promotion, he shall be reinstated in his former position or in a position in the same class at his former salary. Section 12. Salary of Part-time Employee. The pay plan established by this Ordinance is for full-time service. An employee appointed or less than full-time service shall be paid at a rate determined by converting the established monthly salary of the position into an hourly rate. Section 13. Effective Date of Salary Adjustments. Salary adjustments approved after the first working day of a pay period shall become effective at the beginning of the next pay period or at such specific date as may be provided.

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ARTICLE IV. APPLICATION, APPOINTMENT, PROBATIONARY PERIOD, SEPARATIONS, REINSTATEMENTS Section 1. Applicability of Article. The provision of this article shall be applicable to all employees except those exempted in Article I, Section 4. Section 2. Employment Opportunities. The Personnel Officer shall publicize opportunities for employment with the governmental unit including the salary ranges and employment qualifications for positions to be filled. Each department head shall be responsible for assisting the Personnel Officer in recruiting qualified applicants to fill vacancies in his department. Section 3. Applications. As a general policy, in order not to lose competent applicants, the Personnel Department will accept applications at any time whether or not a vacancy has been announced. As a result of a single application, a candidate shall be considered for all classes of positions in which his principal qualifications might profitably be used. Applications shall be maintained in the active file for six months, after which applicants must re-apply in order to be considered for vacancies. Each applicant for a position within the Appling County government shall make application on a standard application form approved by the County Administrator. The Personnel Officer may reject an application which indicates that the applicant is deficient in any or all of the requirements as specified in the class specification or any recruitment notice. An applicant may also be rejected for the practice or attempted practice of fraud or deception in the completion of his application, or if his past record of employment is determined to be unsatisfactory by the Personnel Officer. Section 4. Qualifications and Evaluations. Employees shall meet the employment standards established by the position classification plan and such other reasonable minimum standards as to character, aptitude, ability to meet the public and physical condition as may be established by the Personnel Officer with the advice and recommendations of the department

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heads, provided, however, that such minimum standards are necessary for satisfactory job performance and do not discriminate against any race, sex, political affiliation, or national origin as prohibited. The Personnel Officer shall review all applications to determine whether the applicant meets the qualifications established for the position. Oral interviews may be conducted by the Personnel Officer and/or department head. With the approval of the department head and the Personnel Officer, fingerprinting, check of arrest records, physical examination, or other background checks may be required if deemed a factor in job performance. Section 5. Appointments. (a) Department Heads: Those positions designated by resolution of Commission as Department Heads shall be appointed by the County Commission from eligible lists submitted by the Personnel Officer. (b) Other Employees: Whenever a vacancy exists, applications of all qualified applicants for the position shall be forwarded by the Personnel Officer to the department head for his review. The department head or appointing authority shall appoint the person best qualified for the position and recommend the salary to be paid if other than the minimum rate established for the position. The Personnel Officer shall then allocate the position to a proper class in the classification plan and recommend the starting salary to the County Administrator and County Commission if other than the minimum rate established for the class. Section 6. Substitute Appointments. The appointing authority may approve a substitute appointment of a county employee to fill temporarily a position with a higher classification. No such substitute appointment shall continue more than six months. If the employee serves in the substitute capacity for five working days or longer he shall be paid at the minimum rate of the pay grade assigned to the substitute position, or one pay step above his regular salary, whichever is higher. Section 7. Emergency and Provisional Appointments. The County Administrator or the appointing authority may approve emergency employment for not more than ninety days and provisional employment without open evaluation when there is no appropriate list available. No such provisional appointment

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shall continue longer than six months, nor shall successive provisional appointments be allowed except during the first year after the effective date of this Ordinance. Section 8. Probationary Period. All employees appointed to or promoted to permanent positions shall serve a probationary period of six months. Employees serving a probationary period following initial employment in a permanent position shall receive all benefits provided in accordance with this Ordinance with the following exceptions or as otherwise provided: 1. A full time employee may accumulate vacation leave but shall not be permitted to take vacation leave except as outlined in Article VI, Section 5. 2. The employee, if dismissed during the probationary period, shall not be eligible for terminal pay for accumulated vacation leave, nor shall he be entitled to exercise the right to appeal his dismissal. Employees serving a probationary period following a promotion shall continue to receive all benefits provided in accordance with this Ordinance and under supplementary rules and regulations, including the right of appeal, except that they may be demoted to their former positions without appeal rights. Before the end of the probationary period, the department heads shall indicate in writing to the Personnel Officer: 1. that he has discussed with the employee the employee's accomplishments, failure, strengths, and weaknesses; 2. whether the employee is performing satisfactory work; 3. whether the employee should be retained in the position; 4. whether the employee should be given a merit salary increase; 5. whether the employee, if a new appointee, should be discharged, or;

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6. whether the employee, if on probation following a promotion should be reinstated in his former class. A new appointee may be dismissed at any time during the probationary period if the appointing authority determines that the employee is incapable of doing his assigned duties satisfactorily. Following successful completion of the probationary period, employees shall be considered to be permanent career employees. Section 9. Separations. An employee may be separated from government service by any one of the eight different methods as described below: A. Resignation. To resign in good standing, an employee should give his department head or appointing authority at least fourteen calendar days prior notice. Normally failure to comply with this rule shall be entered on the employee's personnel records and may be grounds for refusal to reemploy. However, the departent head or appointing authority may exempt an employee who has given less that required notice if in his judgment exceptional circumstances warrant such exemption. B. Compulsory Resignation. An employee who, without valid reason, fails to report to work for three consecutive days without authorized leave shall be separated from the payroll and reported as a compulsory resignation. Such an employee may not be eligible for reemployment. C. Lay-Offs. Lay-off is the termination of employment of a merit system employee when, for any valid reason, it may be necessary to abolish one or more positions or reduce the number of employees in the county service. Lay-off does not reflect discredit upon the service of the employee. Prior to the lay-off the department head or appointing authority shall consider work records, employee evaluation ratings and length of service in determining which employees shall be laid off. The chief basis of the decision shall be the relative competence of the employees for the job that remains. In choosing between two employees, the employee most competent for the job that remains shall be retained. If it is found that two or more

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persons in the organizational unit in which lay-off is to be made have equal ratings, the order of lay-off shall be the last employee to enter the service shall be the first to be laid off. No permanent career employee shall be laid off while another person in classified position is employed on a temporary or part-time basis in the same class if the employee is willing to accept the temporary or part-time work. Permanent career employees shall be notified in writing at least fourteen calendar days prior to the effective date of lay-off. D. Disability. An appointing authority may direct any employee under his jurisdiction to be examined by a physician employed by the county. When a disability of any kind is discovered which impairs the effectiveness of an employee or makes his continuance on the job a danger to himself or other, one of the following actions shall be taken: 1. If the disability is correctable, a specified period of time shall be allowed for its correction. Failure to correct shall be grounds for disciplinary action or lay-off. 2. If in the opinion of the examining physician, the disability cannot be corrected, the appointing authority may place the employee in another position which he can perform satisfactorily, or take steps to separate the employee from government service through retirement or lay-off. E. Loss of Job Requirements. Any employee who is unable to do his job adequately because of loss of a necessary license or other requirement shall be separated by a lay-off or placed in another position for which he may be qualified. F. Dismissals. A permanent employee whose work is not satisfactory over a period of time shall be notified in what way his work is deficient and what he must do if his work is to be satisfactory. A permanent employee may be dismissed by his department head or appointing authority if he fails to perform work up to the standard of the classification which he holds or is guilty of any of the acts listed in Section 2, Article V. When an employee is discharged, the department head or appointing authority shall immediately provide the Personnel Officer and the

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discharged employee with a written notice of the discharge indicating the effective date and the specific reasons for the discharge. A permanent career employee shall be notified of his right of appeal as provided in Article V, Section 3. G. Death. When a permanent employee dies while in the classified service, his estate shall be eligible to receive the accumulated annual leave and other compensation due the deceased employee. H. Retirement. Provisions of any Retirement Resolution which may be adopted shall apply. Section 10. Reinstatement. An employee who has been separated because of reduction in force or who has resigned while in good standing shall be credited with his previously accrued sick leave if he is reinstated within five years. If the reinstated employee shall have continued to be a member of either Employees' Retirement System or the Peace Officers Benefit and Retirement Fund, he shall receive full credit for all accrued contributions to the time of his separation. ARTICLE V. DISCIPLINARY ACTIONS, APPEALS, GRIEVANCES Section 1. Types of Disciplinary Action. Except as otherwise provided by General Statutes of the State of Georgia, the following provisions shall govern disciplinary actions affecting employees in the classified service. An appointing authority, subject to the appeal rights of the employee stated herein, shall have the following alternatives for disciplinary action: A. Dismissals. See Article IV, Section 8, paragraph F. B. Suspension. The department head or the appointing authority may, for disciplinary purposes, suspend without pay any employee in his department for a length of time as he considers appropriate, not exceeding ten working days. A written statement specifically setting forth reasons for such suspension shall be furnished to the affected employee by his appointing authority and a copy filed with the Personnel Officer. An employee may be suspended for a longer period pending the investigation

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or trial of any charges against him. The fact that a person is acquitted of any charges or that the charges are dropped does not necessarily mean the suspension or other disciplinary action will be revoked. A permanent career employee shall be notified of his right of appeal as provided in Article V, Section 3. C. Demotions. The department head of the appointing authority may reduce the salary of an employee within the range provided in the Pay Plan or demote the employee for cause to a lower grade. A written statement of the reasons for any such action shall be furnished to the affected employee by his appointing authority and a copy filed with the Personnel Officer at least five days prior to the proposed effective date of the action. A permanent career employee shall be notified of his right of appeal as provided in Article V, Section 3. Section 2. Reasons for Disciplinary Actions. Listed below are some of the reasons which might be cause for disciplinary action referred to in this Ordinance, but disciplinary action is not limited to the offenses listed: 1. Insubordination, refusal to carry out legitimate work directives, or uncooperative attitude, tending to lower discipline and moral. 2. Failure to do work at an acceptable level of competence as determined by department head (may include excessive tardiness, lost time, or inefficiency). 3. Conviction of a felony or crime involving moral turpitude. 4. Inexcusable absence without leave. 5. Abuse or misuse of county property or vehicles. 6. Willfully giving false statements to supervisors, officials, the public, or boards. 7. Violation of county resolutions, administrative regulations or departmental rules.

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8. Drinking of alcholic beverages or use of illegal non-prescription drugs while working, or outside working hours in such a manner as to adversely affect attendance or job performance. 9. Discovery of a false statement in an application which had not been detected previously. 10. Acceptance of gratuities in conflict with Article 10. 11. Physical or mental disability which precludes satisfactory performance of duties or refusal to be examined by a county authorized, licensed physician when so directed. 12. Political activity in conflict with Article XIII. 13. Acts during or outside of duty hours which are incompatible with the public service. 14. Discourteous treatment of the public or other employees. Section 3. Appeals. A. Employees Eligible for Appeal. Any permanent-status career employee who has been demoted for cause, suspended, or dismissed shall have the right of appeal to the Board of Commissioners of Appling County. The employee or his authorized agent shall file such an appeal in writing, with the office of the Personnel Officer, within five work days of the effective date of such action and shall file a copy of such an appeal at the same time with his appointing authority. B. Time and Place of Hearing. The Appling County Board of Commissioners shall set a time and place for a hearing to be held not less than five or more than twenty working days after receipt of the request and shall notify the employee thereof. C. Hearing Procedures. Hearings shall be conducted informally and technical rules of evidence shall not apply. All testimony shall be under oath. A majority vote of the members of the Appling County Board of Commissioners shall be final. D. Notification of Results of Hearing. The affected employee

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shall be promptly notified in writing by the Personnel Officer of the final determination with respect to the disciplinary action. In the event the Appling County Board of Commissioners finds that the disciplinary action was not well founded, the affected employee shall be paid in full for such portion of time as he was unjustly suspended, reduced in pay, or removed. In the event that the disciplinary action taken was removal or reduction in pay, the employee affected shall be restored to his former position and pay status, or to a position in the same class and pay status. E. Rules for Conduct of Appeals. 1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. 2. The employee may request the assistance of another person of his own choosing in preparing and presenting his appeal to any level of review. 3. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate department head in conferring about and presenting the appeal. 4. Employees shall be assured freedom from reprisal for using the appeals or grievance procedures. Section 4. Grievances. A. Policy. It is the policy of the County Government to foster employee satisfaction and to give careful consideration and attention to any complaint. For the purposes of this rule, a grievance shall be considered to be any matter concerning an employee's status or conditions of employment for which appeal to the Appling County Board of Commissioners is not provided in these policies. B. General Procedures. 1. An employee may submit a complaint on a continuing condition or action at any time. For other specific one-time occurrances, the employee must submit the initial complaint within five work days from the date the matter arose. Otherwise it will not be accepted.

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2. An employee desiring to continue a grievance to a higher step must submit it within three work days after receiving the lower step decision, or within three work days after any management official fails to observe the time limits established by this procedure. Otherwise, the grievance will be cancelled. 3. If the employee complaint is the result of an action or decision of a management official above the first line supervisor, the initial complaint will be submitted to that person. 4. For each grievance a file will be maintained of all written material submitted by the employee or management for use at every step. 5. Rules for conduct of appeals listed under Section 3 E shall also apply to grievances. 6. Informal discussions and meetings will be held within three days from receipt of the complaint. Formal hearings will be held within 10 days from the date of the filing of written complaint or notice of appeal. 7. Written grievances must explain the complaint and what remedy is sought. 8. Employees cannot use this procedure to complain about any proper order, directive, regulation, policy, or administrative decision issued by any supervisor or management official who is acting within his delegated authority. If there is reasonable evidence that proper authority has been exceeded, this procedure may be used to challenge this issue. C. Informal Grievance Procedure. Step 1. An employee submitting a grievance for the first time must discuss it informally with the immediate supervisor unless the complaint resulted from an action of a higher level manager. The employee will be given an oral decision within three days after the discussion. Step 2. If the employee is not satisfied with the decision in Step 1, or the supervisor fails to comply with the time limits established in this procedure, the employee may continue the

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grievance by discussing it with his supervisor's immediate superior, if any, in the administrative service. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee is not in agreement with the decision reached by informal discussion, he shall then have the right to file a formal grievance in writing within five work days after receiving the informal decision or decisions. D. Formal Grievance Procedure. If the employee is not in agreement with the decision reached under the informal grievance procedure, he may present his complaint in writing to his department head. The department head shall discuss the grievance with the employee, his representative, if any and with other appropriate persons. The department head shall render his decision and comments in writing, and return them to the employee within five work days after receiving the appeal. The decision of the department head shall be final, except in those cases outlined in Section III of this Article. ARTICLE VI. ATTENDANCE AND LEAVE Section 1. Hours of Work. The work week for full-time employees in the career service shall be established by the appointing authority, and shall be the same for all persons occupying full-time positions in the same class under the same conditions. The work schedules for each department shall be established by the department head or appointing authority. For pay purposes, the normal work week shall be 40 hours per week, except for Jailer - Dispatchers, Sheriff's Deputies and Emergency Medical Technicians. Section 2. Attendance. Each department head shall be responsible for the punctual attendance of all employees under his administrative supervision and shall keep such attendance records as shall be required by the Appling County Board of Commissioners. Leave shall be authorized in units of days or hours only. Section 3. Overtime. Supervisors shall arrange the work

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schedules of their employees so as to accomplish the required work within the standard work day. Employees shall be required to work overtime only in emergencies, and the supervisor may order extensive overtime only with the prior approval of the County Administrator. Overtime work shall be considered work performed by an employee at the direction of a department head or his authorized representative which exceeds the regularly scheduled work week. Overtime shall be straight time for overtime worked at the employee's regular rate of pay. Section 4. Holidays. A. General Policy: Holidays Designated. It shall be the policy of the County to insure that all permanent full-time employees enjoy the same number of holidays each year. In order to achieve this end, seven eight-hour working days' leave shall be added to the vacation leave for each full-time permanent employee working on a shift basis. All other full-time permanent employees shall be eligible for holiday leave for the following days: New Year's Day, Independance Day, Labor Day, Thanksgiving (2 days) and Christmas (2 days). Permanent employees working less than full-time shall also be eligible to the above named holidays with pay for their regular number of hours at their regular rate of pay. In order to receive pay for an observed holiday, an employee must not have been absent without leave on either the work day immediately before or the work day immediately after the holiday. B. Official Holiday Which Falls on Saturday or Sunday. When a holiday falls on Saturday or Sunday, the Board of Commissioners shall designate another day in lieu of the holiday. Section 5. Annual (Vacation). A. Persons Entitled. All permanent employees, working full or part-time, and career employees serving temporarily in substitute or acting capacities, are eligible to accrue vacation leave as outlined in C below. Temporary, seasonal and other part-time or substitute employees are not eligible for vacation leave. B. Accrual of Vacation Leave. Full time eligible employees shall accrue vacation leave as follows: Hourly wage employees accrue 40 hours leave time in each year beginning with the first day of employment and accumulating at the rate of 3 [UNK]

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hours per month over the twelve month period. Salaried employees accrue ten days of leave time in each year beginning with the first day of employment and accumulating at the rate of 5/6 of a day per month over the twelve month period. Vacation time may be used only after six months of continuous employment. Should an employee quit or be discharged prior to completion of six months continuous employment he shall not be deemed to have accumulated compensable time off and shall receive no pay for leave time accrued and not taken. Subsequent to six months of continuous service to the county, an employee shall be paid for accumulated and unused Annual leave time should he or she leave the employ of the county for what ever reason. Annual leave time may be accumulated in amounts up to 80 hours by hourly employees and up to 30 days by salaried employees. A department head may authorize straight time pay in lieu of annual leave if departmental work requirements prohibit granting or part or all of the employee's annual leave. With prior approval of the Council Commissioners a department may cease operations completely for a period of time so as to allow all employees of that department to take annual leave at the same time. An employee may take paid annual leave only in the amounts accrued to his account. However, if the employees' job performance and job retention prospects are good then the department head may authorize the advance to that employee of annual leave time providing the total time earned and advanced does not exceed one year's accrual. Employees shall be charged with one-half-day unpaid annual leave for each day's unauthorized absence from work. Authorized leave shall be as follows: paid holidays, approved sick leave, court duty and other leave approved by the appropriate department head or the County Commissioners. Employees working 24 hour duty days shall be charged two leave days for each duty day taken. For purposes of this section, sheriff department employees are construed as being entitled to annual leave equal to one-week's normal work or six days. This will accumulate at the rate of one half day per month. For purposes of maintaining records all leave time shall be expressed in hours with 8 hours being considered as the normal work day regardless on number of hours actually worked. Annual leave pay is to be calculated in the same manner. C. Time for Using Vacation Leave. Vacation leave assignments

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will be made in accordance with the preference of the employee where possible; however, leave must be taken at the convenience of the department, and the department head's decision as to when leave may or may not be taken will be final. Seniority will be a major factor when preparing leave schedules. Section 6. Sick Leave. A. Sick Leave Defined. Sick leave is paid leave that may be granted to each eligible employee who, through sickness or injury, becomes incapacitated to a degree that makes it impossible for him to perform the duties of his position, who is quarantined by a physician because he has been exposed to a contagious disease, or for medical, dental, or optical examination or treatment. Up to three days' sick leave per year may be used for emergency personal leave if specifically approved by the appropriate department head. B. Persons Entitled. All permanent employees, working full or part-time, and career employees serving temporarily in substitute or acting capacities, are eligible to accrue sick leave as outlined in D below. Temporary, seasonal, and other partime or substitute employees are not eligible for sick leave. C. Sick Leave for On-the-Job Injury. An employee who sustains an injury on the job must at the time of the injury or as soon as possible thereafter notify the supervisor on the form provided. The Personnel Officer shall review the case and make his recommendations for the appropriate compensation. If the injury necessitates the employee's absence from work the employee shall be paid his regular salary for two pay periods (four weeks), but must turn in the portion or Workmen's Compensation paid for salary compensation as soon as received. For absences of more than four weeks, the employee will be paid only that amount paid by Workmen's Compensation for time in excess of that first four weeks. D. Accrual of Sick Leave. Full-time eligible employees shall accrue sick leave at the rate of one eight-hour working day per month, or major portion thereof, for a total of twelve such days per year. If unused, up to ten day's sick leave may be carried over each year and added to previously accumulated sick leave. Sick leave may be accumulated up to 60 days at the rate of no more than ten days per year. Permanent employees working

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less than full-time shall have their sick leave reduced proportionately as their normal hours of work are to the 40-hour work week. Sick leave time shall accrue from the date of employment, but no employee shall be entitled to receive sick leave time until he shall have completed ninety days of service. An employee who has taken sixteen or more calendar days sick leave with or without pay in one month shall not earn sick leave credit for that month. For purposes of accumulating sick leave, full-time employees of all departments shall be considered to be working a 40-hour week, a week so designated by the department head. Employees working 24-hour duty calls shall be charged two leave days for each duty day taken. E. Reporting of Sick Leave. An employee who is absent from work because of illness is responsible for reporting to the appropriate supervisor or department head within two hours after the designated reporting time on the day of absence, and will be expected to keep his supervisor or department head informed of his progress on a regular basis; such leave will be charged against sick leave. Where a relief employee is required in a department which must provide 24 hours sustained service, the employee must report his absence two hours before the designated reporting time. In the event of failure of compliance with this provision, the employee will be charged on the payroll with leave without pay. F. Use of Sick Leave. Sick leave is not to be considered a right which an employee may use at his discretion, but a privilege not to be abused. Department heads who feel an employee is abusing the sick leave privilege may require the employee to furnish a doctor's certificate for each period or absence regardless of the provisions of G below. G. Doctor's Certificate. When sick leave with pay exceeds three consecutive working day the department head or appointing authority may require presentation of a written statement by a licensed physician, or dentist, certifying that the employee's condition prevented him from performing the duties of his position. H. Sick Leave on Termination of Employment. An employee, upon separation from the county service, shall not receive

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payment for accumulated sick leave. Section 7. Military Leave. Military leave shall be considered to be leave without pay and all the rules, procedures, and rights outlined in Section X of this Ordinance shall apply. Section 8. Civil Leave. Any employee shall be given necessary time off without loss of pay when performing jury duty or when required by proper authority to be a witness in legal proceedings, provided such call to duty is reported in advance to the individual's department head. In order to receive regular pay, the employee must return to work within a reasonable period of time when not required to be present by the Judge. Section 9. Maternity Leave. Maternity leave shall be granted to merit system employees upon written request filed by the employee at least two weeks prior to effective date (unless emergency conditions prohibit the filing of such prior notice, in which case it shall be filed as soon as possible). Time for beginning of maternity leave shall be when the employee, with the approval of her doctor, deems she is no longer able to carry out the duties and responsibilities of her position. Time for termination of maternity leave shall be when the employee's doctor certifies that she is able to return to work. Maternity leave shall consist of the following: Use of any accumulated sick and annual leave, at the expiration of which permanent-status career employees may apply to the Department Head for leave without pay as prescribed in Section 10 of this Article. Re-employment rights available to employees granted leave without pay shall apply to employee granted leave without pay because of pregnancy and childbirth. Section 10. Leave Without Pay. A. Leave Without Pay Defined. When it is deemed in the best interest of the County service, a permanent status career employee may be granted leave without pay for personal or other reason, provided such leave is approved by the department head. Non-career employees are not eligible for grants for leave without pay. B. easons for Granting. The County Commission, on recommendation of the County Administrator and the Department Head, may grant leave without pay for a period not to exceed

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one year, when it is deemed to be in the best interest of the County. Valid reasons shall include, but not be confined to, the following: prolonged illness or disability of the employee or a member of the employee's household, educational or training enrichment, pregnancy and childbirth, and military service. C. Procedure for Requesting Leave Without Pay. Application for leave without pay shall be submitted in writing in advance showing the employee's reason for requesting such leave and shall contain a statement that he intends to return to the county service upon expiration of such leave, and he agrees to the terms and conditions as outlined in these Policies. In emergency situations, when an employee does not have accrued leave and is unable to return to work as scheduled as a result of illness or emergency reasons, his department head may approve the granting of leave without pay without prior application by the employee, or the Personnel Officer may investigate and make such recommendations in the absence of the department head. D. Temporary Filling of Positions of Employee on Leave Without Pay. During the employee's approved leave of absence, his position may be filled by temporary appointment or substitution. At the expiration of leave without pay, the employee (subject to E below) shall be reinstated in his former position without loss of status or benefits. E. Rights of Employee on Leave Without Pay. 1. Reinstatement to Former Position. Employees granted leave without pay not exceeding two calendar months shall be entitled to reinstatement in their former positions. For employees granted leave without pay exceeding two calendar months, every effort will be made to return the employee to his former position or to a comparable one. He shall be listed on reemployment lists in the same manner as employees who are laid off in good standing. 2. Continuity of Service. Employees granted leave without pay shall not be considered to have effected a break in service except as outlined below:

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a. In the case of probational status employee (from promotional appointment), the effective date of the end of the probationary period shall be adjusted month for month for each month he is on leave without pay. b. For purposes of Retirement benefits for eligible employees, breaks in service shall be as defined in the Retirement Resolution. c. Continuation of Insurance benefits for eligible employees during the time the employee is on leave without pay shall be in accordance with the provisions of employee group insurance contracts, and providing that such employees reimburse the county for the cost of premiums on such insurance during the leave period. d. Employees granted leave without pay under this policy shall not accrue sick and annual leave while in leave status. However, any sick leave accrued at the time leave is granted shall be continued upon return to duty. Any employee who fails to return to duty and is terminated shall forfeit any sick leave that had been accumulated. ARTICLE VII. EMPLOYEE DEVELOPMENT Section 1. In-Service Training. The Department Head shall be responsible for fostering and promoting in-service training of employees for the purpose of improving the quality of service and to assist employees in preparing themselves for advancement. Section 2. Educational Enrichment. Upon the recommendation of the County Administrator and the approval of the Appling County Board of Commissioners, an employee may receive payment for the cost of tuition and books for any job retaken during employee-off-duty hours unless it is necessary training for the job which is specifically approved by the County Administrator. In case of necessary training for the job which involves travel, the County Administrator may also approve compensation based on regular county travel policies. Section 3. Retirement System. Provisions for Retirement

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System for county employees shall be as outlined in any Retirement Ordinance or Resolution passed or amended by the Board of Commissioners of Appling County. Section 4. Insurance Benefits. Provisions for group insurance and group medical coverage for employees shall be as outlined in existing group contracts and plans, or as they may be amended. Section 5. Uniforms and Equipment. Uniforms for Sheriff's department employees and such other employees as the Board of County Commissioners may authorize may be furnished. Equipment deemed essential to job performance may also be furnished if authorized by the Board of County Commissioners. ARTICLE VIII. RECORDS AND REPORTS Section 1. Records Open to Public. All personnel records, except examination, employee performance reports, personnel histories, and such others as may be specified in these rules or by action of the Personnel Officer as confidential, shall be public records and shall be open for public inspection during office hours and reasonable times in accordance with such procedures as the Personnel Officer may prescribe. Section 2. Establishment and Retention of Records. There shall be established and maintained such personnel records as the Appling County Board of Commissioners deems necessary for the administration of the merit system. The Personnel Officer, with the approval of the Appling County Board of Commissioners, shall prescribe the form and scope of these records. When not in conflict with state or federal laws, the County Commissioners shall determine the time limit that personnel records shall be kept on file, and shall determine the final disposition of such records. Section 3. Employee Performance Reports. Immediate supervisors shall initiate performance reports in such form and at such times as directed by the County Administrator. Performance reports shall be reviewed and approved by the department head, the County Administrator and the Board of Commissioners

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prior to the granting of merit increases. Reports of substandard performance shall be reviewed and signed by affected employees prior to their submission to the Appling County Board of Commissioners. ARTICLE IX. OUTSIDE EMPLOYMENT No employee shall engage in any other employment or in any private business, or in the conduct of a profession, during the hours for which he is employed to work for the county, or outside such hours in a manner or to an extent that effects or is deemed likely to affect his usefulness as an employee of the county. Toward this end, all outside employment must be reported to and approved by the employee's department head. ARTICLE X. ACCEPTANCE OF GIFTS AND GRATUITIES An employee shall not accept gifts, kick-backs, tips, gratuities or loans from organizations, business concerns, or individuals with whom he has official relationships on business of the county government. These limitations do not apply to articles of negligible value nor loans from regular lending institutions, nor shall they prohibit employees from accepting social courtesies which promote good public relations. It is particularly important, however, that inspectors, contracting or procurement officers, and enforcement officers guard against relationship which might be construed as evidence of favoritism, coercion, unfair advantage, or collusion. ARTICLE XI. USE OF COUNTY VEHICLES Employees driving county vehicles are required to have such driver's licenses for the vehicles being driven as is required by Georgia state law, irrespective of whether the employee drives the vehicle on regular, occasional of other basis, and whether or not this requirement is included or omitted in the description of the class to which the employee was appointed. Violation citations, fines, or other actions taken by any police jurisdiction against any employee while driving a county vehicle in violation of this rule shall be the responsibility of the employee and may be cause for disciplinary action. Any misusing or abusing county

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vehicles, using a county vehicle for other than approved purposes, or taking a vehicle home when not approved by the appointing authority or the County Administrator shall be subject to appropriate disciplinary action, including dismissal if deemed appropriate. ARTICLE XII. AGREEMENTS AUTHORIZED A. The government is authorized and empowered to enter into reciprocal agreements, upon such items as may be agreed upon, for the use of equipment, materials, facilities, and services with any public agency or body for purposes deemed of benefit to the public personnel system. B. The personnel officer, acting in behalf of the Appling County Board of Commissioners may cooperate with other governmental agencies charged with public personnel administration in conducting personnel tests, recruiting personnel, training personnel, establishing lists from which eligibles shall be certified for appointment and for the interchange of personnel and their benefits. ARTICLE XIII. POLITICAL ACTIVITIES A. No Appling County employee in the career service shall offer for or hold any elective public office with the exception of county school board member nor shall he give or solicit any contributions or assessments, or publicly endorse any candidate for any city or county office. B. Nothing herein contained shall affect the right of an employee to contribute to, hold membership in, serve as an officer of, or support a political party, to vote as he chooses, to support or campaign for privately his opinions on all political subjects and candidates, to maintain political neutrality or to attend political meetings. ARTICLE XIV. UNLAWFUL ACTS PROHIBITED A. No person shall make any false statements, certificates, mark or reports with regard to any test, certification, or

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appointment made under any provision of this law or in any matter commit or attempt to commit any fraud preventing the impartial execution of this law and policies. B. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service, or other valuable consideration for any appointment, proposed appointment, promotion, or proposed promotion to, or any advantage in, a position in the career service. C. No employee of personnel department, examiner, or other person shall defeat, deceive or abstruct any person in his right under the law, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the career service. ARTICLE XV. PENALTIES Any person who willfully violates any provision of this Ordinance or of the personnel policies established thereunder may, upon action of the proper authority as outlined in the Personnel Policies, have one of the following judgments rendered: 1. Dismissal from government service. 2. Demotion in rank or grade. 3. Suspension for a period of time not to exceed thirty days. 4. Ineligibility for appointment to or employment in a position in the government service for a period of time or indefinitely. ARTICLE XVI. STATUS OF PRESENT EMPLOYEES Employees holding positions in the career service herein for six months or more immediately prior to the adoption of this ordinance shall be continued in their respective positions without further examination, until separated from their positions as provided by law. Those holding positions for less than six months immediately prior to the adoption of this law shall serve a probationary period of ninety days. Those who shall have failed to qualify as provided herein shall be dismissed from their

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positions within 30 days after establishment of an eligible list for their respective positions. ARTICLE XVII. SEPARABILITY If any provision of this law, or if any policy or other thereunder, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this law, and the application of such provision of this law of such policy, or order to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. ARTICLE XVIII. REPEALER Any ordinances or rules and regulations previously adopted by Appling County which may be in conflict with this act are hereby repealed. ARTICLE XIX. OFFICIAL COPY The official copy of this Ordinance and of the Personnel Policies shall be attested by, and placed upon file with the Appling County Board of Commissioners. ARTICLE XX. EFFECTIVE DATE This Ordinance shall take effect immediately upon enactment. ARTICLE XXI. ENACTMENT At a regular meeting of the Board of Commissioners of Appling County held on the 4th day of December, 1980 this Ordinance entitled THE PERSONNEL MANAGEMENT ORDINANCE OF APPLING COUNTY, having been read at two regular consecutive meetings and properly published in the official organ of Appling County, on motion made and seconded is adopted and ordained as an ordinance of Appling County pursuant to the County Home Rule Laws, Article 9, Section 2, Paragraph 1 of the GEORGIA CONSTITUTION OF 1976. /s/ Norman Hollis Chairman
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Attest: /s/ John R. Windham Clerk State of Georgia, County of Appling I, Max Gardner, Editor and Publisher of THE BAXLEY NEWS BANNER, certify that the following synopsis of the Personnel Management Ordinance of Appling County, Georgia, was published in THE BAXLEY NEWS BANNER on November 6, 13, 20 and 27, 1980. Date 12-2-80 /s/ Max Gardner Editor and Publisher The Baxley News Banner Attest /s/ Helen Gardner NOTICE OF INTENT TO ADOPT A LOCAL ORDINANCE The Appling County Board of Commissioners intends to adopt an ordinance entitled The Personnel Management Ordinance of Appling County. First reading of this Ordinance was made at a regular meeting of the Appling County Board of Commissioners held on November 4, 1980. The second reading and enactment will take place at the regular meeting in December, 1980. The complete Ordinance is available for review during normal business hours at the office of the Clerk of Superior Court for Appling County, Courthouse Annex, Baxley, Georgia and at the offices of the Appling County Board of Commissioners, 100 Oak Street, Baxley, Georgia. A synopsis of the Ordinance appears below. The Personnel Management Ordinance of Appling County A Synopsis This Ordinance governs the appointment, classification, salary, promotion, demotion, dismissal, and conditions of employment of the employees of Appling County. The personnel system established by this Ordinance is consistent

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with merit principles so as to assure: Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills; Providing equitable and adequate compensation; Training; Retaining or separating employees on the basis of their performance; Assuring fair treatment without regard to political affiliation, race, color, national origin, sex or religion; Assuring that employees are protected against coercion for partisan political purposes. Basic responsibility for administration of this Ordinance is with the County Commissioners and provisions is made for the appointment of a personnel officer. The Constitutional Officers are designated as appointing authorities for their employees within the limitations of the budget. The County Commission is the appointing authority for all other employees. The Ordinance provides for a Classification Plan, Salary Plan and the administration there of. Methods and procedures of application, appointment, probation, separation and reinstatement are also provided. Disciplinary actions, appeals and grievances are described and provided for as well as is attendance and release time. This Ordinance will be adopted pursuant to the provisions of the County Home Rule Laws, Article 9, Section 2, Paragraph 1 of Georgia Constitution of 1976. Appling County Board of Commissioners John Windham, County Administrator-Clerk 11-27C I, John R. Windham, Clerk of Appling County Board of Commissioners, am the person charged with keeping the minutes of said Board meetings and I certify that the attached twenty-four (24) pages of manuscript entitled THE PERSONNEL MANAGEMENT ORDINANCE OF APPLING COUNTY was adopted by the Board in a regular meeting held on December 4,

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1980. /s/ John R. Windham Clerk 12/5/80 Filed in the Office of Secretary of State December 8, 1980. APPLING COUNTYFINANCIAL MANAGEMENT. Be it ordained by the Board of Commissioners of Appling County, Georgia that the following financial management policies be adopted as an Ordinance of Appling County for the purposes herein after set forth. ARTICLE I. PURPOSE The purpose of this ordinance, to be known as THE FINANCIAL MANAGEMENT ORDINANCE OF APPLING COUNTY, is to provide for a system of financial administration, accounting, fiscal and budgetary control which conforms to generally accepted accounting practices. ARTICLE II. RESPONSIBILITY The responsibility for the proper execution of the provisions of this Financial Management Ordinance shall be with the County Administrator except where the responsibility is explicitly given to the governing authority. ARTICLE III. DEFINITIONS ACCRUAL BASIS. The basis of accounting under which revenues are recorded when earned or when levies are made, and expenditures are recorded as soon as they result in liabilities, notwithstanding that the receipt of the revenue or payment of the expenditure may take place, in whole or in part, in another

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accounting period. APPROPRIATION. An authorization granted by the Board of Commissioners to make expenditures or to incur obligations for specific purposes. APPROPRIATION BALANCE. Unencumbered balance of appropriation or allotment, and unexpended balance of appropriation or allotment. ASSETS. Property of all kinds of a government, including both current assets and fixed assets. AUDIT. The examination of records, documents, reports, systems of internal control, accounting and financial procedures, and other evidence for one or more of the following purposes: (a) To ascertain the statements prepared from the accounts present fairly the financial position and the results of financial operations of the constituent funds and balanced account groups of the governmental unit in accordance with generally accepted accounting principles applicable to governmental units and on a basis consistent with that of the preceding year; (b) To determine the propriety, legality, and mathematical accuracy of a governmental unit's financial transactions; (c) To ascertain whether all financial transactions have been properly recorded; and (d) To ascertain the stewardship of public officials who handle and are responsible for the financial resources of a governmental unit. BALANCE SHEET. A statement ordinarily prepared from books kept by double entry showing assets, liabilities, reserves and surplus of a fund of a governmental unit at a specified date properly classified to exhibit financial position of the fund or unit at that date. BUDGET. A plan of financial operation embodying an estimate or proposed expenditures for a given time and the proposed

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means of financing them. The Annual Budget refers to a period of one year. BUDGETARY CONTROL. The control or management of a governmental unit in accordance with an approved budget and keeping expenditures within the limitations of available appropriations or revenues. CASH BASIS. The system of accounting under which revenues are accounted for only when received in cash, and expenditures are accounted for only when paid. CONTINGENT ACCOUNT. An appropriation to provide for unforeseen expenditures. CURRENT SURPLUS. The excess of the current assets of a fund over its current liabilities and reserves. DEBIT AND CREDIT. Terms commonly used to indicate the manner in which a transaction is to be recorded. Every entry on the left side of the ledger sheet is called a debit. Every entry on the right side of the ledger sheet is called a credit. DEBT SERVICE. The amount of money necessary annually to pay the interest on the outstanding debt and the principal of maturing bonded debt not payable from a sinking fund and to provide a fund for the redemption of bonds payable from a sinking fund. DELINQUENT TAXES. Taxes remaining unpaid on and after the date on which a penalty for nonpayment is attached. Even though the penalty may be abated or canceled, the unpaid balances continue to be delinquent taxes until abated, canceled, or converted into tax liens. ENCUMBERANCES. Obligations in the form of purchase orders, contracts or salary commitments which are chargeable to an appropriation and for which a part of the appropriation is reserved. FUND. A sum of money or other resources (gross or net) set

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aside for the purpose of carrying on specific activities or to attain certain objectives in accordance with special regulations, restriction, or limitations. A fund is a distinct financial and legal entity. INTERNAL AUDIT. An audit made by persons on the staff on the governmental unit whose accounts are being audited primarily for the purpose of internal control. Note: An internal audit is usually a continuous audit. LIABILITIES. Liabilities are debts owned. MILLAGE. A term used to express the property tax rate: Derived from the term mill, which is 1 tenth of a cent. Thus, 10 mills equal one cent or 1%. 0.001 = 1 mill or 1/10 cent 0.010 = 10 mills or 1 cent = 1% 0.100 = 100 mills or 10 cents = 10% Millage is determined by dividing the Total amount of money to be raised by the Total assessed value of the County. TAXES RECEIVABLE. The uncollected portion of taxes which a governmental unit has levied. TRUST FUNDS. Amounts received or appropriated and held in trust in accordance with an agreement or legislative act which may be expended only in accordance with the terms of such trust or act. ARTICLE IV. FISCAL YEAR The Fiscal Year shall begin on January 1st and shall end on December 31st. ARTICLE V. BUDGET Paragraph 1: An annual budget will be adopted by the Board of Commissioners prior to the first day of the fiscal year. However, if for good and sufficient reasons the budget cannot be

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adopted by the first day of the fiscal year, the budget shall be adopted not later than 60 days subsequent thereto. If the budget is not adopted prior to the beginning of the fiscal year, a resolution authorizing the continuation of necessary and essential expenditures to operate the county shall be adopted prior to any actual expenditure. The proposed budget shall be prepared by the County Administrator and transmitted to the Board for its review a minimum of thirty days before the required date of adoption. The budget shall also be balanced. Paragraph 2: (a) The Chairman of the Commission shall name two members of the Board of Commissioners to assist and advise the County Administrator in the preparation of the budget. The three persons shall constitute a budget commission. (b) The budget commission will receive departmental, officer's and agency budget requests for the next fiscal year. These requests must be prepared and transmitted to the budget commission by October 1st of each year. The format of the submission will be as prescribed by the budget commission. (c) Subsequent to receipt of the budget requests and prior to November 1st, the budget commission will hold departmental budget hearings. There will be one hearing for each requesting department, office or agency. At this hearing the requestor will by oral or written statement explain operational plans and changes from current or previous years' experience. Records will be kept of this hearing but the purpose of the hearing will be to develop an understanding between the participants as to the reasoning behind the budget requests. To this end, courteous and informal questions, answers and discussion will be encouraged. (d) The schedule of these hearings may be published. Adequate provision for citizens' comments on the budget will be provided at a specific time. Citizens may attend departmental hearings but comment and discussion will be limited to the budget commission and the requesting body at this time. (e) Within the month of October, the budget commission will hold a special hearing for possible uses of General Revenue Sharing Entitlement Funds. This hearing will be held at least 7

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days prior to preparing the budget and advertised at least 10 days prior to the hearing. The hearing will be held at night and every reasonable effort will be made to encourage attendance and participation by all citizens with particular emphasis on the attendance of the elderly. (f) After departmental and General Revenue Sharing hearings have been held, the County Administrator, with the assistance of the other members of the budget commission, will prepare and transmit the proposed budget to the Board of Commissioners. The proposed budget will be published in summary form with the relationship of General Revenue Sharing Entitlement Funds to the budget displayed. A public hearing providing for oral and written statements from interested citizens will be held by the full Board of Commissioners prior to adoption. This hearng must be advertised at least 10 days prior to the hearing. (g) The Appling County Board of Commissioners will reserve to themselves final decision on the budget and its provisions. However, the enactment of the budget must be consistent with Paragraph 1 of this Article. (h) Adoption of the budget shall be accomplished by the approval of a budget resolution which specifies the anticipated revenues by appropriate categories and the appropriated expenditures for each department, office or agency covered by the budget. Amendments to the budget shall be by resolution. Paragraph 3: The County Administrator shall present the statement of anticipated revenues on the basis of ordinary and reasonable revenues which can be expected for the fiscal year. Property tax revenue shall be based on the anticipated tax digest, less a stated discount for delinquent taxes based on experience for the three prior years, plus a stated amount of delinquent taxes, including penalties and interest, to be collected in the fiscal year based on experience for the three prior years. Paragraph 4: Request for acquisition of equipment with anticipated life of more than three years or anticipated cost of more than $300.00 must be made and justified within operating budgets. Proposals for capital construction projects must be

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made and justified separately from operating budget. Paragraph 5: Any agency, authority or entity requesting part of its operating funds from the County, as precondition of approval, will be required to submit a budget showing the relationship of county funds to relevant line item of recipient's budget and agree to submit to audit by outside independent auditors approved or provided by the County. The audit report shall examine the actual use of county funds as compared to the uses as proposed by the requesting agency or entity. Where the County's participation is less than $5,000.00 the Board of Commissioners may agree to substitute internal audit by county personnel for outside auditors. Paragraph 6: No expenditures in any fund shall be legal or proper unless appropriations adequate to meet that expenditure have been made in the budget. Paragraph 7: No expenditure of county funds from whatever source may be made for a non-public purpose except that federal grant funds and local funds used as match may be used for approved relocation assistance to home owners, tenants and businesses when said relocation is in the public interest. Paragraph 8: Any increase in appropriation in a departmental expense category whether accomplished through a change in anticipated revenues or through a transfer of appropriations among departments or nondepartmental expense, shall require the approval by resolution of the Board of Commissioners. The transfers of appropriations among the various line items of a departmental budget or nondepartmental expense shall require only the approval of the County Administrator. However, no transfer within a departmental budget affecting the salary appropriation whether increase or decrease shall be accomplished without approval of the Board of Commissioners. Paragraph 9: No appropriation transfer from a sinking fund or debt retirement fund shall be made until all legal obligations and requirements of such funds have been satisfied. Paragraph 10: All appropriations which are not obligated at the end of the fiscal year shall lapse and shall become a part of

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the planned and unencumbered surplus which may be appropriated for the next fiscal year. Paragraph 11: A department, if it desires, may submit a planned statement of cash flow. In lieu of such submission the County Administrator will anticipate that 1/12 of the annual appropriation will be spent or encumbered each month. Actual cumulative expenditures by department or nondepartment expense category must be within 80% and 110% of anticipated cumulative monthly expenditures for the first nine months of the fiscal year. During the last three months of the fiscal year, cumulative expenditures must be within 95% and 100% of planned cumulative totals. After the first six months, any amount underspent (below 80%) will automatically reduce the appropriation and that amount will be added to the planned surplus. Any amount over spent will be allowed up to 100% of the total appropriation. No expenditures beyond the appropriation may be approved without a formal budget amendment. With good and sufficient reason the County Administrator may extend the cumulative limitations but in no instance may the total appropriation be exceeded. Paragraph 12: The Board of Commissioners may direct the Financial Management Office to prepare regulations consistent with this Article and to provide for the orderly enforcement and implementation of its provisions. On approval of the Board of Commissioners such regulations shall become effective in 30 days. ARTICLE VI. ACCOUNTING Paragraph 1: The following funds may be established and shall be used as necessary to provide the proper accounting of all financial activities of this County. (a) The General Fund to account for the general government operations and all financial transactions not properly accounted for in another fund. (b) Special Revenue Funds to account for the proceeds of special revenue sources, other than special assessment, or to finance specified activities as required by law or administrative

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regulation. (c) Debt Service Funds to account for the payment of interest and principal on long term debt other than special assessment and revenue bonds. (d) Fixed Assets and Capital Projects to account for the receipt and disbursement of monies including bond funds used for acquisition of equipment or capital facilities other than those financed by special assessment and enterprise funds. (e) Enterprise Utility Funds to account for the financing of services to the general public where all or most of the costs involved are paid in the form of charges by users of such services. (f) Trust and Agency Funds to account for assets held by a governmental unit as trustee or agent for individuals, private organizations, and other governmental units. (g) Intergovernmental Service Funds to account for the financing of special activities and services performed by a designated organization unit within the same governmental jurisdiction. (h) Special Assessment Funds to account for special assessments levied to finance public improvements or services deemed to benefit the properties against which the assessments are levied. Paragraph 2: A complete self-balancing group of accounts shall be established and maintained for each fund used. This group of accounts shall include all general ledger accounts and subsidiary records necessary to reflect compliance with legal provisions and to set forth the financial position and the results of financial operations of the fund. In order to reflect the true fiscal position of each account and to prove compliance with legal provisions each fund should be self-balancing. This means that the double-entry system of bookkeeping should be used. For each account debited there is an offsetting credit and vice-versa. The total of the credits and debits must equal each other. The double-entry system provides a basis for checking the accuracy

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of the information recorded to the accounts. Paragraph 3: Additional Accounts, as follows, may be maintained: (a) A fixed assets account for the purpose of accounting for those assets which (1) are of a tangible nature; (2) Have a life longer than three years; and (3) Have a value greater than $300.00. Fixed assets shall be removed from the account when disposed of. (b) A general long term debt account for the purpose of accounting for long term debt which is supported by general revenues and for recording and fairly representing the liability for long term debt at any time from date of issuance until the debt is retired. In order to be recorded as a fixed asset, the item must meet the three criteria in Paragraph 3a of this Article. Paragraph 4: To extent possible, the modified accrual basis of accounting shall be used so that expenditures, other than accrued interest on long term debt, are recorded at the time liabilities are incurred and revenues are recorded when cash is received, except for material or available revenues which shall be accrued to reflect properly the taxes levied and the revenues earned. All receipts and disbursements shall be posted promptly and at least on a monthly basis. To the extent possible, all interfund transfers shall be cleared by the end of the fiscal year. Paragraph 5: Financial statements and reports showing the current conditions of budgetary accounts shall be prepared and presented to the governing authority at least every three months. Not later than three months after the close of the fiscal year, a comprehensive annual financial report covering all funds and financial operations shall be prepared and published. A summary of this report, containing at least a statement of revenues and expenditures as of the close of the preceding fiscal year and the combined balance sheet for all funds and account groups, will be published in a newspaper of general circulation in the county.

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Paragraph 6: All the funds, accounts and financial transactions of the County shall be subjected to an annual audit by an independent Certified Public Accountant who is to be selected by the governing authority of the County. The audit shall be conducted according to the standards set forth in the American Institute of Certified Public Accountant's Publication, Audits of State and Local Governmental Units. ARTICLE VII. PURCHASING Paragraph 1: The Board of Commissioners of Appling County shall designate the County Administrator as the Chief Purchasing Officer (CPO). The limit of the CPO's authority to approve purchases shall be set by the Commissioners. The CPO may appoint a subordinate purchasing officer with authority to approve purchases not to exceed $100.00. The CPO may also designate a purchasing clerk with no approval authority within the limitations of budget appropriations. Paragraph 2: The Chief Purchasing Officer and the subordinate purchasing officer shall have the authority and it shall be their duty: (a) To purchase or contract for, within the limitations of the law and in accordance with the regulations adopted by the Board of Commissioners, all supplies, materials, equipment, and contractual services which have been requisitioned and authorized by any department or agency which derives the major portion of its financial support from the County. (b) To purchase or procure for the County materials, supplies, equipment, and contractual services from the lowest and best bidder meeting the specifications. (c) To sell or dispose of any County property which has become unusable or obsolete in accordance with this resolution and any rules, regulations, or other resolutions adopted by the commission. Paragraph 3: All purchases in excess of the approval authority

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of the Chief Purchasing Officer must be approved by the Board of Commissioners. Paragraph 4: The Chief Purchasing Officer must informally seek three bids of all purchases in excess of $1,000.00. Failing to secure three bids, the CPO must be able to show that he made a good faith effort to obtain the same. All purchases or contracts in excess of $5,000.00 must be formally advertised and bid. The Chief Purchasing Officer may utilize State Contracts Purchasing in lieu of bid procedures or an additional bidder. Paragraph 5: Sole source purchases may be accomplished when the vendor of goods or provider of services is: (a) Another unit of government, educational institution, or a division of county government. (b) A professional firm or individual engaged in the practice of Law, Accounting, Medicine, Engineering, Planning or Consulting. (c) The only source of an item that has been determined to be specifically suited to the needs of the County. In this event, the State Purchasing Office may be used to obtain spot bids. Paragraph 6: The Chief Purchasing Officer is directed to prepare any written regulations as may be necessary for the implementation of this Article. These regulations, upon approval by the Board of Commissioners shall become effective 30 days after adoption. ARTICLE IX. SEPARABILITY 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 other sections, subsections, sentences clauses, or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, clause, sentence, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof.

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ARTICLE X. ENACTMENT At a regular meeting of the Board of Commissioners of Appling County held on the 4th day of December 1980 this Ordinance, entitled THE FINANCIAL MANAGEMENT ORDINANCE OF APPLING COUNTY, having been read aloud at two regular consecutive meetings and properly published in the official county organ, on motion made and seconded is adopted as an ordinance of Appling County pursuant to the provisions of the County Home Rule Laws, Article 9, Section 2, Paragraph 1 of the GEORGIA CONSTITUTION of 1976. /s/ Norman Hollis Chairman Attest: /s/ John R. Windham Clerk State of Georgia, County of Appling CERTIFICATION I, Max Gardner, Editor and Publisher of THE BAXLEY NEWS BANNER, certify that the following synopsis of the Financial Management Ordinance of Appling County, Georgia, was published in THE BAXLEY NEWS BANNER on November 6, 13, 20, and 27, 1980. Date 12-2-80 /s/ Max Gardner Editor and Publisher The Baxley News Banner Attest: /s/ Helen Gardner NOTICE OF INTENT TO ADOPT A LOCAL ORDINANCE The Appling County Board of Commissioners intends to adopt an ordinance entitled The Financial Management Ordinance of Appling County. First reading of this Ordinance was made at a regular meeting of the Appling County Board of Commissioners

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held on November 4, 1980. The second reading and enactment will take place at the regular meeting in December, 1980. The complete Ordinance is available for review during normal business hours at the office of the Clerk of Superior Court of Appling County, Courthouse Annex, Baxley, Georgia and at the offices of the Appling County Board of Commissioners, 100 Oak Street, Baxley, Georgia. A synopsis of the Ordinance appears below. The Financial Management Ordinance of Appling County A Synopsis The Purpose of this Ordinance is to provide for a system of financial administration, accounting, fiscal and budgetary control which conforms to generally accepted accounting practices. Responsibility for execution of the Ordinance lies with the County Administrator except where explicitly given to the governing authority. The Ordinance establishes the fiscal year as the calendar year. It requires the adoption of a balanced annual budget prior to the beginning of the year and describes the process of budget preparation, management and amendment. Interim spending limitations are provided and budget overruns are prohibited. A modified accrual basis of accounting is provided wherein expenditures are recorded when liabilities are incurred and revenues are recorded when received except that revenues from taxes are recorded when levied. Quarterly financial and budgetary reports are required as well as annual audit. The Ordinance designates the County Administrator as Chief Purchasing Officer and provides for limits to his approval authority. The Ordinance is to be adopted pursuant to the provisions of the County Home Rule Laws, Article 9, Section 2, Paragraph 1

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of the Georgia Constitution of 1976. Appling County Board of Commissioners John Windham, County Administrator-Clerk 11-27C I, John R. Windham, Clerk of Appling County Board of Commissioners, am the person charged with keeping the minutes of said Board meetings and I certify that the attached ten (10) pages of manuscript entitled THE FINANCIAL MANAGEMENT ORDINANCE OF APPLING COUNTY was adopted by the Board in a regular meeting held on December 4, 1980. /s/ John R. Windham Clerk Filed in the Office of Secretary of State December 8, 1980. CLAYTON COUNTYPENSIONS. RESOLUTION 80 - 25 A resolution to amend an act creating a system of pensions and retirement pay for officers, deputies, and employees of Clayton County and the Clayton County Water Authority, approved April 5, 1971 ( Georgia Laws 1971, p. 2917), as amended, ( Georgia Laws 1972, p. 3366) approved April 3, 1972, as amended, ( Georgia Laws 1975, p. 3682) approved April 17, 1975, is hereby further amended so as to extend coverage to elected county officers; to provide for an exception; to define full-time officers or employees; to provide a procedure whereby certain members may reestablish credit for prior service; to amend section 5. of the 1972 Act by striking in each and every place that it may appear in said section, the language age of fifty-six years, and inserting therefor in each and every place

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that the language age of fifty-six years appearsthe words, age of sixty years; to add a new section 5. (a); so as to provide for the composition of the board; to provide a severability clause; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it resolved by the Board of County Commissioners of Clayton County, Georgia, and it is hereby resolved: Section 1. That Section 1. of said Act is hereby repealed, in its entirety, and a new Section 1. is enacted and shall read as follows: There is hereby authorized and created the Clayton County Pension Board to consist of five members, one of whom shall be the Chairman of the Board of Commissioners of Clayton County, or his designee; one of whom shall be the Chairman of the Clayton County Water Authority, or his designee; one of whom shall be the Director of the Clayton County Civil Service Board; one of whom shall be the Director of Finance/Comptroller of Clayton County. In the event the Chairman of the Board of Commissioners of Clayton County and/or the Chairman of the Clayton County Water Authority designate a representative to serve on the Board in their respective places, the person so designated shall serve at the pleasure of the Chairman of the Board of Commissioners of Clayton County as his designee, or at the pleasure of the Chairman of the Clayton County Water Authority as his designee. The fifth member of the Board shall be selected by and appointed to the Pension Board by the four members enumerated and must be a citizen of Clayton County, not less than twenty-five years of age, and experienced in business or professional work and not in the employment of the State, any County, or Municipal government. In the case of a tie, the Senior Judge of the Clayton Judicial Circuit shall appoint the fifth member. The fifth member of the Board shall serve for a term of four years or until his successor is selected and qualified. The fifth member may succeed himself on the Board. Other members shall serve on said Board by virtue of their elected or appointed position. Section 2. Said Act as referenced above and amended creating a system of pensions and retirement pay for officers, deputies,

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and employees of Clayton County and the Clayton County Water Authority, approved April 5, 1971 ( GEORGIA LAWS 1971, p. 2917), and as amended ( GEORGIA LAWS 1972, p. 3366) approved April 3, 1972, as amended, ( GEORGIA LAWS 1975, p. 3682), is hereby further amended by striking from Section 5. of the 1972 laws the words age of fifty-six years in each and every place they appear, and inserting therefor, age of sixty years in each and every place the words age of fifty-six years appeared prior to this amendment. Section 3. Said laws are further amended by adding a new Section 5. (a) as follows: Section 5. (a) For the purpose of this Resolution, as amended, full-time officers, deputies, and employees shall be defined as officers, deputies, and employees who, although not actually in the performance of a service for the County on a regular eight-hour day basis, are subject to being called by the governing authority of Clayton County or Clayton County Water Authority, to perform services or give advice on County matters at any time their services are needed, and who receive their compensation on a regular basis of monthly, semi-monthly, or regular bi-weekly pay periods for the services rendered. Officers, deputies, and employees employed at the time this Amendment is enacted or passed who qualify shall receive credit for such service as prior service upon furnishing proper certification of such service to the Pension Board. Section 4. Should any word, phrase, sentence, or other provision of this Resolution be held to be unconstitutional or invalid, it shall be restricted to that word, phrase, sentence or other provision and shall not extend to the remainder of said Resolution which shall remain in full force and effect. Section 5. All laws in conflict with this Resolution are hereby expressly repealed. Section 6. The effective date of this Resolution shall be when approved by the Board of Commissioners of Clayton County after the second reading of said Resolution provided said Resolution receives an affirmative vote of three or more members of the said Board of Commissioners and a copy of said Resolution

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has been filed with the Secretary of State of the State of Georgia. Adopted this the 16th day of December, 1980. Clayton County Board of Commissioners /s/ Charley Griswell, Chairman /s/ Loren B. Cheaves, Vice-Chairman /s/ Ed. P. Echols, Commissioner /s/ Raymond E. Johnson, Commissioner /s/ Annie R. Ford, Commissioner The first reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioners of Clayton County on December 2, 1980, with the following members present and voting in favor: Vice Chairman Loren B. Cheaves, Commissioner Ed P. Echols, Commissioner Raymond E. Johnson and Commissioner Annie Ruth Ford. /s/ Milton Worsham, Clerk Board of County Commissioners Clayton County The second reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioners of Clayton County on December 16, 1980, with the following members present and voting in favor: Chairman Charley Griswell, Vice Chairman Loren B. Cheaves, Commissioner Ed P. Echols, Commissioner Raymond E. Johnson and Commissioner Annie Ruth Ford. /s/ Milton Worsham, Clerk Board of County Commissioners Clayton County
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Attest: /s/ Milton Worsham, Clerk State of Georgia County of Clayton CERTIFICATION This is to certify that a copy of the above and forgoing Resolution has been received by this office and filed as is by law provided for the purpose of examination and inspection by the public. This, the 12th day of November, 1980. /s/ Wanda M. Harper D/C Clerk Superior Court Clayton Judicial Circuit State of Georgia County of Clayton NOTICE OF INTENTION TO CONSIDER A RESOLUTION AMENDING CLAYTON COUNTYCLAYTON COUNTY WATER AUTHORITY SYSTEM OF PENSIONS AND RETIREMENT PAY Notice is hereby given that a resolution will be introduced before the Board of Commissioners of Clayton County on December 2, 1980, and on December 16, 1980, to amend and Act pertaining to Clayton County-Clayton County Water Authority System of Pensions and Retirement Pay for County officers, deputies, and employees of Clayton County and the Clayton County Water Authority so as to amend GEORGIA LAWS 1971, page 2917, as amended, GEORGIA LAWS 1972, page 3366, as amended, and GEORGIA LAWS 1975, page 3682, so as to provide for the composition of the Board, to define fulltime officers or employees, to provide procedures whereby certain officers or employees may re-establish credit for prior service, so as to provide a maximum age limitation at the time of employment for those qualified to receive retirement benefits, so as to repeal

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conflicting laws, to provide a severability clause; to provide an effective date; and for other purposes. A copy of said proposed Resolution to be introduced is on file in the Office of the Clerk of Superior Court of Clayton County, Clayton County Courthouse, Jonesboro, Georgia. Milton Worsham, Clerk Board of County Commissioners Clayton County State of Georgia County of Clayton PUBLISHER'S AFFIDAVIT Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, came, Jim Wood, who, after being duly sworn states that he is the Publisher of the News/Daily, legal organ for Clayton County and that the above and forgoing Notice of Intention to Introduce a Resolution before the Board of Commissioners of Clayton County was duly published in the legal organ as is by law provided on November 13, November 23, and December 5, 1980. /s/ Jim Wood, Publisher News Daily Sworn to and subscribed before me, this the 10th day of December, 1980. /s/ Brenda M. Morgan Notary Public (Seal) Filed in the Office of Secretary of State December 18, 1980.

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DEKALB COUNTYPENSION BOARD. AN ORDINANCE By the Board of Commissioners of DeKalb County under the home rule provisions for the 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, so as to further amend said Act to provide for additional polling places for election of employee members as members of the pension board, to provide for the supervision of said election by the Board of Registrations and Elections, to provide for the incumbent to be designated on the printed ballot, to provide for method of filling vacancies, to provide for the method of determining the amount and payment of benefits, to provide for the amount of contributions to be paid by the participants, to provide for the amount of appropriations to be appropriated by the governing authority of the county, to provide for the definition of total disability, to provide for annual review of disability retirees, to provide for increased benefits for retirees 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 pertaining to the DeKalb County Pension Board, known as Georgia Laws, 1962, Page 3088 et seq. as amended, be and the same is hereby further amended as follows: I. By striking in its entirety Section 1. of said Act and inserting in lieu thereof a new section to be known and designated as Section 1. to read as follows: Sec. 1. Pension board created; composition; term; election; qualifications; non voting members; vacancies. That there is hereby authorized and created the Pension Board of DeKalb County to consist of seven members, one of whom shall be the chairman of the board of commissioners of

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roads and revenues of DeKalb County, one of whom shall be elected by the board of commissioners of roads and revenues of said county, one of whom shall be the director of finance of DeKalb County, one of whom shall be the director of the merit system of DeKalb County, two shall be officers, employees or deputies of DeKalb County subject to the provision of this Act, elected at an election to be held on the second Monday in January, 1964, and every fourth year thereafter, on the second Monday in January. Said election shall be conducted by the use of secret ballots at some convenient place in the courthouse in DeKalb County and such other places as the pension board shall designate at least sixty (60) days prior to the election, under three managers appointed by the Board of Registrations and Elections. The said ballot shall be printed and designate the incumbent, if any, and shall provide adequate space for write-in candidates. The polling places shall be open from 8:00 A.M. until 6:00 P.M., and every officer and employee and deputy of DeKalb County subject to the provisions of this Act shall be entitled to one vote at said election. The seventh member of the board shall be appointed by the voting members and shall be a citizen of DeKalb County, not less than thirty years of age and experienced in business or professional work and not in the employment of any State, county, or municipal government. In case of a tie, the board of commissioners of roads and revenues of DeKalb County shall appoint the seventh member. The elected and appointed members of the board shall serve terms of four years and until their successors are elected and qualified. All members of the board shall take an oath faithfully to perform their duties under this Act and to administer the terms thereof. Provided however, that the director of finance and the director of the merit system shall not have the power to vote on any issue before the pension board at any time. Vacancies occurring in positions shall be filled for the unexpired terms in the same manner as they were originally filled. II. By striking in its entirety Section 8. of said Act and inserting in lieu thereof a new section to be known and designated as Section 8. to read as follows:

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Sec. 8. Payment of benefits. Subject to certain increases effective January 1, 1981, as set forth in Section 25, all participants who have retired or became disabled prior to January 1, 1981, and who are receiving benefits under this plan, or any predecessor plan, immediately prior to January 1, 1981, shall continue to receive benefits in accordance with the provision of the plan which was in effect at the date of retirement or disability. The remainder relates to the payment of benefits with respect to participants retiring or terminating employment on or after January 1, 1981. (a) Definitions: (1) Compensation shall mean the actual compensation paid as salary to a participant by the county and State of Georgia as herein provided during any calendar month plus any amount paid by the county on behalf of the participant under the Federal Insurance Compensation Act or any amendment thereto, but exclusive of reimbursed expenses, bonuses, commissioners and other remuneration. (2) Average compensation shall mean the average of the participant's monthly compensation for the highest sixty consecutive complete calendar months during the ten years of service, or during the full period of service if less than ten years, immediately preceding the date on which the participant's employment with the county terminates for any reason. Average compensation shall be determined by dividing the total compensation received by the participant during the appropriate sixty complete calendar months period by the number of months for which he received compensation in such period. (3) Accrued benefit as of the date of determination, shall mean the participant's monthly retirement benefit equal to the sum of (i) and (ii), where: (i) Is 2% of average compensation multiplied by the participant's years of service not in excess of 25; and

Page 4990

(ii) Is 1% of average compensation multiplied by his years of service in excess of 25 but not in excess of 40. (4) Interest shall mean simple interest at the rate of 3% per annum for years prior to 1971, 4% per annum for 1971 and subsequent years prior to 1981, and 5 % per annum for 1981 and subsequent years. (5) Years of service means service credited to participation in a pension plan of DeKalb County including any period during which a participant qualifies for disability retirement benefits after January 1, 1981, as set forth in subsection (b) 4.B of this Section 8. Accumulated sick leave at the time of retirement shall be credited at the rate of thirty days (30) for 1/12 years service. (12-22-70, s 2-A). Employees that elect to return to employment with the county shall have their said monthly benefit discontinued and shall not be given credit for the period of time the employee was drawing monthly benefits, however, upon re-entering the Pension Fund said employee shall be given credit for his or her prior years of service. The contributions of the employee shall be the same as if the employee referred to herein was a new employee and such employee shall not be required or permitted to repay monthly, benefits theretofore drawn. (1) Normal retirement benefits. (2) Delayed retirement benefits. (3) Early retirement benefits. (4) Disability retirement benefits. (5) Optional retirement benefits. (6) Termination benefits. (7) Death benefits. 1. A. Normal retirement date. The normal retirement date of a participant shall be the first day of the month coinciding with or next following the later of (a) and (b) but in no event later

Page 4991

than (c) where: (a) Is the date the participant attains age 55; (b) Is the date the participant completes 10 years of plan participation; and (c) Is the date the participant attains age 70. B. Normal retirement benefit. The monthly retirement benefit payable to a participant who retires on his normal retirement date shall be an amount equal to 2% of the participant's average compensation multiplied by his years of service (calculated to the nearest 1/12th year) not to exceed 25, plus 1% of the participant's average compensation multiplied by his years of service in excess of 25 but not in excess of 40, such benefit to commence on his normal retirement date and be payable on the first day of each month thereafter during the lifetime of the participant with a minimum of one hundred twenty payments to the participant or his beneficiary. 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 period which date shall be the delayed retirement date. 3. A. Early retirement date. The early retirement date of a participant shall be the first day of any month coincident with or next following the date he retires from the employ of the county subsequent to the attainment of age 50 and completion of at least 10 years of service. B. Early retirement benefit. A participant, upon retirement on his early retirement date, shall receive an immediate monthly retirement benefit which shall be an amount computed and payable in the same manner as a normal retirement benefit in accordance with subsection 1.A. (b) and 1.B. (b) of this section

Page 4992

8, but based on the participant's average compensation and service as of his early retirement date. (Each portion of such monthly retirement benefit shall be reduced by five-twelfths percentum (5/12%) for each complete month by which the date the benefit commences preceeds the normal retirement date of the participant). 4. A. Disability retirement date. The disability retirement date of a participant becoming totally and permanently disabled, in accordance with the definition and procedure set forth in Section 12, from any cause after completion of five years of service shall be the first day of the month after the determination by the pension board that the participant is so disabled. Provided that all new officers, employees and deputies of DeKalb County who become participants in this plan after the effective date thereof shall take a physical examination from a physician approved by the pension board and shall be certified by such physician as being physically and mentally qualified for the position or job given him, and provided further that the completion of five years service shall not be required of a participant for disability incurred while acting within the scope of his employment through (1) violent, external and accidental means not as a result of his misconduct or provocation, or (2) through an act of God. B. Disability retirement benefit. A participant upon retirement on his disability retirement date shall receive a monthly retirement benefit under which payment shall commence on his disability retirement date and shall be payable on the first day of each month thereafter until the earlier of (1) cessation of total disability (2) death, or (3) attainment of age 65. The amount of each monthly retirement payment shall be equal to 50% of the participant's monthly rate of earnings as of the date last worked minus any benefits received including lump sum payments and any benefit to be received through workers' compensation from DeKalb County, but the pension shall not be less than twenty-five (25) dollars per month. 5. A. Election of optional retirement benefits. A participant may elect, or may revoke a previous election and make a new election, at any time six months prior to his normal retirement date, early retirement date, or delayed retirement date, to have

Page 4993

the benefit provided in subsection 1.A. (b) and 1.B of this section 8 converted to one of the options hereinafter set forth. Election of any option shall be made by the participant in writing. The benefit provided in subsection 1.A. (b) and 1.B of this section 8 shall not be subject to election, but shall be payable only in the manner stated in said subsection 1.A. (b) and 1.B. B. Description of options. The amount of any optional retirement benefit set forth below shall be the actuarial equivalent of the amount of benefit subject to election and otherwise payable to the participant. Actuarial equivalent shall, for all participants be computed in accordance with such mortality table and interest rate as the pension board may hereafter adopt. OPTION 1.: Straight Life. An increased benefit which shall be payable during the lifetime of the participant with all payments ceasing at his death. OPTION 2.: Joint and Survivor Option. A decreased retirement benefit which shall be payable during the joint lifetime of both the participant and his joint annuitant and which shall continue after the death of either during the lifetime of the survivor in the same amount or in such smaller amount as the participant may designate. OPTION 3.: Other Options. Any other form of option subject to the approval of the pension board. 6. A. Joint annuitant. A participant who elects option 2 shall, on a form provided for that purpose, designate a person to receive the benefits which continue to be payable upon the death of the participant. Such person shall be the joint annuitant of the participant. B. Cancellation of election. The election by a participant of option 2 shall be null and void if either the participant or his designated joint annuitant shall die before benefits commence. In the event this election becomes null and void the participant shall have the right to name another joint annuitant or elect another option in which instance the six months requirement of subsection 5.A. shall be waived.

Page 4994

7. A. Termination benefit. In the event of termination of employment within the first three years of service the participant's contributions will be returned without interest. Upon termination of employment after three years of service but less than 10 years, the participant may either withdraw his contributions plus interest or leave his contributions in the fund and receive a monthly benefit to commence at age 65 equal to the accrued benefit determined as of his date of termination. Upon termination of employment after the completion of 10 years of service the participant may either withdraw his contributions plus interest or leave his contributions in the fund and receive a monthly benefit to commence at his normal retirement date equal to the accrued benefit determined as of his date of termination; provided, however, such terminating employee may elect to commence receiving actuarially reduced benefits any time after he attains 50 years of age. 8. A. Death Benefit. (1) PRIOR TO RETIREMENT. If a participant dies prior to the earliest date on which he could retire under the early retirement provision, his beneficiary shall receive a lump sum benefit equal to the participant's contributions plus interest. If a participant dies subsequent to the earliest date on which he could retire under either the early retirement or normal retirement provision and has not actually retired, the participant's beneficiary shall receive 120 monthly payments the amount of which shall be equal to the benefit specified in this section 8 determined as if the participant had retired immediately prior to the date of death. Such benefits shall be in lieu of return of employee contributions plus interest. (2) AFTER RETIREMENT. If a participant has elected the straight life option, his beneficiary shall receive a lump sum benefit equal to the excess, if any, of the participant's contributions accumulated to his retirement date plus interest over the benefits actually paid to date of death. If a participant has elected any other form of payment,

Page 4995

death benefits shall be payable as provided for by the provisions of the option elected, but in no event shall total benefits paid be less than the participant's contributions accumulated to his retirement date plus interest. 9. A. Beneficiary. All participants shall, on a form provided for that purpose, designate a person or persons to receive the benefits payable in the event of the death of the participant. Such person or persons shall be the beneficiary of the participant. The participant may from time to time change the beneficiary by written notice to the pension board and upon the receipt by the pension board of such change the rights of all previously designated beneficiaries to receive any benefit under this plan shall cease. In the event that any participant shall die without having designated a beneficiary or in the event that a participant shall die but the beneficiary designated by said participant shall fail to survive the participant, then and in either event, the person who shall constitute the beneficiary of the deceased participant shall be determined as follows: (a) In the event the deceased participant is survived by his or her spouse, then such surviving spouse shall be the beneficiary. (b) If the deceased participant is not survived by his or her spouse then the beneficiary shall be the deceased participant's estate. 10. A. No participant shall receive any benefits from this plan if he receives any renumeration for services rendered on a contract basis or on a permanent full time basis as determined under the rules and regulations governing the DeKalb County merit system to or for any department of DeKalb County government financed by tax revenue. III. By striking in its entirety Section 10. of said Act and inserting in lieu thereof a new section to be known and designated as Section 10. to read as follows:

Page 4996

Sec. 10. CONTRIBUTIONSBY PARTICIPANTS Effective January 1, 1981, except as otherwise provided herein, it shall be the duty of the director of finance of DeKalb County to make payroll deductions from the compensation paid to each participant an amount equal to 4.6 percentum (4.6%) of the compensation of the participant. IV. By striking in its entirety Section 11. of said Act and inserting in lieu thereof a new section to be known and designated as Section 11. to read as follows: Sec. 11. SAMEAppropriations; employment of actuary. Commencing January 1, 1981, the governing authority in charge of county affairs for DeKalb County shall appropriate to the pension fund annually, to be paid in monthly installments, an amount equal to 8.6 percentum (8.6%) of the amount of monthly compensation of each participant in this pension system. Within sixty days prior to the end of the first five year period, next following the effective date of this Act, it shall be the duty of the governing authority of DeKalb County to employ some qualified actuary or firm of actuaries to analyze the DeKalb County Pension Plan and report thereon to the pension board. Should such report reveal that the contribution plan herein provided to be made by DeKalb County be insufficient to maintain the plan on a sound basis, it shall be the duty of such governing authority of DeKalb County to appropriate such further sums for the next five years as would be necessary to maintain the fund and the plan on a sound financial basis. Should the actuary or firm of actuaries find that a lesser contribution by DeKalb County would maintain the fund and plan on a sound financial basis, DeKalb County is authorized to decrease its contribution to the percentage of the total payroll of the participants found by the actuary or firm of actuaries to be sufficient to maintain the plan and the fund on such sound financial basis. The pension plan shall be actuarily reviewed every five years thereafter and adjustments made as set out herein if such adjustments are

Page 4997

found to be necessary and the actuary or firm of actuaries employed to make such analyses shall be selected by the pension board. V. By striking in its entirety Section 12. of said Act and inserting in lieu thereof a new section to be known and designated as Section 12. to read as follows: Sec. 12. Disability Definition and ProcedureGenerally. Effective January 1, 1981, a participant shall be totally disabled for purposes of determining his eligibility for disability retirement under section 8 and other matters related to this pension plan if the participant is in a continuous state of incapacity due to illness or injury which: (a) while it continues during the first 12 months of incapacity which prevents the participant from performing the duties of his normal occupation with the county; and (b) while it continues thereafter, prevents the participant from engaging in any occupation for which he is or becomes reasonably qualified by education, training or experience. Whenever an application for disability pension has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia certifying to the total disability of such applicant for a pension. Immediately thereupon the pension board shall order the applicant to be examined by the county physician or some other physician named by the board who likewise shall certify the physical ability or total disability of the applicant. In the event the certificates of the respective physicians shall generally agree upon total disability, such facts shall be conclusive as to the physical or mental condition of the applicant and the board shall thereupon enter an order granting a pension in the proper amount. In the event the certificate tendered by the applicant and the certification of the county physician appointed by the board shall disagree as to the condition of the applicant, then and in that event, the pension

Page 4998

board shall conduct a hearing for the purpose of determining the true condition of the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn, and both the applicant and pension board may be represented by legal counsel if they so desire. Copies of documents may be received as evidence in lieu of the original at the discretion of the board, and affidavits shall be filed with the board at the time of the hearing. The decision of the board after a hearing shall be final as to the physical or mental condition of the applicant, but the proceeding shall be subject to review by writ of certiorari from the Superior Court of DeKalb County. The chairman of the pension board shall be authorized to acknowledge service on any such writ, and to answer same on behalf of the pension board. VI. By striking in its entirety Section 13. of said Act and inserting in lieu thereof a new section to be known and designated as Section 13. to read as follows: Sec. 13. SAMEANNUAL REVIEW. The pension board shall have the right at intervals of not less than one year, to require an examination of all participants receiving disability pensions under the provisions of this Act. In the event any such participant receiving disability pension shall be found, as a result of such examination, not to be disabled, the pension board may, after hearing evidence thereon, and an opportunity to such participant to be heard, remove such participant from the list of those entitled to disability pension. Provided, however, that in the event such participant receiving disability benefits refuses to submit to a physical examination after thirty days notice to report for such examination, the pension board shall withhold payments of his benefits until he submits to such examination and the participant shall be deemed to have forfeited his benefits during the time of his refusal to submit to a physical examination. VII. By striking in its entirety Section 25. of said Act and inserting

Page 4999

in lieu thereof a new section to be known and designated as Section 25. to read as follows: Sec. 25. Prior Pensions payable. All officers, deputies and employees who have retired or become disabled and who are receiving pension from DeKalb County under the pension plan provided under Georgia Laws 1949, page 415, as amended, at the time this Act becomes effective shall receive such pension out of the general fund of DeKalb County. All officers, deputies and employees, who have retired or become disabled and who are receiving pensions under the pension plan provided under Georgia Laws 1953, page 3198, as amended, shall continue to receive their vested benefits from the fund herein created. Effective January 1, 1981, each officer, deputy or employee who has retired or becomes disabled prior to January 1, 1981 (or the beneficiary or joint annuitant of such deceased individual) and who is receiving a monthly benefit under the provisions of this plan immediately prior to January 1, 1981, the amount of monthly benefit which is payable on or after January 1, 1981, shall be equal to the amount of monthly benefit otherwise payable to, or on behalf of, such individual under the terms of the plan as in effect immediately prior to January 1, 1981, increased by: (a) 5% if retirement or disability benefits commenced in 1980, (b) 10% if retiremeent or disability benefits commenced in 1979, (c) 15% if retirement or disability benefits commenced in 1978, (d) 20% if retirement or disability benefits commenced in 1977 (e) 25% if retirement or disability benefits commenced

Page 5000

prior to 1977. VIII. All laws or parts of laws in conflict with this ordinance are hereby repealed. IX. 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. X. 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 (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. XI. This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 11th day of November, 1980, and again on the 25th day of November, 1980, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County. XII. A synopsis of this ordinance shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 6th day of November, 1980, the 13th day of November, 1980,

Page 5001

and the 20th day of November, 1980, 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. XIII. The provisions of this Ordinance shall become effective on January 1, 1981. Adopted this 25th day of November 1980. /s/ Walter B. Russell, Jr. Chairman, Board of Commissioners DeKalb County, Georgia Attest: /s/ Patrick C. Glisson Clerk APPROVED AS TO FORM: By /s/ James H. Weeks Assistant County Attorney PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB 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 County Ordinance, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 6, 13, 20th day of Nov., 1980. Gerald W. Crane, Co-Publisher (by) Linda L. Orr, Agent.

Page 5002

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 20th day of Nov., 1980. /s/ Samme Johnson Notary Public. My commission expires Jan. 4, 1982. (Seal) NOTICE OF PUBLIC HEARING PROPOSED COUNTY ORDINANCE Notice is hereby given by the DeKalb County Board of Commissioners that pursuant to provisions of the Home Rule for Counties Amendment of the Georgia Constitution, hearings will be held on November 11, 1980 and November 25, 1980 to consider amendments to Ga. Law 1962, Page 3088, et seq., creating the DeKalb County Pension Board as relates to polling places, election of employee members of the Pension Board, supervision of said elections, designation of incumbent on the printed ballot, method of filling vacancies, method of determining amount and payment of benefits, amount of contributions of participants, appropriations by governing authority, defining of total disability, annual review of disability retirees and increased benefits for retirees. A copy of the proposed amendments 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. Filed in the Office of Secretary of State December 12, 1980. 22-3173, 11/6-11/20

Page 5003

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 provide that employees of Floyd County who are appointed to positions outside the protection of the Floyd County Merit System Act may return to their original status, grade and rank without prejudice and under the protection of the Floyd County Merit System Act if their resignation or discharge in the new position of appointment shall not be for cause. Be It Ordained by the Board of Commissioners of Floyd County, Georgia, and it is hereby ordained by the authority of the same as follows: Section 1. An Act establishing a Merit System for the Government of Floyd County, Georgia, approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513) be, and the same is, hereby amended by deleting Section 2, subparagraph (c) and adding in lieu thereof the following to be known as Section 2, subparagraph (c): Section 2. (c) If the Board of Commissioners of Floyd County, Georgia appoints a person to a position which is not covered by the Floyd County Merit System Act and at the time of said appointment said appointee was a county employee, serving in a position covered by the Floyd County Merit System Act, and, thereafter, the person so appointed resigns or the Board of Commissioners of Floyd County, Georgia, for any reason, discharges said appointee, said appointee shall immediately revert to his former status, grade and rank, without prejudice, under the Floyd County Merit System unless the Floyd County Merit Board, after a hearing as provided under either the provision of the Floyd County Merit System Act, or the rules and regulations adopted by the said Merit Board, shall determine that said employee was discharged for cause. In the event the Floyd County Merit System Board shall determine that said employee was discharged for cause, said employee shall not be entitled to revert to his former status, grade and rank and said employment

Page 5004

relationship shall be terminated as of the date of discharge. Section 2. This Ordinance is adopted by the Board of Commissioners of Floyd County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia providing for home rule for counties. Section 3. This Ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia for the purpose of examination and inspection by the public shall have been published in the Rome News Tribune, the official gazette of the County, once a week for three weeks immediately preceding its final adoption, the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Floyd County, Georgia not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of the State of Georgia, all in compliance with the provisions of the Constitution of the State of Georgia. Section 4. All Ordinances or parts thereof in conflict herewith are hereby repealed. This March 25th, 1980. Floyd County Board of Commissioners By: /s/ James r. Mehaffey Chairman Attest: /s/ Cap Hicks Clerk STATE OF GEORGIA COUNTY OF FLOYD I, Marvin W. (Cap) Hicks, Clerk of the Board of Commissioners of Floyd County, Georgia, certify that the above and

Page 5005

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 on Tuesday, March 25th, 1980. /s/ Marvin W. (Cap) Hicks In person before the undersigned attesting officer appeared the undersigned who on oath says that they are duly authorized representative of the Rome News Tribune and authorized to make this affidavit and that the advertisement as per attached clipping has been published in the Rome News Tribune on the following dates: March 7, 1980, March 13, 1980, and March 20, 1980. B. H. Mooney, Jr. Sworn to and subscribed before me this 31 day of March, 1980. /s/ Leatha Davenport Notary Public Georgia, Floyd County. Notice of Proposed Action to be taken under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia Notice to the Public Notice is hereby given that the Floyd County Board of Commissioners proposes to adopt the following Ordinance under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, copies of which are on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia. The Clerk of said Court will furnish anyone, upon written request, a copy of said Resolution to Amend. SYNOPSIS OF PROPOSED AMENDMENT Said Resolution and Ordinance will provide an amendment to the Act entitled Floyd County Merit System Act approved

Page 5006

April 9, 1969 (Ga. Laws 1969, pp. 2505-2513) to provide that if the Board of Commissioners of Floyd County, Georgia appoints a person to a position which is not covered by Floyd County Merit System Act and at the time of said appointment said appointee was a county employee, serving in a position covered by the Floyd County Merit System Act, and, thereafter, the person so appointed resigns, or the Board of Commissioners of Floyd County, Georgia, for any reason, discharges said appointee, said appointee shall immediately revert to his former status, grade and rank, without prejudice, under the Floyd County Merit System unless the Floyd County Merit Board, after a hearing as provided under either the provision of the Floyd County Merit System Act, or the rules and regulations adopted by the said Merit Board, shall determine that said employee was discharged for cause. In the event the Floyd County Merit System Board shall determine that said employee was discharged for cause, said employee shall not be entitled to revert to his former status, grade and rank and said employment relationship shall be terminated as of the date of discharge. The Board of Commissioners of Floyd County, Georgia by: Marvin W. (Cap) Hicks, Clerk Mar. 7, 13, 20, 27 Filed in the Office of Secretary of State April 4, 1980. 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

Page 5007

matters relative to the foregoing; to provide for a referendum; to provide for effective dates; and for other purposes (Ga. L. 1977, p. 2817); as amended. By adding thereto a new subsection to Section 13 of the original Act, as amended, to be known as Section 13(e) 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 the County Home Rule authority under the Georgia Constitution, (Article IX, Section 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, p. 2817); as amended. Said Act is amended by adding thereto a new subsection to Section 13 of the original Act, as amended, to be known as Section 13(e), which will read in its entirety as follows:

Page 5008

Section 13(e) Part I Rockdale County Personnel Rules and Regulations Chapter I GENERAL PROVISIONS SECTION I. PURPOSE It is the purpose of these rules to establish procedures which shall serve as a guide to administrative action concerning the various personnel activities and operations of Rockdale County. They are intended to indicate the usual and most reasonable methods for carrying out the aims of the personnel program, consistent with the following merit principles: 1. Recruiting, screening, and selecting employees on the basis of their relative ability, knowledge and skills, including open competition of qualified applicants for initial appointments; 2. Establishing pay rates consistent with the principles of providing comparable pay for comparable work; 3. Training employees, as needed and as practicable, to assure high quality performance; 4. Retaining and advancing employees on the basis of the adequacy of their performance, correcting inadequate performance and separating employees whose inadequate performance cannot be corrected; 5. Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, creed, age, national origin or ancestry, sex, or religion; 6. Assuring that employees are protected against coercion for

Page 5009

partisan political purposes and are prohibited from using their official authority for the purpose of interferring with, or affecting the result of an election. SECTION 2. POSITIONS COVERED These rules and regulations shall cover all employees in the classified service. SECTION 3. ADMINISTRATION These rules and regulations shall be administered and enforced by the Rockdale County Personnel Officer. The Personnel Officer shall be appointed and removed in the same manner as a department head, and shall have the authority to delegate the administration of these rules and regulations. Chapter II ETHICS AND CONDUCT SECTION 1. OUTSIDE EMPLOYMENT No employee may engage in any employment additional to employment with Rockdale County which shall interfere with efficient performance of the employee's duties or present a conflict of interest. Prior written approval for any outside employment must be obtained from the employee's department head. Non-elected department heads must obtain prior approval from the chairman of the Board of Commissioners. SECTION 2. CONFIDENTIAL INFORMATION An employee may not directly or indirectly make use of confidential information acquired by virtue of employment with Rockdale County in any manner except in the performance of their official duties. An employee may not provide or permit others to use confidential information to anyone except in the performance of their official duties.

Page 5010

SECTION 3. GIFTS AND GRATUITIES An employee shall not accept gifts, gratuities, or loans from organizations, business concerns, or individuals with whom he has official relationships on business of the county government. These limitations are not intended to prohibit the acceptance of any articles which are distributed free of charge to the general public, nor to prohibit the acceptance of token gifts given during the Christmas holiday season, provided that no employee accept any gift of a value of over $25.00 in value in any one year from any single individual, corporation, business or interest group. SECTION 4. POLITICAL ACTIVITY Employees of Rockdale County are encouraged to exercise their right to vote, but no employee shall make use of county time or equipment to aid a political candidate, political party, or political cause, or use a county position to persuade, coerce, or intimidate any person in the interest of a political candidate, party, or cause. Any county employee desiring to be a candidate for any political office in Rockdale County must resign their position at the time they legally qualify as a candidate. SECTION 5. CONFLICT OF INTEREST It is particularly important that the employees of the county refrain from unfavorable relationships which might be construed as evidence of favoritism, coercion, unfair advantage, or collusion. Whenever an employee is faced with a situation which, in that employee's mind is questionable or problematical with regard to posing a conflict of interest, that employee is encouraged to discuss the matter with his department head, who may, in turn, refer the matter to the Personnel Officer. CHAPTER III CLASSIFICATION PLAN SECTION 1. DEFINITION The classification plan is the systematic grouping of positions into appropriate classes.

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1. A position is a group of currently assigned duties and responsibilities requiring the full or part-time employment of one person. A position may be occupied or vacant. 2. A class is a group of positions (or one position) that: a. has similar duties and responsibilities; b. Requires like qualifications, and c. Can be equitably compensated by the same range of pay. SECTION 2. USE AND INTERPRETATION OF CLASS SPECIFICATIONS Specifications are to be interpreted in their entirety and in relation to others in the classification plan. Particular phrases or examples are not to be isolated and treated as full definition of a class. Specifications are descriptive and explanatory of the kind of work performed and not necessarily inclusive of all duties performed. The use of a particular description as to duties, qualifications, or other factors shall not be held to exclude others of similar kind of quality. Periodically, and not less than every two years after the adoption of these regulations, a general review of the classification plan shall be conducted by the Chairman of the Board of Commissioners. SECTION 3. AMENDMENTS TO THE POSITION CLASSIFICATION PLAN The Board of Commissioners shall determine whether the establishment and/or the abolition of a class is in order. Such changes shall take the form of amendments to the plan and must be adopted by the Board of Commissioners. When a new position is established, or duties of an existing position changed, the department head or elected official involved shall submit, in writing, a position description stating the duties and responsibilities of the position. The Personnel Officer

Page 5012

shall investigate the actual or proposed duties, assure the availability of funds with the Finance Department and recommend to the Chairman of the Board of Commissioners the appropriate class allocation or the establishment of a new class. The Board of Commissioners shall approve or change such recommendations and allocate the position to a class. SECTION 4. CLASSIFICATION APPEALS An employee who considers his position improperly classified shall submit his reclassification request, in writing, to his department head who shall review such request as to it's justification. The department head or elected official shall make a recommendation to the Personnel Officer within seven (7) days of the receipt of the appeal. The Personnel Officer shall, within fourteen (14) days, consider the merits of the question and recommend appropriately to the Chairman of the Board of Commissioners. The Board of Commissioners shall proceed as outlined in SECTION 3 of this chapter. SECTION 5. OFFICIAL COPY OF THE CLASSIFICATION PLAN The Personnel Officer shall be responsible for maintaining an official copy of the Classification Plan. The official copy shall include a schematic list of class titles and class specification plus all amendments to the plan. A copy of the official plan shall be available for inspection by the public under reasonable conditions during business hours. SECTION 6. CLASSIFICATION PLAN IN EFFECT The classification plan shall be considered a part of this section and shall have the same force and effect as these personnel rules and regulations.

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CHAPTER IV PAY PLAN SECTION 1. COMPOSITION The pay plan includes the adopted salary schedule, and the schedule of salary ranges consisting of rates of pay for all classes of positions included in the classification plan. SECTION 2. MAINTENANCE OF THE PLAN The pay plan is intended to provide fair compensation for all classes in the classification plan, considering range of pay for other classes, rates of pay for comparable services in private and public employment in the area, cost of living data, other benefits received by employees, the county's financial condition and other factors. The Chairman of the Board of Commissioners shall periodically, and not less than every two years, make, or cause to be made, comparative studies of all the factors affecting the level of salary ranges. On the basis of conclusions reached through such studies, the Board of Commissioners shall make changes in salary ranges as appropriate. SECTION 3. NEW APPOINTEES Generally, a new employee shall be paid the minimum rate of pay for his class. Exceptions may be granted upon the written prior approval of the Chairman of the Board of Commissioners in the following areas: 1. The minimum rate for each class is based upon the assumption that a new employee meets the minimum qualifications stated in the class specifications. If it becomes necessary to appoint a new employee of lesser qualifications, he should be started at one or possibly two steps below the minimum rate of the class, and the appointment shall be considered to be temporarily filled until either the qualifications are met, the qualifications are changed, or a qualified candidate is appointed. 2. If a new employee more than meets the minimum qualifications

Page 5014

and will not accept appointment at the minimum rate of the class, he may be appointed at the second step or, in unusual cases, at a still higher step with the approval of the Personnel Officer and the Chairman of the Board of Commissioners. Cases should be thoroughly analyzed and measured again to objective standards. Consideration should be given to a review of the salaries of the employees in the class whose present salaries are below the recruiting rate. SECTION 4. PROMOTION An employee who is promoted shall receive a salary raised to the lowest step of the range for the class of the new position which will affect an increase in his salary at least as great as the full step in the previous salary range. The successful completion of the promotional probation period will not warrant a further salary raise. SECTION 5. DEMOTION When an employee is demoted, the salary paid shall be at a rate which is within the range of the lower position. The rate of pay shall be set by the department head or elected official with the approval of the Personnel Officer and the Chairman of the Board of Commissioners, taking into consideration the circumstances surrounding the demotion as well as the employee's length of service and performance record with the County. SECTION 6. SALARY REVIEWS It is the policy of Rockdale County to reward its employees by establishing an equitable system of providing salary reviews. When a salary increase is approved, the increase shall be to one of the steps within the range to which the position is allocated. SECTION 7. OVERTIME COMPENSATION Compensatory time on an hour-for-hour basis shall be granted for approved overtime work whenever practical to release personnel without impairing the work program. When compensatory time is not practical, cash payment shall be made on a time

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and a half basis. Prior approval for cash payment on over-time must be obtained from the Chairman of the Board of Commissioners by the non-elected department head. Elected officials must assure budgetary consideration when approving cash payment overtime. This approval must be submitted with the request for cash payment. Overtime cash payment or compensatory time shall not be made to employees who are allocated to ranges above 18, on the premise that overtime will not be granted to supervisors, division heads and department heads, since the salary levels for these groups are usually established on the basis of the work to be done rather than the hours of work per week. It is consistent to treat overtime as a condition of the level of responsibility for these occupational groupings. The Chairman of the Board of Commissioners shall have final authority for exceptions to this section. 1. Overtime shall be accrued and compensated for in half-hour increments. When periods of less than 15 minutes are involved, no overtime is credited. For periods in excess of 15 minutes, one half () hour is credited. 2. Overtime cash payment shall be computed on base rate of pay and shall not include any incentive amounts. 3. All overtime compensation shall be paid on the subsequent payroll after the fiscal clerk has received the cash payment request and approval action. 4. All compensatory time must be used within sixty (60) days from the date that it is earned or it shall be forfeited. 5. If an employee, through circumstances beyond his control such as inclement weather, power failure, equipment breakdown, etc., is dismissed from duty, he shall not be paid for time not worked. However, when an employee is required to remain at a county facility, this time shall be fully compensable. None of the above shall prohibit a permanent employee from using accumulated leave or compensatory time.

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CHAPTER V RECRUITMENT AND SELECTION SECTION 1. EMPLOYEE OPPORTUNITIES The recruitment, selection, appointment and promotion of employees shall be in such a manner as to promote equal employment opportunity for all persons without regard to race, age, color, creed, sex, national origin, or political persuasion or affiliation. SECTION 2. VACANT POSITIONS Department heads shall be responsible for notifying the Personnel Officer of vacant, or soon to be vacant, positions in their department. The notification shall include the class title and salary range. All vacancies to be filled should be announced to all county employees. A vacancy announcement shall be posted for at least three work days in a central location in each department. SECTION 3. RECRUITMENT FOR VACANT POSITIONS All full-time vacancies shall be publicized by the Personnel Officer by posting announcements and by other means necessary to assure obtaining well qualified candidates for the positions. This will include an advertised announcement in the local paper on two (2) consecutive Thursdays. The announcement shall specify the title and salary range of the vacant position, the requirements and qualifications, the manner of making application, the final date on which the application shall be received, and other pertinent information. Every reasonable effort shall be made to advertise vacancies so that all interested persons are informed and qualified persons are attracted to compete. SECTION 4. PUBLIC WORKS TEMPORARY POSITIONS It is recognized the Public Works department faces an unusual situation where the time requirements of SECTION 2 and SECTION 3 of this chapter are unrealistic. To prevent an undue delay in obtaining personnel for a required work force, use of the

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vacant temporary positions alloted to the public works department may be filled on an emergency basis by the department head. Promotion to a permanent position will only be considered when the provisions of SECTION 2 and SECTION 3 are being acted upon. Temporary positions must be vacant to use the provisions of this section. No temporary employment may begin until an applicant has completed the necessary employment forms and such forms have been presented to the Personnel Officer. SECTION 5. APPLICATION FORMS Application shall be made on Rockdale County application forms. Such forms shall include information covering training, experience, and other pertinent factors. All applications shall be signed by the person applying. SECTION 6. DISQUALIFICATION The Personnel Officer may remove from further consideration the application of an applicant who: 1. Does not meet the minimum qualifications established for the position. 2. Has failed to submit his application within the prescribed time limit. 3. Has made false statements of material fact, or practices deception in his application. 4. Has an unsatisfactory employment record of such a nature as to demonstrate unsuitability for employment by the County. 5. Has been convicted of a felony or otherwise exhibited dishonesty or public conduct offensive to the sensitivity of the public at large. 6. Has any other background information which may be detrimental to employment by the County.

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SECTION 7. SELECTION The Personnel Officer shall review all applications for employment to determine whether the applicant meets the established standards for employments. When appropriate, examinations may be used which may be written or oral or a combination of these. Such tests shall be practical in character and shall relate to the duties and responsibilities of the position for which the applicant is being examined. Examination of employees may also consist of a review of educational experience necessary to perform the duties of the position. Applicants meeting the employment standards will be referred to the employing department head by the Personnel Officer. The department head shall make a selection from the applicants referred and shall notify the Personnel Officer of his decision. SECTION 8. DEPARTMENT HEADS, APPOINTIVE When the position of any appointive department head is to be filled, or the status of the encumbent changed by administrative action, the provisions of Georgia state law creating the Board of Commissioners of Rockdale County shall supersede the provisions of this chapter, and shall govern with regard to the special powers and authorities of the Board of Commissioners and the Chairman of the Board of Commissioners. Nothing contained herein shall be construed as being contrary to the provisions of H. B. 610 as amended now or hereafter. CHAPTER VI METHODS OF APPOINTMENT SECTION 1. REGULAR APPOINTMENT Regular appointment to full and part-time permanent positions shall occur after the procedures outlined in Chapter V have been completed. All employees appointed under this method shall serve a probationary period as described in Chapter VII.

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SECTION 2. TEMPORARY APPOINTMENT Temporary appointment for short term employment to positions that will not continue longer than six months in any twelve month period shall be made whenever possible by the procedures outlined in Chapter V. If this is not possible or practical, the Personnel Officer may authorize the department head to make a recommendation for employment. The department head will consult with the Finance Department to assure budgetary compliance. Temporary employees are excluded from the benefits and privileges provided to regular employees. SECTION 3. LIMITED TERM APPOINTMENT Vacancies created by a leave of absence without pay may be filled by a limited term appointment. Selection shall be made under the provisions outlined in Chapter V. A person holding a limited term appointment may be terminated when the person replaced returns to the position. Transfer from limited term to regular appointment may be made if the person being replaced fails to return on the termination of leave. Except for the limited nature of their status, employees holding limited term appointments shall have the same rights and privileges as permanent employees. SECTION 4. EMERGENCY APPOINTMENT When an emergency involving serious impairment of the public business makes it impossible to fill a vacant position by normal procedures, the department head, with the approval of the Personnel Officer and the Chairman of the Board of Commissioners, may appoint any qualified person to such a position on a temporary basis in order to prevent stoppage of public business, or loss or serious inconvenience to the public. Such an appointment shall be for a period not to exceed 90 days, during which the normal selection procedures will be followed in order to fill the position under a regular appointment.

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CHAPTER VII PROBATION SECTION 1. OBJECTIVES The probationary period shall be regarded as an integral part of the selection process, and shall be utilized for closely observing the employee's work, for securing the most effective assessment of a new employee to the position and for rejecting any employee whose performance is not satisfactory. Employees serving probationary periods do not have appeal rights unless there is alleged discrimination because of race, age, color, creed, sex, or national origin. Employees who are separated from the county's service prior to the completion of six months of service receive no vacation pay. SECTION 2. DURATION The probationary period shall normally be six months in duration. There shall be no extension of the probationary period except where the employee could not be observed in the performance of work due to justifiable absence from the job, where extensive certification requirements of the job cannot be met by the employee within the time frame of six months for reasons beyond the control of the employee, or where other unusual events preclude completion of an adequate evaluation during the probation period. No extensions will exceed an additional ninety (90) days to the normal probation period. SECTION 3. EVALUATION OF PERFORMANCE After an employee has completed one-half of the probationary period the department head shall complete a performance appraisal on the probationary employee's work and submit the form to the Personnel Officer with the written opinion of the employee's supervisor as to whether the employee's services have been satisfactory. During the probationary period the employee's supervisor will tell the employee when he is not performing satisfactorily. At least fifteen days prior to the expiration of an employee's probationary period the department head shall notify the Personnel Officer, in writing, whether or not an

Page 5021

employee is expected to satisfactorily complete his probationary period. SECTION 4. DISMISSAL During the probationary period a department head or elected official may remove an employee who is unable or unwilling to perform the duties of the position satisfactorily, or his habits and dependability do not merit has continuance in the county's service. The department head or elected official shall immediately report such removal to the Personnel Officer as well as to the employee, and shall state reason for removal. Employees serving their probationary period do not have the right of appeal unless it is alleged that the civil rights of the employee as afforded by the Constitution of the United States have been abridged or violated. SECTION 5. PROMOTIONAL PROBATION The promotional period shall be used in connection with promotional appointments in the same manner as it is used for entrance appointments. However, an employee serving a promotional probation is still eligible for the rights and privileges provided permanent employees. When an employee is removed during a probationary period following a promotion, the employee shall be entitled to reclassification at the employee's former position without prejudice. When the promotional probation is successfully completed, there will be no probationary salary increase. SECTION 6. PERMANENT STATUS When the employee has successfully completed the probationary period, and the department head or elected official has notified the Personnel Officer, the employee shall receive a one step salary increase. This section does not apply to personnel who have successfully completed a promotion probation period.

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CHAPTER VIII SEPARATION SECTION 1. TYPES OF SEPARATION Separation of employees form Rockdale County shall be designated as one of the following and shall be accomplished in the manner indicated: resignation, compulsory resignation, layoff, disability, death, retirement, and dismissed. SECTION 2. COUNTY PROPERTY At the time of separation and prior to final payment, all records, assets and other items of county property in the employee's custody shall be transferred to his department head or elected official. Certification to this effect will be signed by the department head or elected official. Any amount due because of the shortage in the above shall be with-held from the employee's final compensation. In the case of a department head being terminated, the accounting shall be to the Chairman of the Board of Commissioners. All accountings must be forwarded to the Personnel Officer prior to final payment. The value of the materials will be determined by the department head or elected official. SECTION 3. RIGHTS OF EMPLOYEES Employees who separate shall receive payment for all earned salary, and those employees who have successfully completed the probationary period shall receive payment for all earned annual leave subject to deductions as outlined in SECTION 2 of this chapter, and subject to any other outstanding indebtedness of the employee to the County for any reason. Those employees who have elected to participate in any credit union payroll deduction program, must abide by any agreements they have signed. SECTION 4. RESIGNATION To resign in good standing an employee shall give notice in writing to his department head at least 10 working days prior to

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the effective date of the employee's resignation. Formally, failure to comply with this rule shall be entered on the service record of the employee. An employee who resigns in good standing shall be eligible for rehire as a new employee. At the sole discreption of the County an employee who resigns in good standing may be eligible for reinstatement with beginning employee status, provided such reinstatement occurs within 30 calendar days from the date of the employee's separation. Such reinstatement eligibility shall not be considered to be a right. Such reinstatement is subject to the normal probationary period. SECTION 5. COMPULSORY RESIGNATION Any employee who without valid reason fails to report to work for three consecutive work days without authorized leave shall be separated from the payroll and reported as a compulsory resignation. SECTION 6. LAYOFF For purposes of definition, any involuntary separation not involved in delinquency, misconduct, or inefficiency shall be considered a layoff. Any layoff shall be conducted in accordance with the following rules: 1. Employees shall be laid off on the basis of the following three factors, to be weighed in descending order: length of service with the county, criticality of skill, and past performance of the employee. It is provided, however, that deviation from the use of length of service with the county as the sole determining factor will require written explanation to the Personnel Officer by the department head or elected official and final approval by the Chairman of the Board of Commissioners. 2. If a permanent employee is scheduled to be laid off a demotion to a lower class shall be offered if a vacancy exists, or if a probationary employee is filling a lower county position, provided the permanent employee is qualified or able to be trained to fill the position in the lower class. If no such position is available, the employee shall be laid off without cause.

Page 5024

3. Prior to a reduction in force, the names and job titles of all permanent employees scheduled for layoff shall be submitted to the Chairman of the Board of Commissioners by the Personnel Officer for approval. Until the names submitted are approved and confirmed for layoff, no layoff shall be consummated. 4. Permanent employees to be laid off shall be notified in writing by the Chairman of the Board of Commissioners at least 14 calendar days prior to the effective day of the layoff. SECTION 7. DISABILITY The department head or the Personnel officer may direct any employee to be examined by a physician designated by the Personnel Officer. When a disability of any kind is discovered which impairs the effectiveness of an employee, or impairs the effectiveness of others, the following action shall be taken: 1. If the disability is correctable, the employee shall be allowed a specified length of time as determined by the Chairman of the Board of Commissioners to have it corrected. If the employee fails to take steps to have it corrected within the specified time, the employee shall be subject to disciplinary action or termination. 2. If, in the opinion of the examining physician, the disability cannot be corrected, the department head shall: (a) attempt to place the employee in another position at which the employee can perform satisfactorily. If that cannot be accomplished successfully, the department head shall: (b) take steps to separate the employee from county service through dismissal without prejudice. SECTION 8. LOSS OF JOB REQUIREMENT Any employee who is unable to do a job because of a loss of the necessary license or other requirement shall be terminated.

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SECTION 9. DEATH When any employee dies while in the service of Rockdale County, all compensation due in accordance with SECTION 3 of this chapter shall be paid to the legal representative of the employee's estate or any other properly designated individual. SECTION 10. DISMISSAL A department head or elected official may dismiss an employee for cause as outlined in SECTION 2 of CHAPTER IX after reviewing such action with the Personnel Officer. The employee shall be furnished notice of dismissal in writing, stating the reason for dismissal. Procedures for appeal are outlined in CHAPTER X. It is recognized there will be occasions when immediate dismissal is required. A review of such action with the Personnel Officer must be complete as soon as possible. SECTION 11. DEPARTMENT HEADS, APPOINTIVE When a department head is to be dismissed for any reason, the provisions of Georgia law creating the Board of Commissioners, as amended, shall supersede the provisions of this chapter, and shall govern with regard to the special powers and authorities of the Board of Commissioners and of the Chairman of the Board of Commissioners. Department heads, as part of management, are not eligible to use the appeal and grievance procedures contained in Chapter X. CHAPTER IX DISCIPLINARY ACTION SECTION 1. TYPES OF DISCIPLINARY ACTION A department head shall have the following alternatives for disciplinary action: 1. Verbal Reprimand. A department head or elected official may administer a verbal reprimand to correct a problem area. Department heads will keep a written record of verbal reprimands but such will not be made a

Page 5026

part of employee's personnel files. Such records maintained by department heads should include time, date, and a brief description of problem. 2. Written Reprimand. A department head or elected official may submit a written reprimand to an employee when an oral warning has not resulted in the expected improvement, or when more severe initial action is warranted. Copies shall be sent to the Personnel Officer and to the Chairman of the Board of Commissioners. The Personnel Officer shall file a copy of the reprimand in the employee's personnel file, form which it shall be removed after one year, provided no additional reprimands are received by the employee. Written reprimands must contain specific time, date, place of offense, the signature of the employee, and a statement of expected corrective action to be taken by the employee. 3. Suspension. A department head or elected official may, for cause, suspend without pay an employee in his department. A written statement specifically setting forth reasons for suspension and duration of the suspension shall be furnished to the employee. Copies shall be sent to the Personnel Officer and placed in the employee's personnel file. A copy shall also be sent to the Chairman of the Board of Commissioners who may require that the suspension be extended or revoked. 4. Dismissal. A department head or elected official may dismiss an employee for cause as outlined in SECTION 2 of this chapter. The employee shall be furnished notice of dismissal in writing, stating the reason for dismissal. Copies shall be filed with the Personnel Officer, and in the employee's personnel file. Procedures for appeal of a dismissal are provided in CHAPTER X, SECTION 4. SECTION 2. REASONS FOR DISCIPLINARY ACTION Listed below are some of the reasons which may be cause for disciplinary action referred to in SECTION 1 of this chapter. The list is not intended to include all defenses for which disciplinary action may be taken, but does include many of the most

Page 5027

commonly encountered ones: 1. Being convicted of a felony or of a misdemeanor involving moral turpitude. 2. Being absent without leave. 3. Excessive tardiness. 4. Abuse of sick leave. 5. Inefficiency, negligence, or incompetence in the performance of duties. 6. Careless, negligent, or improper use of county property or equipment. 7. Willfully giving false statements to supervisors, officials, or the public. 8. Violation of county ordinances, administrative regulations, or departmental rules. 9. Being under the influence of alcohol or illegal drugs when reporting for work, or partaking of such while on duty, except that prescribed medication may be taken within the limits set by a physician as long as it is medically necessary, and provided that the employee has documented such medical necessity with his department head. 10. Soliciting of other employees or distributing of literature to other employees during work hours, or otherwise interfering with the work of other county employees. SECTION 3. PERSONNEL FILE Personnel files are priviledged information and are only to be used for Rockdale County personnel action. Any requests from outside agencies for such information will be forwarded to the Personnel Officer for action. Employees have the opportunity to review their personnel file as required.

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CHAPTER X GRIEVANCES AND APPEALS SECTION 1. POLICY The most effective accomplishment of the work of the county requires prompt and equitable adjustment of employee grievances. It is the desire of the county to address grievances informally, and both employees and supervisors are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances which will be resolved only after a formal appeal and review. No employee shall be disciplined or discriminated against in any way because of use of the grievance procedure. SECTION 2. DEFINITION A grievance is a complaint made by an employee concerning the interpretation of these rules, regulations, policies, departmental work rules, or disciplinary action affecting his employment with the county. SECTION 3. APPEALS Any permanent employee in the classified service of the county who is suspended, demoted, or dismissed shall have the right to appeal this action to the Board of Redress. SECTION 4. GRIEVANCE PROCEDURE 1. An employee shall first present his grievance to his immediate supervisor who shall make careful inquiry into the facts and circumstances of the complaint. The supervisor shall attempt to resolve the problem promptly and fairly. 2. An employee who is dissatisfied with the decision of his supervisor may submit his grievance, in writing, to the department head or elected official. The department head or elected official shall make a separate investigation, and inform the employee, a writing, of his decision

Page 5029

and the reason for it within ten working days after the receipt of the employee's grievance. 2. If the employee is dissatisfied with the decision reached by the department head, he may obtain a review of the matter by the Personnel Officer by requesting, within seven work days, such a review in writing. The Personnel Officer shall, if requested, review all evidence in the matter, interview the employee and all others who may provide a clear understanding of the circumstances, and provide a written report, within 15 working days, to the Chairman of the Board of Commissioners or the appropriate elected official recommending that the Chairman uphold or not uphold the action taken by the employee's supervisor or department head. 4. If the Chairman or elected official upholds the action previously taken by the department head or supervisor, and if the employee wishes to avail himself of the final step, the Personnel Officer shall assist the employee in requesting a review by the Board of Redress. The request for review must be submitted by the employee within 14 workdays. The Board of Redress shall make such investigation, and conduct such hearings as deemed necessary, and shall, within fifteen working days after receipt of the employee's request for review, inform the employee, in writing, of the findings of the Board. The decision of the Board of Redress shall in all cases be final. 5. The employee shall have the right, at all levels of the procedure, to a closed hearing and may be represented at any such hearing. SECTION 5. BOARD OF REDRESS The Board of Redress shall consist of five members. Four shall be appointed for terms of two years, one being appointed by each of the three county commissioners, and one being appointed by the Judge of the Probate Court of Rockdale County. The member appointed by the Judge of the Probate Court shall serve as Chairman of the Board of Redress, and shall otherwise have the same duties and responsibilities as the other members

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of the Board. The fifth member of the Board shall be appointed by the appellant, and shall serve Pro Tempore for the duration of the review of grievance for which appointed only. The members of the Board of Redress shall serve without compensation or remuneration except in unusual cases in which out-of-pocket expenses are incurred by the members, in which cases the Chairman of the Board of Commissioners may, at his own discretion, authorize reimbursement. CHAPTER XI ATTENDANCE AND LEAVE SECTION 1. HOURS OF WORK The hours of operation for each department shall be established by the department head or elected official with the approval of the Chairman of the Board of Commissioners. Each department head or elected official shall schedule their personnel for a minimum 40 hour work week. SECTION 2. HOLIDAYS The following days are designated as holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day. Other work days may be declared holidays by the Board of Commissioners. When a holiday falls on Saturday, the preceding Friday shall be observed as the holidays. When a holiday falls on a Sunday, the holiday shall be observed on the following Monday. Holidays which fall during annual leave shall not be charged against annual leave. SECTION 3. HOLIDAYS FOR PART TIME EMPLOYEES Part-time employees shall not be paid for observed holidays which fall on days for which they were not scheduled to work. When an observed holiday falls on a day which a part-time employee would have been scheduled for work, the part-time employee is eligible for holiday pay, the amount of holiday pay being proportionate to the percentage of a work day which the

Page 5031

part-time employee would have ordinarily been scheduled to work. SECTION 4. ANNUAL LEAVE (VACATION) 1. General. Vacations are for the purpose of rejuvenating both the physical and mental faculties, and all employees are urged to take vacations. No employee shall receive pay for earned vacation time not taken unless prior approval has been given by the Personnel Officer, Finance Department and the Chairman of the Board of Commissioners, and such approval shall not be given without compelling reason. 2. Rate of Accrual. Eligible employees begin to accrue annual leave on employment, although leave may not be taken until the probationary period is successfully completed. During the first year of employment, vacation is earned at the rate of day per month (or six days per year). Employees with over one year, but less than ten years, of service earn vacation time at the rate of one day per month (or twelve days per year). Employees with over ten years of service earn vacation time at the rate of one and days per month (or eighteen days per year). 3. Maximum Allowable Accumulation. Unused annual leave may be accumulated up to twenty days at the end of each fiscal year. Subsequent earned leave must be taken or it is lost at the end of each fiscal year. 4. Payment for Unused Leave. When an employee leaves the service of the county, unused annual leave will be paid for, unless proper notice of resignation was not given as provided in CHAPTER VIII, SECTIONS 4 and 5. 5. Part-Time Employees. Part time employees earn annual leave on a pro-rata basis. 6. Scheduling of Leave. During the month of March of each year the Personnel Officer shall send to each department head a list of employees in that department, and

Page 5032

the amount of annual leave to which each employee is entitled. It is the responsibility of each department head to schedule the leave of his employees. When requests for the same time period preclude the awarding of the leave time requested, the more senior employee within the department will have first choice. 7. Leave Request. (a) Submittal of Request. Under ordinary circumstances, each employee must present all requests for annual leave to his/her immediate supervisor in advance equivalent to the number of days requested. Leave requested for less than eight (8) hours must be submitted in advance at least the number of hours equivalent to the number of hours requested. (b) Annual Leave requests without prior approval. 1. If an emergency prevents prior approval of annual leave the employee must contact his/her immediate supervisor by 9:00 a.m. to report the absence. If the immediate supervisor cannot be reached, the employee should contact and secure the approval of the supervisor next in line of authority. If a supervisor in the line of authority cannot be reached, the employee must contact the Personnel Officer to secure approval. 2. When the employee returns to work, a request for leave is submitted explaining the emergency of the situation. SECTION 5. SICK LEAVE 1. General. Sick leave is an emergency benefit which allows eligible employees time off without loss of pay or benefit's from normally scheduled work for personal or immediate family illness, injury, or related medical care (care or treatment by a physician, dentist or other recognized health profession). No payment for unused sick leave is made when an employee leaves the service of the county. Immediate family is defined in SECTION X and

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such members must normally be a part of the employee's household. 2. Rate of Accrual. Eligible employees earn sick leave at the rate of one day per month (or 12 days per year). 3. Maximum Allowable Accumulation. Unused sick leave may be accumulated up to 45 days. After the maximum has accrued, excess sick leave will be forfeited. 4. Part-Time Employees. Part-time employees earn sick leave on a pro-rata basis. 5. Reporting Sick Leave. The employee shall report to his supervisor the reason for his need for sick leave prior to scheduled work time if possible. If this is not possible, the employee is responsible for seeing that the absence is reported within 30 minutes of the reporting time for work. Failure to do so may be cause for denial of sick leave with pay. Special consideration will be given to bona fide emergency situations. 6. Doctors' Certificate. A medical certificate signed by a licensed physician may be required by the department head to substantiate requests for sick leave in the event of absence consisting of 3 or more consecutive days, or sick leave of any duration if absence from duty occurs frequently or habitually, provided that the employee has been notified that a certificate will be required. 7. When Sick Leave is Exhausted. When sick leave is exhausted, employees may, with the prior approval of the department head, convert unused accumulated annual leave on a day to day basis. When all accumulated annual and sick leave has been used, then with prior approval of the department head and the Personnel Officer are satisfied that the employee is ill. SECTION 6. WORKER'S COMPENSATION Employees are covered under the provisions of the Workmen's Compensation Act of the State of Georgia. If an employee is injured

Page 5034

while on the job, such injury must be reported to the supervisor immediately. The supervisor must report the injury to the Personnel Officer on the day of occurrence. SECTION 7. MILITARY LEAVE Any permanent employee who leaves the service of the county to join the military forces of the United States or is inducted by selective service may upon written request, and with the written approval of the Chairman of the Board of Commissioners, prior to his/her induction into the military be placed on military leave without pay, such leave to extend through a ninety day period after he is released from the military service. Such an employee shall be entitled to be restored to the position which he vacated, provided he makes application within 90 days of the date of honorable discharge, or discharge under honorable conditions, and if mentally and physically capable of performing the work of his position. An employee who is a member of the National Guard or an organized military reserve unit of the United States will be allowed leave of absence with pay not to exceed 30 calendar days during any calendar year to attend such training. SECTION 8. LEAVE WITHOUT PAY Leave of absence without pay may be granted to an employee, upon his/her department head's recommendation, by the Chairman of the Board of Commissioners or the appropriate elected official for a period not to exceed six consecutive months. No accrual of privileges or benefits is allowed for an employee who is on leave of absence. Consideration for leave without pay will be given for reasons such as personal illness or disability, illness or disability of a member of the employee's family, or continuing education. The needs of the county will be the controlling factor. SECTION 9. CIVIL LEAVE An employee shall be given the time off with pay for jury duty or when subpoenaed to appear before any public body or commission. If an employee is released at least two and one half hours prior to the end of his assigned work period he is expected to return to work.

Page 5035

SECTION 10. BEREAVEMENT LEAVE Bereavement leave of up to three (3) calendar days, at discretion of the Department Head or Elected Official, shall be granted with pay for employees in the event of death in the immediate family. It is intended that county employees only use the time required, not that each employee will automatically receive the full three days. For purposes of definition, immediate family includes spouse, parents, sons, daughters, brothers, sisters, grandparents, parents-in-law, brothers-in-law, daughters-in-law, sons-in-law, sisters-in-law, and grandparents-in-law. In the event that more than three calendar days are necessitated for bereavement leave, the employee will be allowed to change such additional days against accumulated sick leave. Bereavement leave is afforded county employees in order that family affairs may be properly attended to, and that grief may be suffered privately. It follows, then, that unused bereavement leave is not accumulated or paid for in any fashion other than as described above. 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 8th day of April, 1980. Finally adopted this 22nd day of April, 1980. Board of Commissioners, Rockdale County, Georgia /s/ Heyward L. Woodward /s/ Herman A. Francis /s/ Ray Magnusson Attest:
Page 5036

/s/ R.N. Sandlin Ex-Officio Clerk Approved as to form: /s/ Sidney Nation County Attorney CERTIFICATION I, Roscoe N. Sandlin, 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 To Create A Board of Commissioners For Rockdale County;... (Ga. L. 1977, Page 2817) and that same was duly adopted by the Board of Commissioners of Rockdale County at a public meeting held on April 8, 1980 (first reading) and April 22, 1980 (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 by hand and affix the seal of the County, this 23rd day of April, 1980. /s/ R.N. Sandlin Ex-Officio Clerk Board of Commissioners Rockdale County AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF ROCKDALE 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: March 27, April 3, 10, 1980. /s/ Jane O. Patterson

Page 5037

LEGAL NOTICE TO THE GENERAL PUBLICHOME RULE AMENDMENT TO HOUSE BILL 610 Please take notice that pursuant to Ga. Code Ann. 2-5901 that the Rockdale County Board of Commissioners pursuant to its County Home Rule power has before it a proposal to amend House Bill 610, Ga. laws 1977, page 2817, by adding thereto a new subsection to Section 13 of the original Act, as amended, to be known as Section 13[e]. 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 the Superior Court will furnish anyone, upon written request, a copy of the proposed amendment. The proposed amendment deals with certain personnel rules and regulations effecting the employees, officers and agents of Rockdale County, Georgia, and, generally, establishes rules providing procedures which will serve as a guide to administrative action concerning the various personnel activities and operations of Rockdale County, Georgia. These rules and regulations are based generally on the merit principle of personnel management and cover all employees in the classified service. These rules and regulations will govern ethics and conduct of County employees, confidential information, gifts and gratuities, political activity, and conflict of interest for County employees. The personnel rules and regulations will also include a classification plan for the systematic grouping of positions into appropriate classes and the rules will likewise provide for the use and interpretation of class specifications, amendments to the position classification plan, classification appeals, and other matters. The personnel rules and regulations will likewise encompass the composition of the pay plan for County employees, maintenance of the plan, classification of new employees in terms of rates of pay, promotion, demotion, salary reviews, overtime compensation and other matters. The personnel rules and regulations will likewise cover recruitment and selection of employees, employee opportunities, vacant positions, recruitment for vacant positions, public works temporary positions, the types of application forms to be used, disqualification of the applicants, selection of new personnel, appointive status of department heads, and other matters.

Page 5038

The personnel rules and regulations will likewise cover methods of appointment of employees, both regular and temporary appointment. Rules are specified for limited term appointments, emergency appointments, and other matters. The personnel rules and regulations also will provide guidelines concerning probationary employees, the duration of probation, evaluation of performance of new employees, dismissal of employees during probationary period, promotional probation, and achievement of status as permanent employees. The personnel rules and regulations will cover separation of employees from service, including classification of types of separation, County property and its return, rights of employees, resignation, compulsory resignation, layoff, disability, loss of job requirements, death of employees, dismissal of employees, dismissal of appointive department heads and other matters. The personnel rules and regulations will likewise encompass types of disciplinary action for employees, including verbal reprimand, written reprimand, suspension and-or dismissal. The personnel rules and regulations will likewise specify the standards or reasons for disciplinary action, as well as rules for maintenance of personnel files. The personnel rules and regulations will cover grievances and appeals for employees who feel inequitably treated, including establishment of a policy allowing grievances and appeals, definition of appeals, establishment of a detailed grievance procedure, establishment of a board of redress to hear grievances and other matters. The personnel rules and regulations will likewise cover attendance and leave policies for employees, including hours of work, holidays, holidays for part-time employees, vacation and annual leave, rate of accrual of vacation time, maximum allowable accumulation of vacation time, payment for unused leave, part-time employees accrual of leave, rules for scheduling of leave, leave request forms and submissions, rules government sick leave for different classifications of employees and accrual thereof. Worker's compensation rules, military leave, leave without pay, civil leave and bereavement leave are likewise covered under the proposed personnel rules and regulations.

Page 5039

This Notice is intended as only a synopsis of the proposed amendment. Your attention is invited to the complete copy on file in the Rockdale County Clerk of Superior Court's office. 3tcM27,A3,10 Sworn to and subscribed before me this 23rd day of April, 1980. /s/ Laura J. Yarberry Notary Public Filed in the Office of Secretary of State April 28, 1980. 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 elections, qualifications, 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 referendum; to provide for effective dates; and for other purposes; (Ga. Law 1977, p. 2817); as amended; by amending section 8 of the original Act as now amended to be known as section 8; 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 the County Home Rule Authority under Ga. Const., Art. IX, Sec. II, Ga. Code Ann. Chapter 2-59, the Board of Commissioners hereby amends an Act of the General Assembly,

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Ga. Law 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 elections, qualifications, 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 referendum; to provide for effective dates; and for other purposes. (Ga. Law 1977, p. 2817); as amended. Section 8 of said Act, as amended, reads as follows: Section 8, Meetings: The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at the County seat at 10:00 o'clock A.M. on the second Tuesday and 7:00 o'clock P.M. on the fourth Tuesday, which meeting shall be open to the public, and may hold such additional meetings as shall be necessary when called by the Chairman or any two Commissioners, provided all members of the Commission shall have been notified at least one (1) day in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any two Commissioners or the Chairman and any one Commissioner shall constitute a quorum, but no official action shall be taken except under the affirmative vote of at least two commissioners or one commissioner and the Chairman. The Chairman shall be entitled to the same voting rights as other commissioners on questions considered by the Commission. Said Section 8 shall be further amended to read as follows: Section 8, Meetings: The Commission shall hold regular meetings on the second and fourth Tuesdays of each month at the County seat at 7:00 o'clock P.M. on the second Tuesday and 7:00 o'clock P.M. on the fourth Tuesday, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the

Page 5041

Chairman or any two Commissioners, provided all members of the Commission shall have been notified at least one (1) day in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any two Commissioners or the Chairman and any one Commissioner shall constitute a quorum, but no official action shall be taken except under the affirmative vote of at least two commissioners or one commissioner and the Chairman. The Chairman shall be entitled to the same voting rights as other Commissioners on questions considered by the Commission. SECTION 2 This Ordinance shall become effective on the 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 14th day of October, 1980. Finally adopted this 28th day of October, 1980. Board of Commissioners, Rockdale County, Georgia /s/ Heyward L. Woodward /s/ Charles Trollinger /s/ Richard E. Robinson Attest: /s/ R.N. Sandlin Ex-Officio Clerk Approved as to form: /s/ Sidney Nation County Attorney

Page 5042

AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF ROCKDALE 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: October 2, 9, 16, 1980. /s/ Jane O. Patterson LEGAL HOME RULE AMENDMENT Pursuant to the County Home Rule Authority under the Ga. Const. Art. IX, Sec. II, requiring the publication in the official county organ of a synopsis of proposed amendments as to Ga. Law 1977, 2817, the Board of Commissioners hereby proposes to amend an Act of the General Assembly, Ga. Law 1977, p. 2817, by changing the regular meeting of the Commission on the second Tuesday of each month at the County seat from a beginning time of 10:00 o'clock A.M. to a beginning time of 7:00 o'clock P.M. A copy of the proposed amendment is on file with the Office of the Clerk of the Superior Court of Rockdale County for the purpose of examination and inspection by the public. Nation, Maddox Starnes 920 Center Street Conyers, Georgia 30207 County Attorney for Rockdale County Sworn to and subscribed before me this 7th day of November, 1980. /s/ Jenell Orr Notary Public CERTIFICATION I, Roscoe N. Sandlin, Ex-Officio Clerk of the Board of Commissioners

Page 5043

of Rockdale County, hereby certify that the foregoing is a true and correct copy of an original ordinance entitled: #1980-22 An ordinance to amend an act entitled An Act to create a Board of Commissioners for Rockdale County;and that ordinance #1980-22 was duly adopted by the Board of Commissioners of Rockdale County at a public meeting held on October 14, 1980 and October 28, 1980 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 by hand and affix the seal of the County, this 3rd day of November, 1980. /s/ Roscoe N. Sandlin Ex-Officio Clerk Board of Commissioners Rockdale County (SEAL) Filed in the Office of Secretary of State November 12, 1980.

Page 5045

CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

Page 5046

CITY OF ALBANYCONTRACTS WITH STADIUM AUTHORITY. An Ordinance 80-109 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 extend the maximum time of contracts with Albany Stadium Authority; 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. Paragraph (22) of section 34 of the charter of the City of Albany (Georgia Law 1964, p. 2009) is hereby repealed, and a new paragraph (22) of Section 34 is substituted in lieu thereof, to read as follows: The City of Albany shall have the power to convey all of its interests in that certain real estate located in said city, upon which is located Mills Memorial Stadium and which is bounded by Stadium Drive, Van Buren Drive, Society Avenue and Tift Avenue, together with the improvements thereon, to Albany Stadium Authority, and, 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 up to but not exceeding 50 years. Said city is further specifically authorized to make payments or contributions to said Stadium Authority as may be called for by said contracts for the use of the facilities of said Stadium Authority by the city and to provide funds for the maintenance thereof by the Authority. (Ga. Laws 1964, p. 2009, 1) Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.

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Section 3. All charter provisions and laws or parts of charter provisions and laws in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Susan L. Alford Clerk Adopted: 1-22-80 Adopted: 2-12-80 I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk Legal Notice Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to repeal paragraph (22) of section 34 of the charter of the City of Albany, Georgia and to ordain a new paragraph (22) so as to extend the maximum time of contracts with Albany Stadium Authority. A copy of said ordinance is on file in the office of the Clerk of the City of Albany, Georgia, and a copy thereof is also on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinance is available at either of said places for the purpose of examination or inspection by the public. City of Albany By: James V. Davis City Attorney Jan. 11, 18, 25, 1980

Page 5048

Affidavit of Publisher State of Georgia County of Dougherty 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: January 11, 18, 25, 1980. /s/ Barbara C. Jones Sworn to and subscribed before me this 29th day of February, 1979. /s/ Pauline Buckner Notary Public My Commission Expires May 24, 1981 Filed in the Office of Secretary of State March 4, 1980. CITY OF ALBANYCITY MANAGER. An Ordinance 80-117 Entitled An Ordinance adopted pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Albany, Georgia, and Act #105, Georgia Laws 1943, pages 1154-1158 (related laws, article A, entitled Pensions, Code of the City of Albany), so as to provide for the

Page 5049

transfer of pension fund interests and equities of newly employed city managers to the City of Albany pension fund; to authorize the board of commissioners to give credit for prior years of public service; 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. The Charter of the City of Albany, Georgia, and Act #105, Georgia Laws 1943, pages 1154-1158 (Related Laws, Article A, Entitled Pensions, Code of The City of Albany), relating to Albany Employees' Pensions, as amended, are further amended by adding the following additional provision: The Board of Commissioners of the City of Albany may from time to time by ordinance provide for the transfer to the City of Albany Pension Fund of the interest or equity of any newly employed city manager in any and all other employee pension trusts or funds, public or private, upon such terms and conditions as said Board shall determine to be appropriate. Said Board shall also have the power to vest in such newly elected city manager credit for prior years of public service equal to the total number of years of such service, or any part thereof, either upon such transfer, or upon such other terms and conditions as the Board shall determine to be appropriate. 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, Sr. Mayor

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Attest: /s/ Joann Pope City Clerk Adopted: 2-12-80 Adopted: 2-26-80 I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk Affidavit of Publisher State of Georgia County of Dougherty 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: January 18, 25, February 1, 1980. /s/ Barbara C. Jones Sworn to and subscribed before me this 29th day of February, 1980. /s/ Pauline Buckner Notary Public My Commission Expires May 24, 1981 Legal Notice Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance adopted pursuant to the

Page 5051

provisions of the Municipal Home Rule Act of 1965, as amended, amending the Charter of the City of Albany, Georgia, and Act No. 105, Georgia Laws 1943, pages 1154-1158 (Related Laws, Article A, entitled Pensions, Code of the City of Albany), so as to provide for the transfer of pension, fund interests and equities of newly employed city managers under prior pension plans to the City of Albany Pension Fund and to authorize the Board of Commissioners to give credit for prior years of public service. A copy of said ordinance is on file in the office of the Clerk of the City of Albany, Georgia, and a copy thereof is also on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinance is available at either of said places for the purpose of examination or inspection by the public. City of Albany James V. Davis City Attorney January 18, 25; Feb. 1, 1980 Filed in the Office of Secretary of State March 4, 1980. CITY OF ARLINGTONRECORDER. An Ordinance to amend Section 6.02 (a) of the Charter of the City of Arlington, Georgia relating to the qualifications required for the office of the recorder, all pursuant to authority granted in the Municipal Home Rule Act (Georgia Code Annotated Section 69-1017). Whereas, the increasing complexity of the law has created a situation that requires qualifications in the office of Recorder that were not contemplated by the draftsmen of the present Charter of the City of Arlington, Georgia, and

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Whereas, the provisions of the Charter of the City of Arlington, Georgia relating to the qualifications for the office of Recorder are such that it has become impracticable to find qualified candidates, Therefore, be it ordained, by the mayor and council of the City of Arlington, Georgia, that Section 6.02 (a) of the charter of the City of Arlington, Georgia is hereby amended to read as follows: (a) No person shall be qualified or eligible to serve as Recorder unless: (1) He (she) shall have attained the age of 21 years, and (2) He (she) shall be qualified and registered to vote in one of the counties that comprise the Pataula and South Georgia Judicial Circuits; and (3) He (she) shall be either a person licensed to practice law in the State of Georgia, a duly elected Judge of the Probate Court of a county included in the Pataula and South Georgia Judicial Circuit, or a duly elected and qualified Justice of the Peace of a county included in the Pataula and South Georgia Judicial Circuit. The Recorder shall be appointed by the mayor and council and shall serve at the discretion of the mayor and council. The compensation of the Recorder shall be fixed by the mayor and council. City of Arlington, Ga. By: /s/ Bruce E. Ward Mayor
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Attest: /s/ Eugenia Cheney City Clerk 1st Reading 8-12-80 2nd Reading 8-12-80 3rd Reading 9-9-80 Effective Date 9-15-80 State of Georgia County of Early Before me, the undersigned attesting officer, came W. W. Fleming, who, on oath, deposes and says that he is the publisher and editor of the Early County News, the official organ of Early County, Georgia and the Calhoun Courier, the official organ of Calhoun County, Georgia and as such he affirms that the Notice of Amendment to the charter of the City of Arlington, Georgia, which is shown on the attached Exhibit A was duly published in both the Early County News and the Calhoun Courier on August 14, 1980, August 21, 1980 and August 28, 1980. /s/ W. W. Fleming Publisher Editor of Early County News Calhoun Courier Sworn to and subscribed before me, this 11 day of September, 1980. /s/ Jack W. Smith Notary Public My Commission Expires December 6, 1982 Amendment to the Charter of the City of Arlington, Georgia This is to notify all persons concerned that the mayor and council of the City of Arlington, Georgia are considering an ordinance which will amend the charter of the City of Arlington, Georgia and revise the qualifications for the office of recorder. A complete example of the ordinance may be inspected in the office of the city clerk of Arlington, clerk of Superior Court of

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Early County and clerk of Superior Court of Calhoun County. s/Eugenia J. Cheney Eugenia Cheney, City Clerk E-8-21-3tc Exhibit A Filed in the Office of Secretary of State September 15, 1980. Approved, this 9th day of Sept., 1980. CITY OF ATLANTAFIRE CHIEF AND CHIEF OF POLICE. An Ordinance 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 8, Section 8-105 of the charter of the City of Atlanta, Georgia, as amended; to provide that the director of the bureau of police services and the director of the bureau of fire services shall be known as the police chief and fire chief respectively; to provide that the police chief and fire chief shall be appointed by the mayor and confirmed by the council; 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. 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 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

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to this ordinance prior to its final adoption by the Council of the City of Atlanta. Section 2. Article 8, Section 8-105 of the charter of the City of Atlanta, Georgia, (Ga. L. 1973, p. 2188, et seq., as amended, approved March 16, 1973), is hereby amended by repealing subsection (b) in its entirety, which presently reads as follows: (b) Each department or office shall be under the direct supervision and control of a director appointed by the mayor, each of whom shall be in the unclassified civil service, and shall be subject to the detailed direction and supervision by the department head of said department. Each bureau or office director shall be appointed to a term of four (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 by the method as provided for above. and by substitution in lieu thereof a new subsection (b) which shall read as follows: (b) Each bureau of office shall be under the direct supervision and control of a director appointed by the mayor, each of whom shall be in the unclassified civil service, and shall be subject to the detailed direction and supervision by the department head of said department; provided, however, that the director of the bureau of police services and the director of the bureau of fire services shall be known as the chief of police and fire chief respectively, and whenever the phrase bureau director appears herein the same applies to the chief of police and fire chief, unless expressly excepted herein; and provided further that said chief of police or fire chief shall, when delegated by the commissioner of the department of public safety, have all the power and authority of a department head with regard to the operation of the bureau of police services and the bureau of fire services so as to supervise the day-to-day operation of all divisions, units and commands in the bureau of police services and the bureau of fire

Page 5056

services and he or she shall be responsible for the recommendation, implementation and enforcement of rules, regulations and procedures affecting said bureaus; and provided further that said police chief and fire chief shall be appointed by the mayor and confirmed by the council. Each bureau 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 the bureau director position shall be filled for the unexpired portion of the term by the method as provided above. so that, as amended, Section 8-105 shall read as follows: (a) Each department operating under executive branch may be divided into bureaus. (b) Each bureau or office shall be under the direct supervision and control of a director appointed by the mayor, each of whom shall be in the unclassified civil service, and shall be subject to the detailed direction and supervision by the department head of said department; provided, however, that the director of the bureau of police services and the director of the bureau of fire services shall be known as the chief of police and fire chief respectively, and whenever the phrase bureau director appears herein the same applies to the chief of police and fire chief, unless expressly excepted herein; and provided further that said chief of police and fire chief shall, when delegated by the commissioner of the department of public safety, have all the power and authority of a department head with regard to the operation of the bureau of police services and the bureau of fire services so as to supervise the day-to-day operation of all divisions, units and commands in the bureau of police services and the bureau of fire services and he or she shall be responsible for the recommendation, implementation and enforcement of rules, regulations and procedures affecting said bureaus; and provided further that said police chief and fire chief shall be appointed by the mayor and confirmed by the council. Each bureau 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

Page 5057

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 above. Section 3. This Act shall become effective upon its approval by the Mayor or upon its becoming law without approval. Section 4. All laws and parts of laws in conflict with this law are hereby repealed. Adopted by City Council June 16, 1980. Returned to Clerk with out action by the Mayor. Approved Per Sec. 2-403 of the 1974 A true copy /s/ Jerry 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 Article III, Chapter 3 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 director of the Bureau of police services and the director of the bureau of fire services shall be known as the chief of police and fire chief respectively; to provide that the chief of police and fire chief shall be appointed by the mayor and confirmed by the council; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the clerk of council of the City of Atlanta and in the offices of the clerks of the superior courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

Page 5058

This 26th day of June, 1980. /s/ Jerry C. Bearden Deputy Clerk of Council City of Atlanta Exhibit A Publisher's Certificate State of Georgia County of DeKalb 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 to Amend Article III, Chapter 3 of the City of AtlantaChiefs appointed by Mayor, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29, 5, 12th day of May, June, 1980. /s/ Gerald W. Crane Co-publisher (by) /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 June, 1980. /s/ Samme Johnson Notary Public My commission expires Jan. 4, 1982. (Seal)

Page 5059

Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend Article III, chapter 3 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 director of the bureau of police services and the director of the bureau of fire services shall be known as the chief of police and fire chief respectively; to provide that the chief of police and fire chief shall be appointed by the mayor and confirmed by the council; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the clerk of council of the City of Atlanta and in the offices of the clerks of the superior courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 23rd day of May, 1980. Larry M. Dingle Deputy Clerk of Council City of Atlanta 27-9972, 5/29-6/12 Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that 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 29 days of May, 1980, and on the 5, 12 days of June, 1980. As provided by law. /s/ Frances K. Beck

Page 5060

Subscribed and sworn to before me this 13 day of June, 1980 /s/ Maiodis F. Palmer Notary Public My Commission Expires Nov. 17, 1983 Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend Article III, chapter 3 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 director of the bureau of police services and the director of the bureau of fire services shall be known as the chief of police and fire chief respectively; to provide that the chief of police and fire chief shall be appointed by the mayor and confirmed by the council; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the superior courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 29th day of May, 1980. Larry M. Dingle Deputy Clerk of Council City of Atlanta Exhibit A May 29 June 5 12 1980x City of Atlanta Clerk of Council 00257

Page 5061

Affidavit of Publication State of Georgia County of Fulton 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 May 29, June 5 and 12, 1980. /s/ Janet Schwartz Sworn to and subscribed before me, This 18th day of June, 1980. /s/ Jack A. Donlay Notary Public My Commission Expires Aug. 16, 1981 Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend Article III, chapter 3 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 director of the bureau of police services and the director the bureau of fire services shall be known as the chief of police and fire chief respectively; to provide that the chief of police and fire chief shall be appointed by the mayor and confirmed by the council; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of

Page 5062

the clerks of the superior courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 29th day of May, 1980. Larry M. Dingle Deputy Clerk of Council City of Atlanta Filed in the Office of Secretary of State June 27, 1980. CITY OF ATLANTABILLIARD ROOMS. 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 paragraph (18) of appendix I 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 for the regulation and control of billiard rooms; to repeal conflicting laws and ordinances; and for other purposes. Be it Ordained and enacted by the council of the City of Atlanta, Georgia as follows: Section 1. That Paragraph (18) of Appendix I of the charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, which paragraph reads as follows: (18) To regulate or prohibit junk dealers; to regulate and control pawn shops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property;

Page 5063

shall be amended so that Paragraph (18), when amended shall read as follows: (18) To regulate or prohibit junk dealers; to regulate and control billiard rooms; to regulate and control pawn shops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the office of the clerk of council and 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 ordainance 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 July 21, 1980 A true copy, /s/ Jerry 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 paragraph (18) of Appendix I of the charter of the

Page 5064

City of Atlanta (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to provide for the regulation and control of billiard rooms; 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 County, Georgia, for purposes of examination and inspection by the public. This 20th day of June, 1980. /s/ Larry M. Dingle Clerk of Council City of Atlanta Exhibit A Affidavit of Publication State of Georgia County of Fulton 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 July 3, 10, and 17, 1980. /s/ Janet Schwartz Sworn to and subscribed before me, This 29th day of July, 1980.

Page 5065

/s/ Jack A. Donley Notary Public My Commission Expires Aug. 10, 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 paragraph (18) of Appendix I of the charter of the City of Atlanta (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to provide for the regulation and control of billiard rooms; 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 County, Georgia, for purposes of examination and inspection by the public. This 20th day of June, 1980. Larry M. Dingle, Clerk of Council City of Atlanta Publisher's Certificate State of Georgia County of DeKalb 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 City of Atlanta, Paragraph 18 of Appendix I, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3, 10, 17th day of

Page 5066

July, 1980. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. 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 17th day of July, 1980 /s/ Samme Johnson Notary Public 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 paragraph (18) of appendix I of the charter of the City of Atlanta (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to provide for the regulation and control of billiard rooms; 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 County, Georgia, for purposes of examination and inspection by the public. This 20th day of June, 1980. Larry Dingle, Clerk of Council City of Atlanta 27-687, 7/3-7/17

Page 5067

Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the treasurer 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 3, 10, 17 days of July, 1980, and on the..... days of....., 19...... As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me this 18th day of July 1980. /s/ Maiodis F. Palmer Notary Public My Commission Expires Nov. 17, 1983 Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend paragraph (18) of appendix I of the charter of the City of Atlanta (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to provide for the regulation and control of billiard rooms; 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 County, Georgia, for purposes of examination and inspection by the public.

Page 5068

This 20th day of June, 1980. Larry Dingle Clerk of Council City of Atlanta July 3 10 17 1980 Filed in the Office of Secretary of State August 8, 1980. Approved by the Mayor July 29, 1980 CITY OF ATLANTADEPARTMENTS. 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 of an ordinance to amend an ordinance entitled An Ordinance specifying the names of the executive branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department including professional and technical qualifications of each department head, adopted June 19, 1978, and approved June 22, 1978, so as to provide for the creation and establishment of the duties of the office of telecommunications in the department of the mayor; and for other purposes. Be it ordained and enacted by the council of the City of Atlanta as follows: Section 1: That section 8 of the above cited ordinance be amended so that it shall read as follows: Section 11. Department of the Mayor. (a) The Department of the Mayor shall consist of nine (9) offices: 1. Office of Management Systems

Page 5069

2. Office of Employment and Training 3. Office of General Services 4. Office of Equal Opportunity 5. Office of Consumer Affairs 6. Office of Purchasing and Real Estate 7. Office of Motor Transport Services 8. Office of Economic Development 9. Office of Telecommunications Section 2: That that portion of section 8 of the above cited ordinance entitled section 11(b), outlining the functions and duties of the Department of the Mayor is amended by adding the following language to that section: (24) Refining and developing alternatives and recommendations for a communications plan and policy for action by the Mayor and City Council. (25) Monitoring and regulating provisions of service and rates charged by any and all CATV franchises in accordance with written contracts and approved regulations. (26) Interfacing with the private CATV industry, the state government, the federal government and private citizens (handling user complaints). Acting as both a coordinator and disseminator of information affecting the city's plans and policies in the cable area. (27) Actively and continuously pursuing state and federal financing grants for operation and experimentation. (28) Advising the Mayor and City Council as to the suitability of beginning, renewing, assigning, transferring or terminating any and all CATV franchises in accordance with written contracts and approved regulations. (29) Performing an ongoing needs assessment to update information-transfer capabilities of the Atlanta City Government; establishing a comprehensive radio communications plan; and coordinating the integration of radio, cable and computers for transmitting data and information.

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(30) Serving as staff to the Citizens CATV Advisory Board. 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 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. Adopted as amended by Atlanta City Council August 4, 1980 Approved August 8, 1980 A true copy, /s/ Larry M. Dingle 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 of an ordinance to amend an ordinance entitled An Ordinance specifying the names of the executive branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, adopted June 19, 1978, and approved June 22, 1978, so as to provide for the creation and establishment of the duties of the office of telecommunications in the Department of the Mayor; 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

Page 5071

clerks of the superior courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 8th day of July, 1980 /s/ Larry M. Dingle Clerk of Council City of Atlanta Affidavit of Publication State of Georgia County of Fulton 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 July 17, 24, and 31, 1980. /s/ Janet Schwartz Sworn to and subscribed before me, This 5 day of August, 1980. /s/ Jack A. Donley Notary Public My Commission Expires Aug. 16, 1981 Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public

Page 5072

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 amendment to Atlanta city charter, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 17, 24, 31st day of July, 1980. /s/ Gerald W. Crane Co-Publisher (by) /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 31st day of July, 1980. /s/ Samme Johnson Notary Public 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 of an Ordinance to amend an Ordinance entitled An Ordinance specifying the names of the executive Branch of the Government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, adopted June 19, 1978, and approved June 22, 1978, so as to provide for the creation and establishment of the duties of the office of telecommunications in the Department of the Mayor; and for other purposes. A copy of the proposed amendment is on file in the office of

Page 5073

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 8th day of July, 1980. Larry M. Dingle Clerk of Council City of Atlanta 27-1100,7/17-7/31 Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 17, 24, 31 days of July, 1980, and on the..... days of....., 19...... As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 1 day of August, 1980. /s/ Maiodis F. Palmer Notary Public My Commission Expires Nov. 17, 1983 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 of an ordinance to amend an Ordinance entitled An Ordinance specifying the names of the executive branch of the government, setting forth the duties and functions

Page 5074

of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, adopted June 19, 1978 and approved June 22, 1978, so as to provide for the creation and establishment of the duties of the office of telecommunications in the Department of the Mayor; 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 courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 8th day of July, 1980. Larry Dingle Clerk of Council City of Atlanta July 17 24, 31 1980 Filed in the Office of Secretary of State August 22, 1980. CITY OF BOSTONCHIEF OF POLICE. An Ordinance to amend the charter for the City of Boston, Georgia approved August 2, 1921, as amended by Act approved August 18, 1923, as amended by Act approved April 12, 1963. Whereas, the city charter presently provides that the city marshall, who shall also be the chief of police, shall be a qualified voter and resident of the City for twelve (12) months prior to his selection and appointment, and Whereas, said provision is unduly restrictive, prohibits the city from considering applications of otherwise qualified personnel with law enforcement experience and could result in no qualified

Page 5075

applicants being available, and Whereas, said provision may be unenforceable as violative of Georgia Law, and Whereas, other modifications of section 7 of the city charter are desired, Now therefore, be it resolved that the charter for the City of Boston, Georgia approved August 2, 1921, as amended by act approved August 18, 1923, as amended by act approved April 12, 1963 is hereby amended by striking section 7 in its entirety and by inserting in lieu thereof a new section 7 to read as follows: Section 7. Be it further resolved and enacted that the City of Boston, Georgia shall have a marshall, who shall also be chief of police, and who shall serve at the pleasure of the mayor and council or until his successor is duly selected. The mayor and council shall select and appoint the marshall and chief of police at its first meeting in any calendar year and said marshall and chief of police, unless earlier suspended or discharged, shall serve until the first meeting of the succeeding calendar year and until his successor is duly selected. In the event of a vacancy in said office for any reason during any calendar year the mayor and council shall select and appoint a replacement who shall serve until the first meeting of the mayor and council in the next succeeding calendar year and until his successor is duly selected and appointed, as aforesaid. Any charter provisions or parts thereof in conflict with this amendment are hereby repealed to the extent of the conflict. The above and foregoing ordinance was duly adopted by the council of the City of Boston, Georgia as an amendment to the city's charter pursuant to Georgia Code Annotated section 69-1017, the first reading of said ordinance having been at the regular meeting of the council held on November 12, 1979 and the second reading having been at the regular meeting of the council held on December 10, 1979. /s/ James E. Murphy, Jr. Mayor

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/s/ Norma Ritter Clerk Affidavit of Publication Georgia, Thomas County To Whom it May Concern: Personally appeared before the undersigned, Eugene S. Dunifon, advertising director of the Thomasville Times-Enterprise, a newspaper published daily except Sundays and Christmas and having a general circulation in Thomasville, Thomas County, Georgia, deposes and swears that `Notice of Charter Amendmentto amend section 7 of the city's charter' appeared in said newspaper in its issues of November 16, 23 and 30, 1979. /s/ Eugene S. Dunifon Advertising Director Sworn to and subscribed this 22nd day of January /s/ Leau Sampson Notary Public Residing in Thomas County My Commission Expires Feb. 16, 1980 Notice of Charter Amendment Notice is hereby given that the Council of the City of Boston, Georgia proposes to amend Section 7 of the city's charter so as to delete the qualification requirement that the marshall, who shall also be chief of police, be a qualified voter and a resident of the city for twelve months prior to his selection and appointment, and to clarify that the marshall and chief of police holds office at the pleasure of the Council. A copy of the proposed charter amendment is on file in the office of the city clerk in city hall and in the office of the clerk of the superior court of Thomas County Georgia for the purpose of examination and inspection by the public.

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Consideration of said proposed amendment for final adoption will be an order of business at the regular meeting of the Council of Boston, Georgia to be held on December 10, 1979 at 7:30 o'clock P.M. in the City Hall of Boston, Georgia. City of Boston Georgia By: Oscar T. Cook, Jr. City Attorney Filed in the Office of Secretary of State February 19, 1980. CITY OF COVINGTONCORPORATE LIMITS. An Ordinance to be entitled 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 additional provisions to section 4 of the charter of the City of Covington specifying that the territorial boundaries of the City of Covington shall include not only the areas specified in said section 4, but also all areas now or subsequently annexed into the corporate limits by annexation ordinances, to provide for an effective date therefor 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 additional provisions to Sec. 4. Territorial Boundaries, which will provide for the addition of extra territory into the corporate limits of the City of Covington by annexation ordinance, so that after amendment, the aforesaid

Page 5078

section 4 of the charter of the City of Covington, Georgia, shall read as follows: Sec. 4. Territorial Boundaries. The corporate limits of the city shall extend for a radius of 1 and 3/4 miles from the center of the Confederate Monument in the public square of the city, except that portion in said radius incorporated in the Town of Oxford. The corporate limits of the city shall also include all property contiguous to the corporate limits described in the preceding sentence and now or hereinafter annexed into the corporate limits by the mayor and council of the city pursuant to annexation ordinances duly adopted by the mayor and council pursuant to applicable laws of the State of Georgia. 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 April 7, 1980. First offered and adopted on the 17th day of March, 1980, and again adopted on this the 7th day of April, 1980, the next regularly scheduled meeting of the mayor and council of the City of Covington succeeding its regularly scheduled meeting of March 17, 1980. The City of Covington By: /s/ W. L. Dobbs Mayor Attest: /s/ Betty L. Schell City Clerk (City Seal) Affidavit of Publication State of Georgia County of Newton Personally appeared before the undersigned officer, Leo S. Mallard, who says on oath that he is president of The Covington

Page 5079

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 March 6, 1980, March 13, 1980, and March 20, 1980, editions of The Covington News. /s/ Leo S. Mallard Sworn to and subscribed before me, this 25th day of March, 1980. /s/ Jerry D. Bouchillon Notary Public State of Ga. at Large 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 4 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 specify that the territorial boundaries of the City of Covington shall include those areas currently within the corporation limits of the City of Covington as well as all property contiguous to the existing city limits which is now or hereinafter annexed into the corporate limits by the Mayor and council of the city pursuant to annexation ordinances duly adopted under applicable laws of the State of Georgia. A copy of the proposed amendment is on file with the city clerk, Mrs. Betty L. Schell, at city hall, Covington, Georgia, and in the office of the clerk of superior court of Newton County, Georgia, Newton County Courthouse, Covington, Georgia, for the purpose of examination and inspection by the public. The city clerk shall furnish anyone, upon request, a copy of the proposed amendment.

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The City of Covington By [Mrs.] Betty L. Schell City Clerk Exhibit A Filed in the Office of Secretary of State April 4, 1980. CITY OF COVINGTONUTILITY RATES. An Ordinance to be entitled 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 1972, page 2003) as amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) as amended, by adding additional provisions to section 16 of the charter of the City of Covington, Georgia, specifying that the City of Covington shall have the authority by ordinance to impose a product cost adjustment that will automatically adjust the city's billing for natural gas and/or electricity sales for fluctuations in product costs charged to the city by its electricity and/or natural gas suppliers, to repeal conflicting provisions, to provide for an effective date, 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 as follows: 1. Sec. 16 UtilitiesFurnishing Services and Facilities. of the Charter of Covington, Georgia, is hereby amended

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to expressly authorize the city by ordinance to impose a product cost adjustment that will automatically adjust the city's billings for natural gas and/or electricity sales for fluctuations in product costs charged to the city by its electricity and/or natural gas suppliers by adding additional provisions to the aforesaid Sec. 16 so that after amendment, Sec. 16 of the charter of the City of Covington shall read as follows: Sec. 16. UtilitiesFurnishing Services and Facilities. The city shall have the power and authority to operate, enlarge, expand, extend, improve, construct, lay, maintain, remove, repair and replace water, electric and natural gas lines, sewer and sanitary systems and facilities, within and without the city, and to charge, contract for and receive compensation for such service, and on such terms and conditions as may be prescribed by the city ordinance, and for such purposes the city shall have the power of eminent domain which it is hereby authorized to exercise to acquire by condemnation any lands, easements, rights-of-way and other properties or rights therein deemed needful or convenient for any purposes when necessary to acquire the same; provided however, nothing contained herein shall prohibit the city from passing utility rate ordinances incidental to the operation of the city's electric and natural gas systems that automatically adjust the city's billing for natural gas and/or electricity sales for fluctuations in product costs charged to the city by its electricity and/or natural gas suppliers. The city is expressly authorized to establish from time to time by ordinance, a procedure for imposing a product cost adjustment that will automatically adjust the city's billings for natural gas and/or electricity sales for fluctuations in the product cost charged to the city by its electricity and/or natural gas suppliers. 2. All provisions of the charter of the City of Covington in conflict with this ordinance are hereby expressly repealed. 3. This ordinance shall become effective upon complete compliance with section 6 of the Municipal Home Rule Act of 1965

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(Georgia Laws 1965, pages 298, 307); however, in no event shall this ordinance become effective prior to November 17, 1980. First offered and adopted on the 20th day of October, 1980, and again adopted on this the 3rd day of November, 1980, the next regularly scheduled meeting of the Mayor and Council of the City of Covington succeeding its regularly scheduled meeting of October 20, 1980. The City of Covington By /s/ W. L. Dobbs Mayor Attest: /s/ Betty L. Schell City Clerk (City Seal) Affidavit of Publication State of Georgia County of Newton Personally appeared before the undersigned officer, Leo S. Mallard, who says on 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 October 16, October 23 and October 30, 1980, editions of The Covington News. /s/ Leo S. Mallard Sworn to and subscribed before me, this 31st day of October, 1980.

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/s/ Cherie W. Agnes Notary Public My Commission Expires Nov. 1, 1983 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 16 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 by ordinance to impose a product cost adjustment that will automatically adjust the city's billings for natural gas and/or electricity sales for fluctuations in product costs charged to the city by its electricity and/or natural gas suppliers. A copy of the proposed amendment is on file with the city clerk, Mrs. Betty L. Schell, at City Hall, Conyers Street, Covington, Georgia, and in the office of the clerk of superior court of Newton County, Newton County Courthouse, Covington, Geogia, 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 City Clerk Filed in the Office of Secretary of State November 6, 1980. CITY OF EAST POINTRETIREMENT SYSTEM. Home Rule Ordinance An Ordinance to amend an Ordinance adopted pursuant to

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the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) amending the municipal charter of the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof and particularly that Act and ordinance adopted on June 19, 1975, establishing a new retirement system for the employees of the City of East Point, Georgia, enrolled in Georgia Laws 1976 (Ga. L. 1976, p. 4561, et seq.) to provide for a reduction of the employees contribution to the plan; to provide certain retirement benefits to school crossing guards; to provide for severability; to repeal conflicting laws and ordinances; and for other purposes. Be it ordained by the mayor and council of the City of East Point, 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.) as amended and particularly that Act approved June 19, 1975 (Ga. L. 1976, p. 4561, et seq.) is hereby further amended as hereinafter more particularly set forth. Section 2. Section 1(a) of Article VIII of that particular Home Rule Ordinance adopted June 19, 1975 (Ga. L. 1976, p. 4592) is hereby stricken in its entirety and there shall be inserted in lieu thereof a new Article VIII, Section 1(a) which shall read as follows: Article VIIIContributions Section 1Participant Contributions (a) Each participant shall contribute monthly two and one-half percent of his earnings. The amount of each participant's contribution shall be deducted from his pay by the City. In no event shall a participant's contribution exceed fifty (50%) percent of the total cost of his acrued benefits under the Plan. Section 3. Article III, Section 1 (CLASS 1) of that particular Home Rule Ordinance adopted June 19, 1975 (Ga. L. 1976, p. 4574) is hereby striken in its entirety and there shall be inserted in lieu thereof a new Article III, Section 1 (CLASS 1) which shall read as follows:

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Article IIIEligibility, Qualification and Participation Section 1Ineligible Classes of Employees. CLASS 1Employees who regularly work less than thirty (30) hours per week in the service of the City or any person employed for less than eleven (11) months in any year, or on a retainer or fee basis, except that school crossing guards employed on or before Jun 21, 1975, shall not by this section be ineligible for participation in the Plan. Section 4. Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The city council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 5. The city clerk of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said city clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public. Said city clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Upon adoption of this ordinance by the city council, the city clerk is instructed within thirty (30) days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Ga. Laws thereafter. Section 6. This ordinance shall become effective immediately

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upon its adoption and the charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading 8-4-80 Second Reading 8-18-80 GNS 7/80 This ordinance having been properly considered and adopted by the city council of the City of East Point, Georgia, same is hereby approved. This 18th day of August, 1980. /s/ Mary Holleman City Clerk /s/ Bruce Bannister Mayor Publisher's Affidavit State of Georgia County of Fulton Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn according to law, says that 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 21, 28 days of July, 1980, and on the 4, 11 days of August, 1980. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 27 day of August, 1980 /s/ Maiodis F. Palmer Notary Public My Commission Expires Nov. 17, 1983.

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Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an act establishing the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et. seq.), and the several acts mandatory thereof and particularly that act or ordinance adopted June 19, 1975 establishing a new retirement system for the employees of the City of East Point, Georgia, enrolled in Georgia Laws, 1976 (Ga. L. 1976, p. 4561, et. seq.) to provide for a reduction of the employees' contribution to plan; to provide certain retirement benefits to school crossing guards; to provide for severability; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed ordinance is on file in the office of the city clerk of the City of East Point, City Hall, East Point, Georgia and the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The city clerk of said city will furnish anyone upon request with a copy of the proposed ordinance. The ordinance will be considered the first time at the regular meeting of city council of the City of East Point on August 4th, 1980, and will be considered for final adoption at the regular meeting of City Council on August 18th, 1980. Mary Holleman, Clerk City of East Point, Ga. July 21 28 Aug 4 11 1980 Publisher's Certificate State of Georgia County of Fulton Personally appeared before the undersigned, a notary public within and for said county and State, Georgia, publisher of the Southside Sun, a newspaper published at East Point, Georgia,

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county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of invitation to bid #1893, a true copy of which is hereto annexed, was published in said newspaper in its issues of the 7/24/80, 7/31 and 8/7/80. /s/ Gerald W. Crane Publisher 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 27th day of August, 1980. /s/ Lance Hill Notary Public My commission expires Aug. 13, 1984 (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 the Municipal charter of the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et. seq.) and the several acts mandatory thereof and particularly that act or ordinance adopted June 19, 1975 establishing a new retirement system for the employees of the City of East Point, Georgia enrolled in Georgia Laws, 1976 (Ga. L. 1976, p. 4561, et seq.) to provide for a reduction of the employees' contribution to plan; to provide certain retirement benefits to school crossing guards; to provide for severability; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed ordinance is on file in the office of the city clerk 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

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ordinance. The ordinance will be considered the first time at the regular meeting of City Council of the City of East Point on August 4th, 1980, and will be considered for final adoption at the regular meeting of City Council on August 18th, 1980. Mary Holleman, Clerk City of East Point, Georgia #1893 Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the city council of the City of East Point proposes to adopt an ordinance to amend an act establishing the municipal charter of the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et. seq.) and the several acts mandatory thereof and particularly that act or ordinance adopted June 19, 1975 establishing a new retirement system for the employees of the City of East Point, Georgia, enrolled in Georgia Laws, 1976 (Ga. L. 1976, p. 4561, et. seq.) to provide for a reduction of the employees' contribution to plan; to provide certain retirement benefits to school crossing guards; to provide for severability; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed ordinance is on file in the office of the city Clerk of the City of East Point, City Hall, East Point, Georgia and the office of the clerk of the superior court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The city clerk of said city will furnish anyone upon request with a copy of the proposed ordinance. The ordinance will be considered the first time at the regular meeting of city council of the City of East Point on August 4th, 1980, and will be considered for final adoption at the regular meeting of City Council on August 18th, 1980. /s/ Mary Holleman, Clerk City of East Point, Georgia Filed in the Office of Secretary of State September 19, 1980.

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CITY OF FITZGERALDHEALTH HAZARDS. Ordinance Number 1033 An Ordinance to amend the charter of the City of Fitzgerald, Georgia, to provide that the mayor and council shall have the authority to determine that property constitutes a health hazard, to provide for procedures for the making of such determination, to provide for notice to the owners of said property, to provide for the removal of said health hazards and the assessment of the cost of said removal against the property, to make it unlawful for owners of property to permit their property to become health hazards, to provide for the filing of affidavits of illegality, to provide for severability of this ordinance and for other purposes. Whereas, there are lots within the City of Fitzgerald on which is located junk, debris and remains of structures which no longer serve any useful purpose, and Whereas, the conditions existing on said lots constitute health hazards, and Whereas, it is necessary and desirable to amend the charter of the City of Fitzgerald so as to provide for the clearing of said lots and for charging the cost of said clearing to the owner of said lots and establishing a lien against said lots for the cost of said clearing and to provide penalties for permitting said lots to constitute health hazards. Now, therefore, the mayor and council of the City of Fitzgerald do hereby enact this ordinance to amend the charter laws of the City of Fitzgerald, Georgia, Georgia laws, 1914, page 781, Section 92 as amended, by adding new sections to said Section 92 said new sections to be known as Sections 92-A, 92-B, 92-C, and 92-D and said new sections to be in addition to said existing Section 92 and which said additional sections shall provide as follows: Section 92-A. In addition to existing powers and authorities, the mayor and council of the City of Fitzgerald shall have full power and authority to determine by resolution that any privately

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owned real estate located within the corporate limits of the City of Fitzgerald constitutes a health hazard because of debris, junk, or remains of structures which no longer serve any useful purpose. Prior to the passing of said resolution the city building inspector or the city sanitarian shall make an inspection of said property and shall determine that health hazards exist. After making such determination the city building inspector or the city sanitarian shall cause to be mailed to the person who last paid city taxes on said property a notice that said property constitutes a health hazard, and said notice shall give the owner 30 days within which to clean up said lots so that it no longer constitutes a health hazard. Said notice shall be mailed by United States Certified or Registered Mail to said owner at the last address shown on the tax records of the City of Fitzgerald. Said city building inspector or city sanitarian shall also post a notice on said property that it has been determined that health hazards exist on said property and that the owner of said property has 30 days within which to remove said health hazards. After the expiration of said 30 days the city building inspector or city sanitarian shall recommend to the mayor and council of the City of Fitzgerald that said property should be cleared of debris, junk or remains of structures which no longer serve any useful purpose and the mayor and council shall then act on the resolution hereinbefore referred to. After the passage of said resolution by the mayor and council of the City of Fitzgerald the city administrator of said city shall cause said property to be cleared of said debris, junk or remains of structures which no longer serve any useful purpose and shall determine the cost of said clearing of said lots and shall cause an execution to issue against said property in the same manner as executions now issue for city ad valorem taxes. Section 92-B. It shall be unlawful to permit any real estate located within the corporate limits of the City of Fitzgerald to remain cluttered with debris, junk or remains of structures which no longer serve any useful purpose for a period of more than 30 days and to permit said real estate to be a health hazard. Section 92-C. Whenever executions have been issued on assessments for the removal of debris, junk or remains of structures which no longer serve any useful purpose, the land owner

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shall have the right to file within 30 days an affidavit of illegality denying that the whole or any part of the amount for which the execution issued is due and stating what amount he admits to be due, which amount admitted to be due with all costs shall be paid and collected before the affidavit is received by the chief of police and the affidavit shall be received for the balance unpaid and such affidavit so received shall be returned to the Superior Court of Ben Hill County, Georgia and there tried and the issue determined as in cases of illegality subject to all penalties provided in cases of illegality for delay. Section 92-D. If any section of this ordinance, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of this ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Date of First Adoption: 2/25/80 Passed by the Following Vote: Yes 8; No 0 Date of Second Adoption: 3/11/80 Passed by the Following Vote: Yes 9; No 0 Approved: (s) Gerald H. Thompson Mayor Attest: (s) Louise Wiggins Clerk Georgia Ben Hill County City of Fitzgerald. Personally appeared before the undersigned, an officer authorized by law to administer oaths, Louise Wiggins, who after being first duly sworn on oath says that she is the duly qualified, elected and acting clerk of the City of Fitzgerald and that the

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within and foregoing is a true and correct copy or Ordinance No. 1033, being an ordinance to amend the charter of the City of Fitzgerald to provide tht the mayor and council shall have the authority to determine that property constitutes a health hazard and for other purposes, and that said amendment to said charter was duly and legally adopted at two regular consecutive meetings of the mayor and council of the City of Fitzgerald, a municipal governing authority, not less than seven nor more than sixty days apart. /s/ Louise Wiggins Sworn to and subscribed before me this 15th day of May, 1980. /s/ Therese K. Griffin Notary Public, Ben Hill County, Georgia. Notice of Proposed Amendment to the Charter of the City of Fitzgerald, Georgia Notice is hereby given that an ordinance has been proposed amending the charter of the City of Fitzgerald to provide that in addition to existing powers and authority, the mayor and council of the City of Fitzgerald shall have full power and authority to determine by resolution that any privately owned real estate located within the corporate limits of the City of Fitzgerald constitutes a health hazard because of debris, junk or remains of structures which no longer serve any useful purpose. Said proposed ordinance further provides that prior to passing of said resolution, the city building inspector or the city sanitarian shall make an inspection of said property and shall determine that health hazards exist. After making such determination the city building inspector or city sanitarian shall cause to be mailed to the person who last paid city taxes on said property a notice that said property constitutes a health hazard and said notice shall give the owners thirty days within which to clean up said lots so that it no longer constitutes a health hazard. Said proposed ordinance further provides for the mailing of said notice and the posting of said notice on said property. Said ordinance

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further provides that after the passage of said resolution by the mayor and council, said property shall be cleared of said debris, junk or remains of structures which no longer serve any useful purpose and the cost of said cleaning shall be assessed against said property. Said ordinance further makes it unlawful to permit any real estate located within the corporate limits of the City of Fitzgerald to remain cluttered with debris, junk or remains of structures which no longer serve any useful purpose for a period of more than thirty days. Said ordinance further provides for the filing of affidavits of illegality, for severability and for other purposes. A copy of said proposed amendment to the charter of the City of Fitzgerald is on file in the office of the clerk of the mayor and council of the City of Fitzgerald. Another copy of said proposed amendment is on file in the office of the Clerk of the Superior Court of Ben Hill County, Georgia. Said copies of said proposed amendment are available to the general public during regular business hours for the purpose of examination and inspection. Said clerk of the mayor and council of the City of Fitzgerald shall furnish anyone upon written request a copy of said proposed amendment. /s/ Louise Wiggins Clerk of the Mayor and Council of the City of Fitzgerald Georgia, Ben Hill County. Personally appeared before the undersigned, an officer authorized by law to administer oaths, Gerald W. Pryor, who after being first duly sworn, on oath says that he is editor and publisher of the Fitzgerald Herald and Leader, the official organ for the City of Fitzgerald, Georgia, and that the attached notice of proposed amendment to the charter of the City of Fitzgerald, Georgia, was duly published in said newspaper on February 21, 1980, February 28, 1980, and March 6, 1980. /s/ Gerald W. Pryor Sworn to and subscribed before

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me this 15 day of May, 1980. /s/ Therese K. Griffin Notary Public, Ben Hill County, Georgia. Filed in the Office of Secretary of State May 29, 1980. CITY OF JESUPCHARTER AMENDED. An Ordinance to amend the charter of the City of Jesup approved December 15, 1937 (Georgia Laws 1937-38), Extra Session, p. 1142), as amended, so as to change the fiscal year; to provide that contracts of more than $1,000.00 shall be awarded by bid and shall be under contract and further that all contracts for public improvements in the amount of $5,000.00 shall require good and sufficient surety bond; to provide a maximum fine of $500.00 in the recorder's court; and for other purposes. Be it ordained by the board of commissioners of the City of Jesup as follows: Pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, pp. 298, 299), as amended, an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Georgia Laws 1937, Extra Session, p. 1142), as amended, is hereby further amended as follows: Section 1. Section 46 of the charter is hereby amended by striking the same in its entirety and inserting in lieu thereof the following: Section 46. The fiscal year of the city shall begin on the first day of October and end on the last day of September of each year. Such fiscal year shall also constitute the budget and accounting year.

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Section 2. Said charter is further amended by striking section 49 in its entirety and inserting in lieu thereof a new section 49, to read as follows: Section 49. The city manager, at least forty-five (45) days prior to the beginning of each budget year, shall submit to the board of commissioners a budget and an explanatory budget message in the form and with the contents hereinafter set forth. The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk, open to public inspection. Upon receipt of said budget and budget message, the board of commissioners shall, after making such amendment or amendments thereto as they deem necessary adopt such budget and make such budget the ruling factor in the annual fiscal affairs of the city, said budget to be adopted not later than the first regular meeting of each fiscal year. In the event the board of commissioners shall fail or refuse to adopt the proposed budget for any reason the budget for the preceding year shall be and become the budget for the city during the current year. From the effective date of the budget, the several specific amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named, and no warrant for payment of any claim against the city shall be issued until the city treasurer shall have signed the same, thereby certifying that there is an unencumbered balance in such appropriation account, properly chargeable, sufficient to meet the obligation entailed by such expenditure; provided, however, the the city manager shall be authorized, when he shall deem the same necessary and expedient, to make payment of all administrative costs of the city government between the beginning of the fiscal year and the date of the adoption of such budget. From the effective date of the budget, the amount stated therein as the amount to be raised by ad valorem tax shall constitute a determination on the amount of the levy for the purpose of the city, in the corresponding tax year, without any further

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action on behalf of the board of commissioners; provided, however, that said ad valorem tax shall not exceed two (2) per cent upon the value of the property taxed, or twenty mills on the dollar, for general operating expenses. The budget message submitted by the city manager to the board of commissioners shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith the important features of the budget plan. It shall contain the estimated tax levy required to produce an amount of income which, together with the estimated income from all other sources, will equal the appropriations contained in the budget. It shall also contain a capital program of proposed capital projects for the five fiscal years next succeeding the budget year. Section 3. Said charter 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. Any public works or improvement project costing, in the aggregate, more than one thousand dollars ($1,000.00) shall be done and constructed under and by contract, except where a special or specific work or improvement is authorized by the board of commissioners to be done by city force or through assistance from the Federal or State government. All such contracts, aggregating more than one thousand dollars ($1,000.00), shall be awarded to the lowest and best bidder after public advertisement, as may be prescribed by ordinance, but the board of commissioners shall have the right to reject any and all bids and advertise for bids from time to time until a satisfactory bid has been received. No changes or alterations of any contract so awarded shall be valid unless such change or alteration shall have been agreed upon, in writing and signed by the contractor and the mayor, under authority of the board of commissioners, granted by proper resolution, prior to said changed contract becoming effective. No contract for any public works or improvement, costing more than five thousand dollars ($5,000.00), shall become valid until the contract therefor shall have been duly executed and the contractor shall have executed and delivered to the City of Jesup good and sufficient surety bond conditioned for the faithful performance and completion of said contract and

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said bond shall have been approved by the city attorney. Section 4. Said charter is further amended by striking section 115 in its entirety and inserting in lieu thereof a new section 115, to read as follows: Section 115. The said police court shall have jurisdiction to try any person charged with violation of any penal ordinance of said city, and upon conviction for violation of any penal ordinance of the City of Jesup, to impose such penalties for violations thereof as may be provided in such ordinance, not to exceed a fine of five hundred dollars ($500.00) or imprisonment in the city jail, Wayne County jail or to labor on the public works, chain gang or streets of the City of Jesup for not longer than one hundred twenty (120) days, either or both, and the mayor, mayor pro tem, recorder or other officer herein authorized to sit and preside in such court, shall have power and authority to impose such punishment. Any fine so imposed by said court may be collected by execution issued by the clerk of the City of Jesup against the estate, both real and personal, of the person so fined, and levy and sale had, thereunder, in the manner prescribed herein for levy and sale under fi. fa. issued by said city. Section 5. Said charter is further amended by striking section 267 in its entirety and inserting in lieu thereof a new section 267, to read as follows: Section 267. Where any law, resolution or ordinance of said city does not provide any penalty for violation of same, upon conviction thereof in the police or recorder's court of said City of Jesup, the offender shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment or labor as set forth in Section 115 of the charter. Section 6. All ordinances or laws and parts of ordinances and laws in conflict herewith are hereby repealed.

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SO ORDAINED, this 15th day of April, 1980. /s/ R. W. Woodruff Mayor /s/ John H. NeSmith Commissioner /s/ Jim Collin Commissioner /s/ William C. Rentz Commissioner /s/ John F. Parker Commissioner Attest: /s/ Sue R. Sutton City Clerk I, Sue R. Sutton, clerk of the board of commissioners of the City of Jesup, do hereby certify that the foregoing is a true and correct copy of an ordinance to amend the charter of the City of Jesup approved December 15, 1937 (Georgia Laws 1937-38), Extra Session, page 1142), as amended, so as to change the fiscal year; to provide that contracts or more than $1,000.00 shall be awarded by bid and shall be under contract and further that all contracts for public improvements in the amount of $5,000.00 shall require good and sufficient surety bond; to provide a maximum fine or $500.00 in the recorder's court; and for other purposes. This ordinance was passed by the board of commissioners for the City of Jesup at their regular meetings on April 1, 1980 and April 15, 1980. This ordinance is on file in the city hall, Jesup, Georgia, and in the clerk of Superior Court's office, Wayne County, Georgia. /s/ Sue R. Sutton Clerk of the Board of Commissioners of the City of Jesup

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Notice Jesup, Wayne County, Georgia Notice is hereby given that pursuant to The Municipal Home Rule Act of 1965 (Georgia Laws 1965, pp. 298-299), there will be introduced at the regular meeting of the Board of Commissioners of the City of Jesup, on April 1, 1980 and April 15, 1980, at 7:00 p.m., at City Hall Jesup, Georgia, an ordinance to amend the Charter for the City of Jesup (Georgia Laws 1937-38, Ex. Sess., pp. 1142) as amended as follows: (1) To change the fiscal year of the City of Jesup, to begin on September 1 of each year; to provide that the annual budget of the City of Jesup should be adopted at the first regular meeting in September of each year; to change other provisions affecting the time for the presentation and the adoption of the budget of said city; to prescribe the procedure connected with the foregoing; and to provide an effective date and for other purposes; (b) To provide that work and improvements costing in the aggregate of less than $1,000.00 may be performed without the necessity of a written contract or without formal advertisement and bid; (c) To provide that where any law, resolution or ordinance of said city does not provide any penalty for violation of same, upon conviction thereof in the police or recorder's court in said City of Jesup, the offender shall be punished by a fine not to exceed $500.00 or imprisonment for a period not to exceed 120 days, either or both; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk, Jesup, Georgia, and the office of the clerk of superior court, Wayne County, Georgia, for the purpose of examination and inspection by the public. This 4th day of March, 1980. s/Sue R. Sutton, City Clerk March 6, 13, 20, 1980. No. 996

Page 5101

Georgia, Wayne County Personally appeared before the undersigned officer, duly authorized to administer oaths, W. H. NeSmith, Jr., who first being duly sworn, deposes and says on oath that he is publisher of the Press/Sentinel, the official organ of Wayne County, Georgia, and that there has been published in said newspaper on March 7, March 14, and March 21, 1980, the attached and foregoing notice of the City of Jesup's intention to introduce an ordinance to amend the charter of the City of Jesup, so as to change the fiscal year; to provide that contracts of more than $1,000.00 shall be awarded by bid and shall be under contract, and further that all contracts for public improvements in the amount of $5,000.00 shall require good and sufficient surety bond; and to provide a maximum fine of $500.00 in the recorder's court; and for other purposes. /s/ W. H. NeSmith, Jr. Sworn to and subscribed before me this 16th day of April, 1980. /s/ Robert B. Smith Notary Public, State of Georgia Filed in the Office of Secretary of State May 5, 1980. CITY OF MACONCOUNCIL ACTIONS. An Ordinance of the City of Macon amending division I, article II, chapter 2, section 2-322, paragraph (c), of the charter of the City of Macon pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298 et seq., as amended; Ga. Code Ann. sections 69-1017 et seq.), by striking in its entirety said paragraph (c) of division I, article II, chapter 2, section 2-322 of the charter of the City of Macon and substituting a new paragraph (c) in lieu

Page 5102

thereof so as to provide that all actions of the council of the City of Macon shall require the affirmative vote of a majority of all council members; and to require the council of the City of Macon by ordinance to prescribe procedures to govern the manner of introduction and passage of ordinances and resolutions; and for other purposes. Be it ordained by the City of Macon, and it is hereby ordained by the authority of same pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, P. 298 et seq., as amended; Ga. Code Ann. sections 69-1017 et seq.) as follows: Paragraph (c) of Division I, Article II, Chapter 2, Section 2-322 of the charter of the City of Macon is hereby amended by deleting in its entirety said Paragraph (c) and substituting in lieu thereof the following Paragraph (c) which reads as follows: (c) Except as otherwise provided in this charter, all actions of the council shall require the affirmative vote of a majority of all council members. The council by ordinance shall prescribe procedures to govern the manner of introduction and passage of ordinances and resolution. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. So Ordained this 4th day of March, 1980. /s/ Eugene Dunwody President, City Council Approved this 10th day of March, 1980. /s/ George Israel Mayor City of Macon, Ga. I do hereby certify that the above and foregoing resolution was duly passed at the regular meeting of the Council of the

Page 5103

City of Macon. Held March 4, 1980 Witness my hand and seal of the City of Macon This 5th day of March, 1980 /s/ James E. Hunnicutt Clerk of Council So Ordained this 18th day of March, 1980. /s/ Eugene Dunwody President, City Council /s/ George Israel Mayor City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of Macon. Held March 18, 1980 Witness my hand and seal of the City of Macon This 19th day of March, 1980. /s/ James E. Hunnicutt Clerk of Council March 27, 1980 I, James E. Hunnicutt, city clerk, do hereby certify that the attached copy of ordinance amending the charter of the City of Macon is a true and correct copy of ordinance on file in the city

Page 5104

clerk's office. /s/ James E. Hunnicutt, City Clerk State of Georgia County of Bibb Personally appeared before me, a notary public within and for above state and county, James H. Griffin who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit: and that advertisement as per attached clipping has been published in the Macon News on the following dates: 2/8, 15, 22 Signed: James H. Griffin Sworn to and subscribed before me this 22nd day of February, 1980 /s/ Frances E. Coker Notary Public, Bibb County Georgia My Commission Expires May 4, 1982 Georgia, Bibb County Public Notice This advertisement is to provide notice that the City of Macon proposes to amend the Charter of the City of Macon, Division I, Article II, Chapter II, Section 2-322(c) Code of Macon, Georgia (1978), as amended in accordance with the procedure listed in Ga. Code Ann. Section 69-1017(b) designated as the Municipal Home Rule Act of 1965, as amended, so that all actions of the Council of the City of Macon shall rquire the affirmative vote of a majority of all council members and so that the council of the City of Macon shall by ordinance prescribe procedures to govern the manner of introduction and passage of ordinances and resolutions. A copy of the proposed amendment is on file in the office of the clerk of the City of Macon and in the office of the Bibb County Superior Court clerk. 2/8, 15, 22, 1980-100610 Filed in the Office of Secretary of State March 31, 1980. Approved this 25th day of March, 1980.

Page 5105

CITY OF MACONRETIREMENT SYSTEM. An Ordinance of the City of Macon amending paragraph (5), article I, section 1 and paragraph (1), article V, section 1, of the Macon Fire and Police Department Employees' Retirement Act, 1969 Ga. Laws, p. 2801, sections 1 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by reference in the charter of the City of Macon, division I, article V, chapter 5, section 5-502, paragraph (a), code of Macon, Georgia (1978), as amended, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965, 1965 Ga. Laws, p. 298 et seq., as amended; Ga. Code section 69-1017 et. seq.; by striking in its entirety said paragraph (5) of article I and substituting a new paragraph (5) in lieu thereof so that basic compensation shall mean actual monthly compensation paid during any month to an employee exclusive of reimbursed expenses, overtime and all other unusual compensation except that worker's compensation benefits (not including medical reimbursement benefits or any lump sum payments) paid in lieu of salary in accordance with Ga. Code section 114-404 to an employee shall be basic compensation up until the employee's retirement date; and by striking in its entirety said paragraph (1) of article VI and substituting in lieu thereof a new paragraph (1) so that each employee shall contribute seven (7%) percent of his basic compensation each month after becoming a member of the system except that payment of such contributions shall be waived for any worker's compensation benefits paid in lieu of salary in accordance with Ga. Code section 114-404 up until the employee's retirement date, and the city shall deduct such employee contributions from the basic compensation of the employee but not from worker's compensation benefits paid in lieu of salary in accordance with Ga. Code section 114-404 and shall credit such contributions to the employee's individual accounts; and the city shall pay monthly the amount so deducted to the fund to be held and administered as provided for herein; and for any employee who on the effective date of this system was a member of the general employees' retirement system of the City of Macon and who made such contribution to that system, the board shall have such contributions transferred to the fund created under this system and such contributions will be credited to the individual account of such employee; to make the aforementioned amendments effective January 1, 1980, and to repeal conflicting

Page 5106

provisions and for other purposes. Be it ordained by the City of Macon and it is hereby ordained by the authority of same pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298 et seq., as amended; GA. CODE SECTION 69-1017 et seq.) as follows: Paragraph (5), Article I, Section 1 of the Macon Fire and Police Department Employees Retirement Act, Ga. L. 1969, p. 2801, Section 1 and 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by reference in the charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, Paragraph (a), Code of Macon, Georgia (1978), as amended, is hereby amended by deleting in its entirety said Paragraph (5) and substituting in lieu thereof the following Paragraph (5) which reads as follows: (5) Basic compensation shall mean actual monthly compensation paid during any month to an employee exclusive of reimbursed expenses, overtime, and all other unusual compensation except that Worker's Compensation benefits (not including medical expense reimbursement benefits or any lump sum payments) paid in lieu of salary in accordance with Ga. Code Section 114-404 to an employee shall be basic compensation up until the employee's retirement date; And be it further ordained by the City of Macon that Paragraph (1) Article VI of Section 1, Macon Fire and Police Department Employees Retirement Act, 1969 Ga. laws, p. 208, Sections 1 and 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by reference in the Charter of the City of Macon, Division 1, Article V, Chapter 5, Section 5-502, Paragraph (a), Code of Macon, Georgia (1978), as amended, is hereby amended by deleting in its entirety said Paragraph (1) of Article VI and substituting in lieu thereof the following Paragraph (1) which reads as follows: (1) Each employee shall contribute seven (7%) percent of his basic compensation each month after becoming a member of the system except that payment of such contribution shall be waived on any Worker's Compensation benefits paid in accordance with Ga. Code Section 114-404 up until the employee retirement date.

Page 5107

The city shall deduct such employee contributions from the basic compensation of the employee but not from Worker's Compensation benefits paid in lieu of salary in accordance with Ga. Code Section 114-404 and shall credit such contributions to the employee's individual account. The city shall pay monthly the amounts so deducted to the Fund to be held and administered as provided herein. For any employee who on the effective date of this system was a member of the General Employee's Retirement System of the City of Macon and who made contributions to that system, the board shall have such contributions transferred to the fund and created under this system and such contributions will be credited to the individual account of each such employee. This charter amendment to be effective on January 1, 1980. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. So ordained this 17th day of June, 1980. /s/ Eugene Dunwody President, City Council Approved this 25th day of June, 1980. /s/ George Israel Mayor So ordained this 1st day of July, 1980 /s/ Eugene Dunwody President, City Council /s/ George Israel Mayor

Page 5108

City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of Macon Held June 17th, 1980 Witness my hand and seal of the City of Macon this 18th day of June, 1980 /s/ James E. Hunnicutt Clerk of Council City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of Macon. Held July 1, 1980 Witness my hand and seal of the City of Macon this 2nd day of July, 1980 /s/ James E. Hunnicutt Clerk of Council July 9, 1980 I, James E. Hunnicutt, city clerk, do hereby certify that the attached is a true and correct copy of ordinance amending the Macon Fire and Police Department Employees' Retirement Act on file in the city clerk's office. /s/ James E. Hunnicutt City Clerk State of Georgia County of Bibb Personally appeared before me, a notary public within and for

Page 5109

above state and county, Shirley H. Perry who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit: and that advertisement as per attached clipping has been published in the Macon News on the following dates: 5/14, 21, 28 signed: Shirley H. Perry Sworn to and subscribed before me this 4th day of June, 1980 /s/ James L. Griffin Notary Public, Bibb County Georgia My Commission Expires December 11, 1983 Georgia, Bibb County Public Notice This advertisement is to provide notice that the City of Macon proposes to amend the charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, Code of Macon, Georgia (1978), as amended in accordance with the procedure listed in Ga. Code Section 69-1017 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the Police and Fireman's Retirement and Disability Pensions. Copies of the proposed amendments are on file in the office of the Clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. 5/14, 21, 28, 1980-117926 Filed in the Office of Secretary of State July 21, 1980. Approved this 8th day of July, 1980. CITY OF MACONFIRE AND POLICE DEPARTMENT EMPLOYEES' RETIREMENT. An Ordinance of the City of Macon amending paragraph (3), article IX, section 1, of the Macon Fire and Police Department Employees' Retirement Act, 1969 Ga. Laws, p. 2801, sections 1

Page 5110

and 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by reference in the charter of the City of Macon, division I, article V, chapter 5, section 5-502, paragraph (a), Code of Macon, Georgia, (1978), as amended, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965, 1965 Ga. Laws, p. 298 et seq., as amended; Ga. Code section 69-1017 et seq.; by striking in its entirety said paragraph (3) of article IX and substituting a new paragraph (3) in lieu thereof so that to the extent permitted by law none of the benefits, payments, proceeds or distributions under this system shall be subject to the claim of creditors of the employee or of the beneficiary or to legal process except by the City of Macon or the Macon Police Credit Union or the Macon Firemen's Credit Union and then only for money lawfully owing to said city or said credit unions and only to the extent of the member's benefit payments and contributions to the system and so that no employee or beneficiary shall have any right to alienate, commute or anticipate or assign any of the benefits, payments or proceeds or distributions under this system except to the City of Macon or the Macon Police Credit Union or the Macon Firemen's Credit Union and so that if any employee attempts to dispose of the benefits to any other than the City of Macon, Macon Police Credit Union or Macon Firemen's Credit Union, or in the event there is an effort to seize such benefits or the right to receive such benefits by attachment, execution or other legal or equitable process by any except the City of Macon, Macon Police Credit Union, or Macon Firemen's Credit Union, then the right may pass and be transferred at the discretion of the Board, to one or more beneficiaries as may be appointed by the board from among the beneficiaries, if any, theretofore designated by the employee, or from their spouse, children or other dependents of the employee, in such shares as the board may appoint; and so that any appointment so made by the board may be revoked by it at any time and further appointment made by it which may include the employee; and for other purposes. Be it ordained by the City of Macon and it is hereby ordained by the authority of same pursuant to the authority granted by the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298 et. seq., as amended; Ga. Code Section 69-1017 et seq.) as follows:

Page 5111

Paragraph (3), Article IX, Section 1, of the Macon Fire and Police Department Employees' Retirement Act, Ga. Laws 1969, p. 2801, Sections 1 and 2, as amended, 1972, Ga. Laws, p. 3821, incorporated by reference in the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, Paragraph (a), Code of Macon, Georgia (1978), as amended, is hereby amended by deleting in its entirety said Paragraph (3) and substituting in lieu thereof the followng Paragraph (3) which reads as follows: (3) Spendthrift Clause. To the extent permitted by law, none of the benefits, payments, proceeds or distributions under this System shall be subject to the claims of any creditor of the employee or to the claim of any creditor of any beneficiary hereunder or to any legal process by any creditor of such employee or any such beneficiary whomsoever, save by and at the instance of the City of Macon or the Macon Police Credit Union or the Macon Firemen's Credit Union, corporations of Bibb County, Georgia, and then only for money lawfully owing to said City or said Credit Unions by any particular member, and then only to the extent of such member's benefit payments and contributions to the System; and neither such employee or any such beneficiary shall have any right to alienate, commute, anticipate or assign any of the benefits, payments, proceeds or distributions under this System, except to the City of Macon or the Macon Police Credit Union or the Macon Firemen's Credit Union and if any employee shall attempt to dispose of the benefits provided for him other than to the City of Macon, Macon Police Credit Union or Macon Firemen's Credit Union or to dispose of the right to receive such benefits other than to the City of Macon, Macon Police Credit Union, or Macon Fireman's Credit Union or in the event there should be an effort to seize such benefits, or the right to receive such benefits by attachment, execution or other legal or equitable process by any except the City of Macon, Macon Police Credit Union, or Macon Firemen's Credit Union, such right may pass and be transferred at the discretion of the Board, to such one or more as may be appointed by the Board from among the beneficiaries, if any, theretofore designated by the employee, or from the spouse, children or other dependents of the employee, in such shares as the Board may appoint. Any appointment so made by the Board may be revoked by it at any time and further appointment made by it which may include the employee.

Page 5112

All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. So ordained this 1st day of July, 1980. /s/ Eugene Dunwody President, City Council Approved this 7th day of July, 1980. /s/ George Israel Mayor So ordained this 15th day of July, 1980. /s/ Eugene Dunwody President, City Council /s/ George Israel Mayor City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of Macon. Held July 1, 1980 Witness my hand and seal of the City of Macon this 2nd day of July, 1980. /s/ James E. Hunnicutt Clerk of Council City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of

Page 5113

Macon. Held July 15, 1980 Witness my hand and seal of the City of Macon this 16th day of July, 1980 /s/ Steven G. Durden Ass't. Clerk of Council July 22, 1980 I, James E. Hunnicutt, city clerk, do hereby certify that the attached copy of ordinance amending the charter of the City of Macon as relates to the Macon fire and police department employees' retirement act is a true and correct copy of ordinance on file in the city clerk's office. /s/ James E. Hunnicutt City Clerk State of Georgia County of Bibb Personally appeared before me, a notary public within and for above state and county, Shirley H. Perry who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit: and that advertisement as per attached clipping has been published in the Macon News on the following dates: 5/28, 6/4, 11 Signed: Shirley H. Perry Sworn to and subscribed before me this 11th day of June, 1980 /s/ James L. Griffin Notary Public, Bibb County Georgia My Commission Expires December 11, 1983

Page 5114

Georgia, Bibb County Public Notice This advertisement is to provide notice that the City of Macon proposes to amend the charter of the City of Macon, division I, article V, chapter 5, section 5-502, Code of Macon, Georgia (1978), as amended, in accordance with the procedure listed in Ga. Code section 69-1017 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the police and fireman's retirement and disability pensions. Copies of the proposed amendments are on file in the office of the clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. 5/28, 6/4, 11, 1980-121688 Filed in the Office of Secretary of State July 30, 1980. Approved this 16th day of July, 1980. CITY OF MACONFIRE AND POLICE DEPARTMENT EMPLOYEES' RETIREMENT. An Ordinance of the City of Macon amending paragraph (1), article III, section 1 of the Macon Fire and Police Department Employees' Retirement Act, 1969 Ga. Laws, p. 2801, sections 1 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by reference in the charter of the City of Macon, division I, article V. Chapter 5, section 5-502, paragraph (a), code of Macon, Georgia (1978), as amended, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965, Ga. Laws, p. 298 et seq., as amended; Ga. Code section 69-1017 et seq.; by striking in its entirety said paragraph (1) of article III and substituting a new paragraph (1) in lieu thereof so that the normal retirement date of an employee shall be the first day of the month coinciding with or next following his completion of twenty-five (25) years of service and the attainment of age fifty (50), whichever is later; and to repeal conflicting provisions; and for other purposes. Be it ordained by the City of Macon and it is hereby ordained

Page 5115

by the authority of same pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298 et. seq., as amended; Ga. Code Section 69-1017 et seq.) as follows: Paragraph (1), Article III, Section 1 of the Macon Fire and Police Department Employees Retirement Act, Ga. L. 1969, p. 2801, Section 1 and 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by reference in the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, Paragraph (a), Code of Macon, Georgia (1978), as amended, is hereby amended by deleting in its entirety said Paragraph (1) and substituting in lieu thereof the following Paragraph (1) which reads as follows: (1) Normal Retirement Date. The normal retirement date of an employee shall be the first day of the month coinciding with or next following his completion of twenty-five (25) years of service and the attainment of age fifty (50), whichever is later. This charter amendment to be effective upon adoption at two (2) regular consecutive meetings of the governing authority of the City of Macon and upon filing of the required documentation with the Secretary of State and the Office of the Clerk of the Bibb Superior Court. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. So ordained this 4th day of November, 1980. /s/ Eugene Dunwody President, City Council Approved this 10th day of November, 1980. /s/ George Israel Mayor So ordained this 18th day of November, 1980. /s/ Eugene Dunwody President, City Council

Page 5116

/s/ George Israel Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 11-4-80. Witness my hand and seal of the City of Macon this 5th day of Nov., 1980. /s/ James E. Hunnicutt Clerk of Council City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 11-18-80. Witness my hand and seal of the City of Macon this 19th day of Nov., 1980. /s/ James E. Hunnicutt Clerk of Council November 25, 1980 I, James E. Hunnicutt, city clerk, do hereby certify that the attached copy of ordinance concerning the Macon Fire and Police Department Employees' Retirement Act is a true and correct copy of ordinance on file in the city clerk's office. /s/ James E. Hunnicutt City Clerk State of Georgia County of Bibb Personally appeared before me, a notary public within and for above state and county, James L. Griffin, who deposes and says he is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit, and that advertisement

Page 5117

as per attached clipping has been published in the Macon News on the following dates: 10/3, 10/10, 10/17 Signed James L. Griffin Sworn to and subscribed before me this 17th day of October, 1980 /s/ Frances E. Coker Notary Public, Bibb County, Georgia Georgia, Bibb County Charter Amendment This advertisement is to provide notice that the City of Macon proposes to amend the charter of the City of Macon, Division 1, Article V, Chapter 5, Section 5-502, Code of Macon, Georgia (1978), as amended, in accordance with the procedure listed in Georgia Section 69-1017 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the Police and Fireman's Retirement and Disability pensions. Copies of the proposed amendments are on file in the office of the clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. 10/3, 10, 17, 1980-146614. Filed in the Office of Secretary of State December 3, 1980. Approved this 24th day of November, 1980. CITY OF MACONFIRE AND POLICE DEPARTMENT EMPLOYEES' RETIREMENT. An Ordinance of the City of Macon amending paragraph (5), article I, section 1 and paragraph (1), article V, section 1, of the Macon Fire and Police Department Employees' Retirement Act, 1969 Ga. Laws, p. 2801, sections 1 2, as amended 1972 Ga. Laws, p. 3821, incorporated by reference in the charter of the City of Macon, division I, article V, chapter 5, section 5-502,

Page 5118

paragraph (a), Code of Macon, Georgia (1978), as amended, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965, 1965 Ga. Laws, p. 298 et seq., as amended; Ga. Code section 69-1017 et. seq. by changing the effective date of these paragraphs (5) and (1) to December 1, 1979 and to repeal conflicting provisions; and for other purposes. Be it ordained by the City of Macon and it is hereby ordained by the authority of same pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298 et seq., as amended; Ga. Code section 69-1017 et seq.) as follows: Paragraph (5), Article I, Section 1 and Paragraph (1), Article V, Section 1, of the Macon Fire and Police Department Employees Retirement Act, Ga. L. 1969, P. 2801, Section 1 and 2, as amended, 1972 Ga. Laws, p. 3821, incorporated by reference in the charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, Paragraph (a), Code of Macon, Georgia (1978), as amended, is hereby amended by deleting in its entirety the effective date of January 1, 1980 for Paragraphs (1) and (5) and substituting in lieu thereof the following effective date which reads as follows: This charter amendment to be effective on December 1, 1979. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. So ordained this 4th day of November, 1980. /s/ Eugene Dunwody President, City Council Approved this 10th day of Nov., 1980. /s/ George Israel Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance

Page 5119

was duly passed at the Regular Meeting of the Council of the City of Macon, held 11-4-80. Witness my hand and seal of the City of Macon this 5th day of Nov., 1980. /s/ James E. Hunnicutt Clerk of Council Adopted this 18th day of November, 1980. /s/ Eugene Dunwody President of Council /s/ George Israel Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon held 11-18-80. Witness my hand and seal of the City of Macon this 19th of Nov., 1980. /s/ James E. Hunnicutt Clerk of Council This advertisement is to provide notice that the City of Macon proposes to amend the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, (b) of the Code of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Georgia Code Section 69-1017 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the Macon Pensions and Retirement System. Copies of the proposed amendments are on file in the office of the Clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. November 25, 1980 I, James E. Hunnicutt, city clerk, do hereby certify that the attached copy of ordinance concerning the Macon Fire and Police

Page 5120

Department Employees' Retirement Act is a true and correct copy of ordinance on file in the city clerk's office. /s/ James E. Hunnicutt City Clerk Filed in the Office of Secretary of State December 3, 1980. Approved this 24th day of November, 1980. CITY OF MACONEMPLOYEES' RETIREMENT SYSTEM. An Ordinance of the City of Macon amending section 3.1 of article III; and section 7.1 of article VII; and section 9.3 of article IX of the Macon Pensions and Retirement System, as set forth in an Act of the General Assembly of Georgia, approved August 3rd, 1927 (Georgia Laws 1927, page 1283 et. seq.), as amended, particularly by an Act approved March 27, 1972 (Georgia Laws 1972, page 3152 et. seq.) as amended, incorporated by reference in the charter of the City of Macon, division I, article VI, chapter 5, section 5-502, paragraph (b), Code of Macon, Georgia (1978), as amended, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965, 1965 Georgia Laws, page 298 et. seq., by raising employee contributions; by changing the vesting schedule; and by allowing the alienation of benefit payments, proceeds or distribution under this retirement system at the instance of the City of Macon, Macon Police Credit Union, Macon Firemens Credit Union, or City Employees' Credit; and for other purposes. Be it ordained by the City of Macon and it is hereby ordained by the authority of same as follows: Pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amended; Georgia Code Annotated Section 69-1017 et. seq.) as follows:

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Section 3.1 of Article III, of the Macon Pensions and Retirement System is hereby amended by deleting in its entirety said Section 3.1 and substituting in lieu thereof a new Section 3.1 which reads as follows: 3.1 Employee Contributions. An employee shall contribute two (2%) percent of his compensation up to $12,000.00, plus two and one-half (2%) percent of his compensation in excess of $12,000.00 in each year. Be it further ordained that Section 7.1 of Article VII is hereby amended by deleting in its entirety said Section 7.1 and substituting in lieu thereof a new Section 7.1 which reads as follows: 7.1 Deferred Termination Benefit. Upon an employees termination of employment for any reason other than death or retirement, he shall be entitled to a deferred monthly benefit commencing as of his early or normal retirement date, as defined in Article IV. The benefit shall be computed in the same manner as an early pension, as defined in Article V, Section 5.2, Paragraph (a), considering compensation and service up to the date of termination, and in accordance with the following vesting percentages: Years of Service at Date of Separation Percentage of City Paid Portion of Benefit Less than 10 years 0% 10 years but less than 11 years 50% 11 years but less than 12 years 60% 12 years but less than 13 years 70% 13 years but less than 14 years 80% 14 years but less than 15 years 90% 15 years and over 100% If the payment of an Employee's deferred termination benefit commences as of his Early Retirement Date, the benefit as described in this Section shall be reduced as defined in Article V, Section 5.2, Paragraph (b). Be it further ordained that Section 9.3 of Article IX of the Macon Pensions and Retirement System be amended by deleting in its entirety said Section 9.3 and substituting in lieu thereof a new Section 9.3 which reads as follows:

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9.3 Nonalienation of Benefits. Except with respect to any indebtedness owing to the employer, the Macon Firemen's Credit Union, the Macon Police Credit Union, Macon Transit Employees' Federal Credit Union, or the City Employees' Credit Union, benefits payable under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, including any such liability which is for alimony or other payments for the support of a spouse or former spouse, or for any other relative of the employee, prior to actually being received by the person entitled to the benefit under the terms of the plan, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder, shall be void. The Pension Fund shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements of torts of any person entitled to benefits hereunder. This amendment to be effective January 1, 1981. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. So ordained this 9th day of December, 1980. /s/ Eugene Dunwody President, City Council Approved this 16th day of December, 1980. /s/ George Israel Mayor So ordained this 16th day of December, 1980. /s/ Eugene Dunwody President, City Council

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/s/ George Israel Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 12-9-80. Witness my hand and seal of the City of Macon this 10th of Dec., 1980. /s/ James E. Hunnicutt Clerk of Council City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 12-16-80. Witness my hand and seal of the City of Macon this 17th of December, 1980. /s/ James E. Hunnicutt Clerk of Council December 24, 1980 I, James E. Hunnicutt, city clerk, do hereby certify that the attached copy of ordinance #0-80-152 concerning employee contributions; vesting schedule; and benefit payments is a true and correct copy of said ordinance on file in the city clerk's office. /s/ James E. Hunnicutt City Clerk City of Macon, Georgia State of Georgia County of Bibb Personally appeared before me, a notary public within and for above state and county, James L. Griffin, who deposes and says he is checking clerk for the Macon News and is duly authorized

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by the publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon News on the following dates: 11/24, 12/1, 12/8 signed James L. Griffin Sworn to and subscribed before me this 10th day of December, 1980 /s/ Frances E. Coker Notary Public, Bibb County, Georgia My commission expires May 4, 1982. Georgia, Bibb County Public Notice This advertisement is to provide notice that the City of Macon proposes to amend the charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502 (b) of the Code of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Georgia Code Section 69-1017 (b) designated as the Municipal Home Rule Act of 1965, as amended so as to change certain provisions relating to the Macon Pensions and Retirement System. Copies of the proposed amendments are on file in the office of the clerk of the City of Macon and in the office of the Bibb County Superior Court. 11/24, 12/1, 8, 1980-156772 Filed in the Office of Secretary of State December 29, 1980. Approved this 18th day of December, 1980. CITY OF MARIETTABOARD OF LIGHTS AND WATER. An Ordinance to amend the charter of the City of Marietta (1977 Georgia Laws, page 3541, et seq.) so as to provide two additional members to the Board of Lights and Water Works; to provide the appointment of the said additional members by the

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council of the City of Marietta; to provide that the two additional members shall be non-residents of the City of Marietta, 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. Section 5.1 of the charter of the City of Marietta (1977 Georgia Laws, 3541, 3580, as amended by a charter amendment passed May 9, 1979, and June 13, 1979) 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, the chairman of the committee of water and lights from the council of the City of Marietta, three residents of Marietta, and two nonresidents of the City of Marietta who have been recipients of services from the board of lights and water for at least two and one-half years. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks but shall not be a member of the board and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident and nonresident 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 chairman of the committee of water and lights shall be appointed by the Mayor with the consent of the council each December for a term to begin January 1 and to continue for one (1) year. If a nomination is not made by the Mayor of the chairman of the committee of water and lights by December 31 of each year, the Council

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may select the chairman of the committee of water and lights by majority vote of council. The members of the board shall be paid such compensation as is set by the council. 2. This ordinance shall be considered by the council of the City of Marietta on January 9, 1980, at 7:00 p.m. and on February 13, 1980, beginning at 7:00 p.m. in the City Council Chambers, 205 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 December 21, 1979, and continuing each Friday through February 8, 1980, being a total of eight 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, 205 Lawrence Street, Marietta, Georgia, and 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

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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 12th day of December, 1979. /s/ J. Dana Eastham, Mayor Attest: /s/ Barbara M. Goscha City Clerk Ordinance voted on for first reading January 9, 1980 by a vote of 6 Ayes, 0 Nayes (one member absent from vote). Ordinance vote on for second reading February 13, 1980 by a vote of 6 Ayes, 0 Nayes (one member absent from vote). Date: February 13, 1980 Approved: /s/ J. Dana Eastham Mayor and Council Attest: /s/ Barbara M. Goscha City Clerk Approved as to form: /s/ Roy E. Barner City Attorney Clerk's Certification City of Marietta Cobb County, Georgia 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 No. 3657 is a true and correct copy as same appears of record as approved by the Governing

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Body on a first reading January 9, 1980, and final reading on February 13, 1980. Witness my hand and seal of this office this 21st day of February, 1980. /s/ Barbara M. Goscha City Clerk City of Marietta Cobb County, Georgia I, Carl McNeil holding the position of Ass't. Secretary, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal once on the following dates: Friday, December 21, 1979 Friday, December 28, 1979 Friday, January 4, 1980 Friday, January 11, 1980 Friday, January 18, 1980 Friday, January 25, 1980 Friday, February 1, 1980 Friday, February 8, 1980 This the 19th day of Feb., 1980. /s/ Carl McNeil Sworn to and subscribed before me this 19th day of Feb., 1980. /s/ Thelma Kemp Richards Notary Public My Commission Expires Oct. 17, 1983 Notice Notice is hereby given that the Council of the City of Marietta, Georgia, shall consider on January 9, 1980, and February 13, 1980, beginning at 7:P.M. in the Council Room of the City

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Hall, 205 Lawrence Street, Marietta, Georgia, a change to the Charter of the City of Marietta (1977 Georgia Laws, 3541, et seq.) to allow the appointment of two additional members to the Board of Lights and Water, and to require that the additional members shall be appointed by the Council of the City of Marietta, and shall be non-residents of the City of Marietta. Copies of the proposed Amendments are on file in the Office of the Clerk of the City of Marietta, 205 Lawrence Street, Marietta, Georgia, and also on file in the Office of the Clerk of Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia. Any person wishing to receive a copy of said Amendments should apply in writing to the above described offices. All interested parties are invited to attend. /s/ John M. Crane City Manager City of Marietta, Georgia 12:21, 28; 1:4, 11, 18, 25; 2:1, 8 Filed in the Office of Secretary of State April 7, 1980. CITY OF MARIETTACOUNCILMEN. An Ordinance to amend the charter of the City of Marietta (1977 Georgia Laws, 3541, 3550) to provide that a candidate for councilman shall be a resident of the ward from which he seeks election for one year immediately preceding his election, and for other purposes. Be it ordained by the council of the City of Marietta, Georgia, and it is hereby ordained by the authority of the same, as follows: 1. That Section 2.3 of the charter of the City of Marietta, Georgia (1977 Georgia Laws, 3541, 3550) is hereby stricken in its entirety

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and inserted therein the following: Section 2.3 Qualifications of mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person shall be at least 21 years of age and shall meet the requirements of a qualified voter of the city, as prescribed by state law, shall have been a bona fide resident of the city, if a candidate for mayor, and the ward from which he seeks election, if a councilman, for at least one (1) year next preceding the election, and shall continue to reside therein during his term of office. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless he has received a full pardon and has all rights of citizenship restored. 2. This ordinance shall be considered by the council of the City of Marietta on July 9, 1980, at 7:00 p.m. and on August 18, 1980, beginning at 7:00 p.m. in the Council Chamber, City Hall, 205 Lawrence Street, Marietta, Georgia. 3. Be it further ordained that all acts and parts of acts or ordinances which are in conflict with this ordinance are hereby repealed. Resolved this 11th day of June, 1980. /s/ J. Dana Eastham Mayor Attest: Barbara M. Goscha City Clerk Approved as to form: Roy E. Barnes City Attorney

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Ordinance voted on for the first reading July 9, 1980, by a vote of 4 Yeas, 3 Nays. Ordinance voted on for the second reading August 13, 1980, by a vote of 4 Yeas, 2 Nays, 1 Abstaining. /s/ J. Dana Eastham Mayor Attest: /s/ Barbara M. Goscha City Clerk Approved as to form /s/ Roy E. Barnes City Attorney Clerk's Certification. City of Marietta Cobb County, Georgia I, Barbara M. Goscha, do hereby certify that I am clerk of the City of Marietta and keeper of the records of said municipality and, as such, do certify that the attached Ordinance No. 3700 is a true and correct copy as same appears of record as approved by the Governing Body in regular meetings held on July 9, 1980 and August 13, 1980. Witness my hand and seal of this office this 14th day of August, 1980. /s/ Barbara M. Goscha City Clerk City of Marietta Cobb County, Georgia I, Carl McNeil, holding the position of Ass't. Secretary, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following dates:

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Friday, June 13, 1980 Friday, June 20, 1980 Friday, June 27, 1980 Friday, July 11, 1980 Friday, July 18, 1980 Friday, July 25, 1980 Friday, August 1, 1980 Friday, August 8, 1980 This 18th day of Aug., 1980. /s/ Carl McNeil Sworn to and subscribed before me this 18th day of Aug., 1980. /s/ Thelma Kemp Richards Notary Public, Georgia State at Large My Commission Expires Oct. 17, 1983. Legal Notice City of Marietta Notice is hereby given that the Council of the City of Marietta, Georgia, shall consider on July 9, 1980, beginning at 7:00 p.m. in the Council Chamber, City Hall, 205 Lawrence Street, Marietta, Georgia, a change to the charter of the City of Marietta (1977 Georgia Laws, 3541, et seq.) to require that a candidate for councilman shall be a resident of the ward from which he seeks election for one year immediately preceding his election. Copies of the proposed amendment are on file in the office of the clerk of the City of Marietta, 205 Lawrence 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 amendment should apply in writing to the above described offices. All interested parties are invited to attend. /s/ Barbara M. Goscha City Clerk Marietta, Georgia 6:13,20,27;7:11,18,25;8:1,8

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Filed in the Office of Secretary of State August 27, 1980. CITY OF MARIETTAMAYOR AND COUNCIL. An Ordinance to amend the charter of the City of Marietta (1977 Ga. Laws pp. 3541 et seq.) to provide that candidates for the office of mayor and members of the council shall have attained the age of eighteen (18) years; to repeal conflicting ordinances; 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. Section 2.3 of the charter of the City of Marietta (1977 Ga. Laws 3541 et. seq.) is hereby stricken in its entirety, and there is inserted therein the following, Section 2.3. Qualifications of mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person shall be at least 18 years of age and shall meet the requirements of a qualified voter of the city, as prescribed by state law, shall have been a bona fide resident of the city for at least one (1) year next preceding the election, if a candidate for mayor, and the ward from which he seeks election, if a councilman, for at least one (1) year next preceding the election, and shall continue to reside therein during his term of office. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless he has received a full pardon and has all rights of citizenship restored. 2. This ordinance shall be considered by the council of the City of Marietta on October 8, 1980, at 7:00 p.m. and on November

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12, 1980, at 7:00 p.m. in the Council Chambers, 205 Lawrence Street, Marietta, Georgia. 3. Be it further ordained that all acts or parts of acts or ordinances which are in conflict with this ordinance are hereby repealed. Passed first time, October 8, 1980. 6 Yes, 1 No. Passed second time, November 12, 1980. 5 Yes, 0 No. /s/ J. Dana Eastham Mayor Attest: /s/ Barbara M. Goscha City Clerk Approved as to Form /s/ Roy E. Barnes City Attorney Clerk's Certification City of Marietta Cobb County, Georgia I, Barbara M. Goscha, do hereby certify that I am clerk for the City of Marietta and keeper of the records of said municipality, and as such do certify that the attached ordinance No 3724 is a true and correct copy as same appears of record as approved by the Governing Body in regular meeting held on October 8, 1980, and November 12, 1980. Witness my hand and seal of the City of Marietta this 13th day of November 1980. /s/ Barbara M. Goscha City Clerk

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City of Marietta Cobb County, Georgia I, Harris S. Kettles holding the position of general manager, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following dates: Friday, September 19, 1980 Friday, September 26, 1980 Friday, October 3, 1980 Friday, October 10, 1980 Friday, October 17, 1980 Friday, October 24, 1980 Friday, October 31, 1980 Friday, November 7, 1980 This 12th day of Nov., 1980. /s/ Harris S. Kettles Sworn to and subscribed before me this 12th day of Nov., 1980. /s/ Thelma Kemp Richards Notary Public, Georgia State at Large My Commission Expires Oct. 17, 1983 Public Notice Notice is hereby given that the Council of the City of Marietta shall consider on October 8, 1980, and November 12, 1980, beginning at 7:00 P.M., in the Council Chambers of the City of Marietta, 205 Lawrence Street, Marietta, Georgia, a change to the charter of the City of Marietta (1977 Ga. Laws pp. 3541 et seq.) to require that a candidate for the office of mayor or member of the council shall have attained the age of 18 years. Copies of the proposed amendment are on file in the Office of the Clerk of the City of Marietta, 205 Lawrence Street, Marietta, Georgia, and also in the Office of the Clerk of Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia. Any person wishing to receive a copy of said

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amendment should apply in writing to the above described offices. All interested parties are invited to attend. /s/ Barbara M. Goscha City Clerk 9:19, 26; 10:3, 10, 17, 24, 31; 11:7 Filed in the Office of Secretary of State November 13, 1980 CITY OF NEWNANRETIREMENT SYSTEM. An Ordinance to amend the charter of the City of Newnan by amending the City of Newnan Retirement Plan, section 12-2(12) and section 12-4 so as to include the members of the City governing authority (Mayor and Board of Aldermen) in said retirement plan and to provide for a formula for retirement benefits for the members of the city governing authority of the City of Newnan, and for other purposes. Be it ordained and it is hereby ordained by the mayor and board of aldermen of the City of Newnan and Georgia Code section 69-310(b) (Georgia Laws 1962, pages 140-142, 1973, pages 778-779, 1976 pages 188-189, 1979 pages 645-646), and Georgia Code section 69-1017 (Ga. Laws 1965, pages 298-299; 1966, page 296; 1976, page 1429) that section 12-2(12) of the charter of the City of Newnan be and is hereby repealed in its entirety and a new section 12-2(12) is hereby added to the charter of the City of Newnan to read as follows: 12-2(12) Employee shall mean any person who is an elected member of the city governing authority (Mayor and Board of Aldermen), and any person regularly employed by the city on a full time basis. Be it further ordained that section 12-4 of the charter of the City of Newnan is hereby repealed in its entirety and a new section

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12-4 is hereby added to the charter of the City of Newnan to read as follows: Sec. 12-4 Normal Retirement. (1) Each participant, except members of the city governing authority (Mayor and Board of Aldermen) upon retirement on his or her normal retirement date is entitled to begin receiving an annual retirement income payable in monthly installments. The amount of each monthly retirement income payment to a participant shall equal one-twelfth (1/12th) of the amount produced by applying the appropriate percentage as set forth in paragraph (2) below:

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(2) Column I Column II Column II Completed Years of continuous Service Percentage to be Applied to first $6,000 of Participant's Career Average Earnings Percentage to be Applied to Participant's Career Average Earnings in Excess of $6,000 Less than 10 .00% .00% 10 but less than 11 10.00% 15.00% 11 but less than 12 11.00% 16.50% 12 but less than 13 12.00% 18.00% 13 but less than 14 13.00% 19.50% 14 but less than 15 14.00% 21.00% 15 but less than 16 15.00% 22.50% 16 but less than 17 16.00% 24.00% 17 but less than 18 17.00% 25.50% 18 but less than 19 18.00% 27.00% 19 but less than 20 19.00% 28.50% 20 but less than 21 20.00% 30.00% 21 but less than 22 21.00% 31.50% 22 but less than 23 22.00% 33.00% 23 but less than 24 23.00% 34.50% 24 but less than 25 24.00% 36.00% 25 but less than 26 25.00% 37.50% 26 but less than 27 26.00% 39.00% 27 but less than 28 27.00% 40.50% 28 but less than 29 28.00% 42.00% 29 but less than 30 29.00% 43.50% 30 or more 30.00% 45.00%

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(Ord of 6-12-71, IV) (3) Members of the City Governing Authority (Mayor and Board of Aldermen) with two years or more continuous service shall become a participant in this plan and after 15 years continuous service and on the first day of the month coincident with or next following the day on which the participant attains his or her 65th birthday shall be entitled to a benefit of $16.00 per month for each year of service on the City Governing Authority (Mayor and Board of Aldermen). 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 21st day of January, 1980. /s/ Joe P. Norman Mayor /s/ Alvin E. Johnston /s/ Sidney 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 Adopted in open session for the second time by the Mayor and Board of Aldermen of the City of Newnan, this 11th day of

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February, 1980. /s/ Joe P. Norman Mayor /s/ Alvin E. Johnston /s/ Billy A. Abraham /s/ Sidney Pope Jones, Jr. Board of Aldermen Reviewed: /s/ Charles L. Goodson City Attorney Georgia, Coweta County 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: January 24th, January 31st and February 7th, 1980. 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 the participation of the members of the city governing authority (Mayor and Board of Aldermen) in the City of Newnan Retirement Plan. 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 purposes 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.

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This 21st day of January, 1980. /s/ William W. Thomasson Sworn to and subscribed before me this the 13th day of February, 1980. /s/ Nancy D. Lamb Notary Public Certificate of City Clerk I hereby certify that the attached ordinance is a true and correct copy of the original ordinance adopted by the mayor and board of aldermen and filed in the office of the city clerk on the 11th day of February, 1980. Witness my hand the official seal of the City of Newnan, Georgia, this 12th day of February, 1980. /s/ Martha C. Ball City Clerk (Seal) Notice 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 the participation of the members of the city governing authority (Mayor and Board of Aldermen) in the City of Newnan Retirement Plan. 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 purposes 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 the 21st day of January, 1980.

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Charles L. Goodson, City Attorney Richard A. Bolin, City Manager No.41-1-24-31/2-7 Filed in the Office of Secretary of State February 15, 1980. CITY OF RIVERDALERECORDER'S COURT. An Ordinance to amend the charter of the City of Riverdale, (Ga. Laws 1957, p. 2791, Act No. 284, 8 section 31 of the code of ordinances of the City of Riverdale), relating to appeals from the recorder's court of the City of Riverdale to the mayor and council of the City of Riverdale, to repeal conflicting ordinances, and for other purposes. Be it ordained by the mayor and council of the City of Riverdale, and it is hereby enacted pursuant to the authority of the same, that the charter of the City of Riverdale is hereby amended as follows: 1. By striking (Ga. Laws 1957, p. 2791, Act No. 284, 8; section 31 of the Code of Ordinances of the City of Riverdale, in its entirety and in lieu thereof substituting the following: Section 31. Certiorari. Any person convicted of a violation of any ordinance of said city in the recorder's court may apply for certiorari pursuant to the laws of the State of Georgia, to the Superior Court of Clayton County, provided all costs are first paid and bond and security given in double the amount of the fine imposed. 2. A copy of this proposed amendment to the charter of the City of Riverdale (Ga. Laws 1956, p. 2205, Act No. 53 approved

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February 13, 1956) shall be filed in the office of the clerk of the council of the City of Riverdale and in the office of the clerk of the superior court of Clayton County, Georgia, and a notice of this proposed amendment to the charter of the City of Riverdale, 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 Riverdale 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 Riverdale. 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 Riverdale and the office of the clerk of the superior court court (sic) of Clayton County. All laws and parts of law in conflict herewith are hereby repealed. Enacted this 7th day of January, 1980. Mayor and Council for the City of Riverdale By: Lamar Hutcheson Mayor Attest: /s/ Elizabeth, Iler, City Clerk Notice of Proposed Amendment to the Charter of the City of Riverdale. (Ga. Laws 1956, p. 2205, Act No. 53, approved February 13, 1956 as amended by Ga. Laws 1957, p. 2791, Act No. 284, 8) Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Riverdale (Ga. Laws, 1956, p. 2205, Act No. 53 approved February 13, 1956 as amended by Ga. Laws 1957, p. 2791, Act No. 284, 8) so as to provide for certiorari to the superior court of Clayton County from the recorder's court of the City of Riverdale; to repeal conflicting laws; and for other purposes.

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A copy of the proposed amendment is on file in the office of the city clerk of the City of Riverdale and in the office of the clerk of the superior court of Clayton County, Georgia, for purposes of examination and inspection by the public. This the 3rd day of December, 1979. /s/ Elizabeth Iler City Clerk City of Riverdale Affidavit of Publication State of Georgia County of Clayton Personally appeared before the undersigned Mrs. Sara Allen who on oath says that she is assistant legal manager of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: December 11,18,25, 1979. /s/ Mrs. Sara Allen (Seal) Notice of Proposed Amendment to the Charter of the City of Riverdale (Ga. Laws 1956, p. 2205, Act No. 53, approved February 13, 1956 as amended by Ga. Laws 1957, p. 2791, Act No. 284, S8) Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Riverdale (Ga. Laws, 1956, p. 2205, as amended by Ga. Laws 1957, p. 2791, Act No. 284, S8) so as to provide for certiorari to the superior court of Clayton County from the recorder's court of the City of Riverdale; 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 Riverdale and in the office of the clerk of the superior court of Clayton County, Georgia, for purposes of examination and inspection by the public.

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This the 3rd day of December, 1979. /s/ Elizabeth Iler City Clerk City of Riverdale Sworn to and subscribed before me this 7th day of Jan., 1980. /s/ Pat Des Rochers Notary Public Filed in the Office of Secretary of State January 21, 1980. CITY OF ST. MARYSCITY MANAGER. An Act 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 change the residence requirements for 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 a new charter and municipal government for the City of St. Marys (Ga. Laws 1910, p. 1086), as amended, is hereby amended by striking the last sentence from section 3A, paragraph (b) and inserting in lieu thereof the following: 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 geographical limits of the 29th District, G.M., Camden County, Georgia. so that as amended, Section 3A(b) of the charter of the City of St. Marys shall read as follows:

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(b) The city manager shall be chosen solely on the basis of executive, administrative, and managerial qualifications with special reference to actual experience in or knowledge of accepted practices in respect to the duties of the office hereinafter set forth. At the time of 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 geographical limits of the 29th District, G.M., Camden County, Georgia. Section 2. This amendment shall become effective on February 15, 1980. Section 3. All ordinances or resolutions in conflict herewith are hereby repealed. Georgia, Camden County Affidavit of Publisher Personally appeared before the undersigned officer duly authorized by Georgia Law to administer oaths and take acknowledgements, Carlton Roberts, who says on oath that he is the publisher of The Camden County Tribune, a newspaper having a general circulation in Camden County, Georgia; that said newspaper is the official organ of said county in which the sheriff's advertisements are published; and that the attached notice was printed and published in said newspaper in the following issues, to-wit: January 10, 17 and 24, 1980 Said notice being a legal notice in regard to an amendment to the city charter of the City of St. Marys. /s/ Carlton Roberts, Publisher Camden County Tribune Sworn to and subscribed before me this 21st day of February, 1980.

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/s/ Jane C. Howard Notary Public My commission expires Oct. 13, 1980 Notice of Proposed Amendment to the 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 January 3, 1980 and February 7, 1980, act to amend the city charter of the City of St. Marys. The proposed amendment will change section 3A of the city charter to provide that the city manager shall live within the geographical boundaries of the 29th District, G.M., of Camden County, Georgia. A copy of the proposed amendment is on file 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. Alvin J. Dickey, Mayor of the City of St. Marys 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 notice of proposed amendment to the city charter of the City of St. Marys and an Act 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 change the residence requirements for the city manager, and for other purposes, is a true and correct copy of same as adopted at the regular meetings of the mayor and council of the City of St. Marys held on January 3, 1980 and February 7, 1980, 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 21st day of February, 1980. /s/ Jane C. Howard City Clerk Filed in the Office of Secretary of State February 25, 1980.

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CITY OF SAVANNAHPENSION PLAN. An Ordinance to amend the charter of the City of Savannah by amending the pension plan adopted June 8, 1972, as amended; to provide for delayed retirement; to provide for past service credits for service with Chatham County or any joint agency thereof; to provide for transfer of credited service under certain conditions; to repeal all ordinances in conflict herewith; and for other purposes. Be it ordained by the mayor and aldermen of the City of Savannah, Georgia, in regular meeting of council assembled and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with Georgia Code Annotated, section 69-1017, that the charter of the City of Savannah be amended by amending the Pension Plan adopted and approved June 8, 1972, as amended, as follows: Section 1: By striking from Article VII thereof, Section C.2.(a) Delayed Retirement Date and inserting in lieu thereof the following: 2. Delayed Retirement. (a) Delayed Retirement Date. On and after January 1, 1979, a General Employee of the city may remain in the active employ of the city beyond the normal retirement age of sixty-five (65) to age seventy (70) provided, however, that the city manager may require, at any time, such employee to obtain a medical examinaton certifying medical fitness to perform the duties of the position he holds. Credited service shall continue to accrue beyond age sixty-five (65) provided that total accrued credited service shall not exceed forty (40) years. An employee electing to remain in the city's employ after age sixty-five (65) shall not be eligible to receive a disability pension for a non-job incurred disability, but on incurring such disability, shall be required to retire as provided for non-disability retirement. The provisions herein shall not apply to a participant serving in an elective office or by election or appointment of the mayor and aldermen but credited service shall continue to

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accrue so long as the participant serves in said office provided that total accrued credited service shall not exceed forty (40) years. Section 2: By striking from Article V thereof Section D.1. Past Service and inserting in lieu thereof the following: D. Crediting of Service. 1. Past Service. Each employee of the city on the effective date who becomes a participant as of the effective date shall receive past service credit for service with the City of Savannah, Chatham County or any joint agency of the City of Savannah and Chatham County equal to the number of years and months of his full-time service with the City of Savannah, Chatham County or any joint agency of the City of Savannah and Chatham County prior to the effective date. Such credit shall apply only to those employees of the city on the effective date. Transfer of Credited Service. After the effective date, any new employee of the city who transfers from service with Chatham County or from service with a joint agency of the City of Savannah and Chatham County, shall receive past service credit for services with these agencies only if such agencies had retirement plans equivalent to the retirement plan of the City of Savannah, and only if such employee was under such retirement plans at the time he terminated with such agencies, and had not withdrawn any contributions he had made to such plans, and provided such agencies agree to transfer to the city retirement plan any assets accrued on behalf of the employee. Section 3: All laws in conflict herewith are herby repealed. Adopted and Approved June 26, 1980. /s/ John P. Rousakis Mayor Attest: /s/ Dyanne C. Reese Acting Clerk of Council

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I, Sophie S. Gottlieb, clerk of council of the mayor and aldermen of the City of Savannah, Georgia, do hereby certify this to be a true and exact copy of an ordinance adopted and approved by said mayor and aldermen in meeting assembled, June 26, 1980. Signed and Sealed July 10, 1980 /s/ Sophie S. Gottlieb Clerk of Council State of Georgia Chatham County Affidavit of Publication of the Georgia Gazette and Journal Record 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; That she has reviewed the editions of the Georgia Gazette and Journal Record published on May 19, 1980; May 26, 1980; June 2, 1980; and says of her own personal knowledge that the advertisement attached hereto and made a part hereof appeared in

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each of said editions. /s/ H. M. Smith (Deponent) City of Savannah Special Notice Notice is hereby given that the mayor and aldermen of the City of Savannah will consider an ordinance proposed pursuant to Ga. Code Ann. Section 69-1017 to amend the charter of the City of Savannah to amend the pension plan adopted and approved June 8, 1972, as amended. The amendment will be considered at the meeting of council, June 12, 1980 at 2:00 p.m. in council chamber at city hall, and further considered for final adoption at the next regular meeting June 26, 1980. A copy of the proposed ordinance is on file in the office of the clerk of council and the office of the clerk of the superior court of Chatham County, Georgia for the purpose of examination and inspection by the public. This 14th day of May, 1980. Sophie S. Gottlieb Clerk of Council May 19, 26, June 2, 1980 Sworn to and subscribed before me this 10th day of July, 1980. /s/ Carolyn F. Benedict Notary Public, Chatham County Georgia Filed in the Office of Secretary of State July 14, 1980.

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CITY OF SAVANNAHPENSION PLAN. An Ordinance to amend the charter of the City of Savannah by amending the pension plan adopted February 20, 1945, as amended; to amend sections 1-1502, 1-1503, 1-1512 and 1-1525; to allow an increase in benefits of one (1%) percent of each pensioner's monthly benefit for each year of service with the city at the time of retirement, up to a maximum of twenty-five (25) years or more of credited service; to repeal all ordinances in conflict herewith; and for other purposes. Be it Ordained by the mayor and aldermen of the City of Savannah, Georgia, in regular meeting of council assembled and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with Georgia Code Annotated, Section 69-1017, that the charter of the City of Savannah be amended by amending the pension plan adopted and approved February 20, 1945, as amended. Section 1: That the charter of the City of Savannah be amended by amending section 1-1502(c) and section 1-1502(d) to read: ... shall not exceed $100 plus an increase in benefits effective July 1, 1980, of 1% of each pensioner's monthly benefit for each year of service with the City of Savannah at the time of retirement, up to a maximum of twenty-five (25) years. Section 2: That the charter of the City of Savannah be amended by amending section 1-1503(a), (b) and (c) to read: ... plus a benefit effective July 1, 1980, of 1% of each pensioner's monthly benefit for each year of service with the City of Savannah, at the time of retirement, up to a maximum of twenty-five (25) years. Section 3: That the charter of the City of Savannah be amended by amending section 1-1512 as reads: ... Not to exceed $100.00 plus a monthly benefit increase effective July 1, 1980, of 1% of the pensioner's monthly benefit for each year of service with the City of Savannah at the time of retirement up to a maximum of twenty-five (25) years. Section 4: That the charter of the City of Savannah be amended by amending section 1-1525 A and B as reads:

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Section 1-1525 A ... The amount of each such monthly retirement benefit of any such employee who has had not less than ten years of continuous service shall be 1/12 of the total of (a) and (b) plus (c) (when applicable) as follows: a. of one percent of the first $1,200.00 of his average regular earnings multiplied by the number of years of continuous service with the City. b. 1 percent of the next $3,000.00 of his average regular earnings multiplied by the number of years of continuous service with the City. c. A retirement pay increase effective July 1, 1980, of 1% of each pensioner's monthly benefits for each year of service with the City at the time of retirement up to a maximum of twenty-five (25) years. Section 1-1525 B(a) ... The maximum city retirement benefits to be paid pursuant to the provisions of this Act shall be $68.75 per month plus the retirement pay increase authorized by Paragraph A(c) above. Section 5: All charters, code provisions or ordinances in conflict herewith are hereby repealed. Adopted and approved June 26, 1980. /s/ John P. Rousakis Mayor Attest: /s/ Dyanne C. Reese Acting Clerk of Council I, Sophie S. Gottlieg, clerk of council of the mayor and aldermen of the City of Savannah, Georgia, do hereby certify this to be a true and exact copy of an ordinance adopted by said mayor and aldermen in meeting assembled, June 26, 1980.

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Signed and Sealed July 10, 1980. /s/ Sophie S. Gottlieb Clerk of Council State of Georgia Chatham County Affidavit of Publication of the Georgia Gazette and Journal Record. 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; That she has reviewed the editions of the Georgia Gazette and Journal Record published on May 19, 1980; May 26, 1980; June 2, 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) Special Notice Notice is hereby given that the mayor and aldermen of the City of Savannah will consider an Ordinance proposed pursuant

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to Ga. Code Ann. Section 69-1017 to amend the charter of the City of Savannah to amend the old pension plan sections 1-1502, 1-1503, 1-1512, and 1-1525 of the 1977 city code to allow an increase in benefits of one (1%) per centt of each pensioner's monthly benefit for each year of retirement, up to a maximum of twenty-five (25) years of credited service. The amendment will be considered at the meeting of council June 12, 1980 at 2:00 p.m. in council chamber at city hall and further considered for final adoption at the next regular meeting June 26, 1980. A copy of the proposed amendment is on file in the Office of the clerk of council and the office of the clerk of superior court of Chatham County, Georgia for the purpose of examination and inspection by the public. This 14th day of May, 1980. Sophie S. Gottlieb Clerk of Council May 19, 26, June 2, 1980 Sworn to and subscribed before me this 10th day of July, 1980. /s/ Carolyn F. Benedict Notary Public, Chatham County Georgia Filed in the Office of Secretary of State July 14, 1980. TOWN OF TOOMSBOROTAX ON INSURANCE COMPANIES. Section 4. 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

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writing life, accident, and sickness insurance doing business within the Town of Toomsboro in an amount equal to one per cent (1%) of the gross direct premium received during the preceding calendar year from policies insuring persons residing within the corporate limits of the Town of Toomsboro. Gross Direct Premiums as used in this ordinance shall mean gross direct premiums as used in 56-1303 of the Insurance Code of Georgia as amended. The tax levied by this section is in addition to the license fees levied by section 1. Section 5. 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 Town of Toomsboro 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 Town of Toomsboro, excluding premiums taxed under section 4. The tax levied by this section is in addition to the license fees levied by section 1. Section 6. Administrative Provisions. B. The premium taxes levied by section 4 and 5 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. July 30, 1979 In the July 2nd meeting of the Town Council of Toomsboro the Gross Premium Tax Ordinance on Insurance Companies was passed. It is my understanding that a copy of this Ordinance must be submitted to your office for approval. It is with this intention I mail you a copy of the ordinance and a stamped self-addressed envelope for your convenience in returning it to Toomsboro.

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Thank you. Yours very truly, /s/ Amelia Lord Clerk Enclosures Sept. 7, 1979 To Whom It May Concern: The attached legal advertisement was published in the Wilkinson County News, the official organ of Wilkinson County on the following dates: Aug. 16, 1979 Aug. 23, 1979 Aug. 30, 1979 /s/ Mrs. Hazel C. Connell General Mgr. /s/ Amelia Lord Notary Public, Georgia State at Large My Commission Expires March 8, 1981 Section 4. 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 Town of Toomsboro in an amount equal to one per cent (1%) of the gross direct premium received during the preceding calendar year from policies insuring persons residing within the corporate limits of the Town of Toomsboro. Gross Direct Premiums as used in this ordinance shall mean gross direct premiums as used in 56-1303 of the Insurance Code of Georgia as amended. The tax levied by this Section is in addition to the license fee levied by Section 1. Section 5. Gross Premium Tax, All Other Companies. There is hereby levied for the year 1979 and for each year thereafter an

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annual tax upon each company doing an insurance business in the Town of Toomsboro in an amount equal to one percent (1%) of the gross direct premiums received during the preceding calendar year from policies upon risks located within the corporate limits of the Town of Toomsboro, excluding premiums taxed under Section 4. The tax levied by this Section is in addition to the license fees levied by Section 1. The above ordinance was adopted by the Mayor and Council of the Town of Toomsboro on July 2, 1979. A16,23,30d Filed in the Office of Secretary of State March 13, 1980. CITY OF WARNER ROBINSBIDS. An Ordinance of the mayor and council of the City of Warner Robins, Georgia amending section 5-401 of the charter of the City of Warner Robins pertaining to bids. 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 sub-section (b) of Code section 5-401 of the charter be changed as follows: I. By adding to sub-section (b) of the Code section 5-401 the following. Provided, however, that such bids shall not be required as to any equipment or supplies purchased on a state contract; that is, at the State price and terms from the vendor who has been awarded the contract for purchases by the state of Georgia as to the item being purchased for the year in which the item is being purchased.

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II. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. III. This ordinance shall become effective July 21, 1980. This 7th day of July, 1980. City of Warner Robins, Georgia By: Fay Evans Mayor Attest: /s/ Thomas E. McMinn City Clerk Georgia, Houston County I hereby certify that the foregoing ordinance changing that section of the city charter which is codified as section 5-401 was adopted by mayor and council at its regular meeting on July 7, 1980 by the following vote This 7th day of July, 1980. /s/ Thomas E. McMinn City Clerk Georgia, Houston County I hereby certify that the foregoing ordinance changing that section of the city charter which is codified as section 5-401 was adopted by mayor and council at its regular meeting on July 21, 1980 by the following vote This 21st day of July, 1980. /s/ Thomas E. McMinn City Clerk

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Georgia, Houston County Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the legal notice, Compliance Section 69-1107Amendment of Charter was published in The Houston Home Journal on the following dates: June 5, 12 19, 1980 This 1st day of July, 1980. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 1st day Of July, 1980 /s/ Sally P. Quinn Notary Public Houston County My Commission Expires April 28, 1984 Legal Notice In compliance with section 69-1017 (b) of the Code of Goergia 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 July 17, 1980 and July 21, 1980 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 5-401 pertaining to a requirement to obtain three or more sealed competitive bids for the purchase of equipment, supplies or real property valued at $1500.00 or more as follows: By adding to sub-section (b) of Code section 5-401 the following: Provided, however, that such bids shall not be required as to

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any equipment or supplies purchased on a State contract; that is, at the State price and terms from the vendor who has been awarded the contract for purchases by the State of Georgia as to the item being purchased for the year in which the item is being purchased. A copy of the proposed amendment is on 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 By: Foy Evans, Mayor Attest: Thomas E. McMinn, City Clerk Filed in the Office of Secretary of State July 28, 1980

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 22, 1981 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 43, 69, 157 and 353 which were passed by the General Assembly of Georgia at the 1981 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

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 22, 1981 George Busbee Governor Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 58, 130, 377, 432, 639, 1021, 1063 and 272 which were passed by the General Assembly of Georgia at the 1981 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

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Veto No. 1S. B. 43 by Senator Barnes of the 33rd Senate Bill 43 and House Bill 101 accomplish the same objectives and are practically verbatim in their textual content. The authors of both bills have consulted and arrived at the mutual decision that House Bill 101 is the more preferable bill to accomplish the technical amendments necessary to amend the Uniform Commercial Code to redefine the term public sale. Therefore, the author of Senate Bill 43 requested that I sign into law House Bill 101 and veto Senate Bill 43. I have done so. Veto No. 2S. B. 69 by Senator Coverdell of the 40th Senate Bill 69 would make an employer who is engaged in the business of operating taxicabs liable for the actions of an independent contractor who intentionally causes unlawful detention, injuries or damages to other persons or property. Presumably the employer would remain insulated from the responsibility for the tortius conduct of the contractor if the negligence of the contractor is not intentional. To place upon an employer the responsibility to respond to injuries occasioned by an independent contractor who is not subject to the immediate direction and control of the employer is a proposition which in certain limited instances the General Assembly has addressed and found to be in the public interest. However, to require the employer to bear the burden of responding to the intentional tortious conduct of an independent contractor is an unconscionable burden to place upon the employer. Regardless of the care, prudence and sound judgment which might be exercised by the employer in selecting his contractor, it is a burden far too onerous to place upon the employer the requirement to possess the clairvoyance which is required to determine that the contractor will not under any of the myriad circumstances in which the contractor will be operating that he will not intentionally commit tortious acts. There is an overwhelming presumption that ordinary men of good will would not intentionally injure their fellow citizens. The insurance industry in general, for reasons of sound public policy, will not insure against intentional torts. An employer engaged in the taxi business would not only be required to respond for damages caused by a contractor operating one of the employer's vehicles, but to all intentional damages caused by any independent contractor employed in any capacity by the employer. It is not in the public interest to require an employer to bear the responsibility of meeting damages occasioned by the willful

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and intentional conduct of a contractor who is not subject to the immediate direction or control by the employer. Veto No. 3S. B. 157 by Senator Sutton of the 9th Senate Bill 157 amends the Employees' Retirement System of Georgia to: 1) transfer all creditable service acquired under the Georgia Legislative Retirement System to the Teachers' Retirement System or Employees' Retirement System at such time as a former member of LRS is employed in a position which is covered by TRS or ERS. 2) authorize a member of ERS to purchase service credits for active duty rendered in the armed forces of the United States at any time from January 1, 1954 until January 1, 1956. 3) remove the 4 percent maximum assumption for rates of interest earnings which are used in actuarial computations by the retirement system board of trustees. 4) permit otherwise mandatory retirement ages to be waived by the Board of Natural Resources for a conservation ranger in order to permit the ranger to accumulate 27 years of total creditable service in lieu of the presently imposed 25 year limit. Three separate and distinct legal problems with the bill have been called to my attention. The first problem concerns the failure of the General Assembly to incorporate within the title of the bill the necessary language to cover the provisions which provide for the transfer of legislative service into TRS. The second problem concerns the implications of Section 1 which effect changes within three separate and distinct retirement systems which are the creatures of three separate and distinct acts of the General Assembly. The final legal deficiency concerns itself with the allegations that the General Assembly failed to observe and follow its own rules of legislative procedure and the possible violation of certain statutory requirements during the legislative processes leading to the enactment of Senate Bill 157. In my opinion, none of the legal deficiencies standing alone are of sufficient magnitude to lead me to conclude that we have a patently unconstitutional bill which would demand an executive veto. The service credit for military service provisions would result in an estimated unfunded liability to the system of approximately 14.7 million dollars. The fiscal impact of Section 1 has been impossible to determine. The remaining provisions of the

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bill have little or no adverse fiscal impact upon the systems. There is nothing novel or unique about ERS permitting legislative service to achieve creditable service for ERS retirement purposes. In 1971, all 261 members of the General Assembly who were members of LRS were transferred by operation of law into ERS and received under ERS as creditable service, year for year, that time which was acquired by the member as creditable service under LRS. From 1971 until now, and in the future, each member of the General Assembly who is a member of ERS receives credit for each year of service which he accumulates as a member of the General Assembly. Prior to 1971, former members of the General Assembly who subsequently became members of ERS, pursuant to legislative enactments, have been permitted to receive creditable service for their time spent as a member of the General Assembly. I have received several communications from members of the General Assembly subsequent to the enactment of the bill requesting that I exercise my veto authority, notwithstanding the face that the legislator had approved of the bill at the time of his vetoexplaining that at the time he voted for the bill, he did not understand that the proposal would authorize legislative service to become creditable service under ERS or TRS. It is difficult to sustain this lack of understanding on the basis that the language of the bill is confusing or misleading because such is not the case. The provisions of Section 1 in very simple, precise and declarative, English statements make it plain and unambiguous that precisely the effect of Section 1 is to authorize such service transfers. What is not clear and readily ascertainable from reading the provisions of Section 1 is the very distinct possibility that if Senate Bill 157 is allowed to become law a member of the General Assembly who later becomes employed in a position covered by ERS or TRS, if his retirement benefits have become vested under LRS, could reap the benefits of both LRS and ERS or TRS by using that time expended as a member of the General Assembly as creditable service under each of the two systems. The policy implications raised by the possibility of double dipping, in all fairness to the members of the General Assembly on each side of the question, did not become an important issue until after enactment and resulted only then from the benefit of sufficient time which allowed reflective analysis of the implications. This opportunity was not available to the General Assembly. A veto based solely on the policy issue of allowing legislative service to be transferred into other retirement systems cannot be sustained upon past historical policy decisions of former General Assemblys and Governors. History

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reveals many instances of such policy executions without the public outrage now being experienced. Because of the uncertainty of the implications of Section 1 of the bill, I will not allow the bill to become law and perpetuate this uncertainty as to the status of vested retirement benefits under LRS and which most assuredly will necessitate litigation ultimately to resolve this uncertainty. I do not foresee any irreparable injury which will result if an opportunity to carefully review each policy objective sought to be accomplished by Senate Bill 157 is postponed until the next session of the General Assembly. Veto No. 4S. B. 353 by Senator Littlefield of the 6th Senate Bill 353 is a local bill affecting only Camden County. Subsequent to the passage of Senate Bill 353, additional legislation accomplishing the objectives sought by Senate Bill 353's passage was adopted in more preferable form. Accordingly, pursuant to the request of the author of Senate Bill 353, I have vetoed this bill. Veto No. 5H. B. 58 by Representative Johnson of the 66th House Bill 58 would require that persons 65 years of age or older who do not desire to serve upon juries must notify the jury commissioners in writing of such fact and their names would then be removed from the jury list. Presently, the name of a person 65 years of age or older is removed from the jury list unless the jury commissioners are notified in writing that such an individual desires to serve upon juries. I am concerned that many of our citizens who are 65 years of age or older who do not care to serve upon juries will not be sufficiently aware that affirmative action is required to prevent them from being summoned for jury duty. If a burden of notification is to be imposed, I prefer that those actively desiring to serve bear the burden. I am in sympathy with the desire of the author of House Bill 58 to facilitate and encourage the service of our most experienced and wise citizens as jurors. In discussing my concerns with this legislation with the author, I have been informed that if my concerns should result in my disapproval of the bill, he intends to sponsor legislation at the next session of the General Assembly designed to facilitate the notification processes necessary to have the names of persons 65 years of age and older desiring to serve on juries placed on the jury list. In my judgment, such an approach to the problem is preferable to the solution embraced in House Bill 58. Accordingly, I have

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vetoed the bill. Veto No. 6H. B. 130 by Representatives Thomas of the 66th, Lawson of the 9th, Fuller of the 16th and others House Bill 130 provides that the operator of a motor vehicle owes to his passengers the duty to exercise ordinary care for their safety. I question the wisdom of any proposal which could result in requiring that a single degree of care is applicable to all passengers of motor vehicles regardless of the status of the operator and without regard to the paying status of the passenger. Presently operators of motor vehicles transporting passengers for hire must exercise extraordinary diligence to protect the lives and persons of their passengers, such as school children. For sound reasons of public policy, Georgia has required those who voluntarily choose to earn their livelihood by engaging in the business of transporting for compensation passengers to be inordinately attentive to the safety of those who have entrusted the care of their persons and property to the carrier. Conversely, a guest passenger who bears no portion of the burden of the responsibility for his transportation can recover only those damages which he suffers as a result of the conduct of a grossly negligent operator of a motor vehicle. I support the longstanding differential treatment prescribed by case and statutory law for paying and nonpaying passengers within motor vehicles. I see no reason to permit this demonstrated, good, public policy to be altered. Therefore, I have vetoed House Bill 130. Veto No. 7H. B. 377 by Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th and others House Bill 377 would authorize a district attorney or solicitor to enter a nolle prosequi in any pending indictment or accusation except during those periods of time in which it has been determined that the prosecuting official will not succeed himself without the necessity of securing the consent of the court. Presently a nolle prosequi may be entered only after an examination of the case has been conducted in open court and the court has consented to its entry. It is my belief that the present law is an important aspect of the checks and balances system of our government and constitutes an integral part of those procedures which contribute immeasurably to the degree of confidence in which our judicial processes are held by the

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public. The present system has operated well for more than 100 years. I am not persuaded that a change allowing a unilateral decision of dismissal would be in the best interests of the public. Therefore, I have vetoed House Bill 377. Veto No. 8H. B. 432 by Representatives Colwell of the 4th, Mullinax of the 69th, Twiggs of the 4th and others House Bill 432 as originally introduced simply permitted corporate officers of a corporation to elect noncoverage of workers' compensation insurance. Separate and distinct legislation (Senate Bill 379) was proceeding through the legislative process which was designed to amend the Insurance Code to make applicable to workers' compensation insurance the open competition rating concept which is in place for insurance ratemaking purposes for fire and casualty insurance. At the closing stages of the General Assembly session, in anticipation of the passage of Senate Bill 379, House Bill 432 was amended to conform the workers' compensation title to the proposed changes contemplated to be brought about by the passage of Senate Bill 379. However, Senate Bill 379 did not pass. Without the necessary mechanics found within Senate Bill 379, I am informed by the Insurance Commissioner that if House Bill 432 were allowed to become law, the ability of the Insurance Department to regulate workers' compensation rates would be seriously undermined. For this reason, I have vetoed House Bill 432. Veto No. 9H. B. 639 by Representatives Dent of the 85th and Cheeks of the 89th House Bill 639 amends the Act which created the Augusta-Richmond County Coliseum Authority to delete therefrom the power of the Authority to sue and be sued. Additionally, the bill declares that the General Assembly reaffirms the proposition that the doctrine of sovereign immunity is applicable to the Authority. The General Assembly has created by legislative enactment literally hundreds of authorities in order to bring to fruition projects which the State or its political subdivisions could not otherwise execute or carry out with the degree of facility which an authority's capabilities permitted. In order to permit these activities, it has been paramount that it be abundantly clear that the particular authority is not the alter ego of the State or is not the alter ego of one of the State's political subdivisions. Otherwise, the flexibility of the authority's powers

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and duties could be limited by many of the restrictions which are applicable to the State, its agencies and political subdivisions. To permit a declaration by the General Assembly to become enshrined in the State's statutory law that the applicability of the doctrine of sovereign immunity to this particular Authority is reaffirmed has unfathomed implications which could be adverse to the interests of all authorities. I cannot permit this uncertainty to jeopardize the various projects being operated by hundreds of authorities. Therefore, I have vetoed House Bill 639. Veto No. 10H. B. 1021 by Representatives Burruss and Aiken of the 21st, Darden and Wilson of the 19th House Bill 1021 is a local bill affecting only Cobb County. After its passage, it was discovered that House Bill 1021 would accomplish unintended changes. Therefore, pursuant to the request of the delegation representing Cobb County, I have vetoed House Bill 1021. Veto No. 11H. B. 1063 by Representatives Childs of the 51st, Burton of the 47th, Hawkins of the 50th and others House Bill 1063 was one of a series of bills updating the population figures of certain population acts. In updating the population figures for one county affected by House Bill 1063, another county was inadvertently excluded. Therefore, pursuant to the request of the author of House Bill 1063, I have not allowed the bill to become law. Veto No. 12H. B. 272 by Representative Murphy of the 18th House Bill 272 would provide that an applicant for certification as a peace officer would not be disqualified by virtue of the fact that the applicant had been convicted of a felony if the applicant has received a pardon for the crime for which he was convicted. The democratic processes of this Nation and State are no more nobly or appropriately illustrated than through the observance of the legislative process. It is through these processes, in a forum composed of a widely representative and diverse body, that the people's will is determined. It is through these processes that a proposal which is the subject matter of a bill or resolution is probed, evaluated, and debated and perfected.

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It is within this crucible of the committee system, of free and open floor debate, that proposals which are not worthy are rejected, that proposals which are commendable but flawed are perfected and honed to the fine cutting edge required of all proposals which will become the stated public policy of this State. House Bill 272 represents no better example or more dramatically illustrates the failure of the legislative process to function as it is intended and in a manner in which it must operate if the people's interest is to be adequately adhered to by the General Assembly of Georgia. The General Assembly is the voice of the people and represents the collective wisdom of this State's citizens. House Bill 272 received one negative vote and 191 affirmative votes in the General Assembly. No other measure passed by the General Assembly which is before me has received a larger negative response from the public in general and from the law enforcement community in particular. I can state that, judging by my mail, it is the most disfavored bill or resolution which I have had under consideration. If any law enforcement or criminal justice agency supports House Bill 272, I am not aware of it. My impression, gleaned from my mail, leads me to believe that the law enforcement community unanimously disapproves of the concept of House Bill 272. To my knowledge, local government officials have no other opinion for this legislation other than of a negative nature. It is a disservice to the proponent of any legislative proposition that he be denied the opportunity to profit from the views and suggestions of those who find fault with the merits of his proposal. It is a disservice to the people of this State also that only after a bill has completed its travels through two substantive committees of the General Assembly charged with reviewing and perfecting legislation dealing with issues of public safety, and then after scrutiny and debate by all 236 of the people's elected representatives, that the public's view of the legislation which is now so universally banned as unwise, led only one member of the General Assembly to express a negative response to this proposal. The bill passed with no amendments offered or accepted. I have shared public service with the author of this bill for more than twenty years. I do not believe for one moment that the expressions of almost universal opposition to the solution which he deemed to be correct and appropriate for the perceived problem would have gone unheeded if he had been made aware of the degree of disfavor in which his proposal was held. The author determined that in fact the present processes for the administration of the certification of peace officers permits

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convicted felons, who are artful enough to conceal their convictions, to be certified as acceptable peace officers. Those applicants lacking such artfulness cannot be certified. He proposed a solution to the problem. His fellow legislators tested the winds of public opinion and then embraced his suggested solution without change or opposition. I now must judge the merits of the bill possessed with the knowledge which I have of its public acceptance. I am persuaded that the approach suggested by House Bill 272 to the problem is not the best solution to a very real problem which has been brought to the public's attention by the author of this bill. I believe that it is imperative that the people continue to enjoy the highest regard for, and continue to repose the highest confidence in, the integrity and professional capabilities of those who are charged with the responsibility to protect their lives and property from the criminal element. If I were to sign House Bill 272, I am convinced that the public's confidence in their law enforcement personnel and sense of security would be seriously undermined. Therefore, I have vetoed House Bill 272 with the hope that a more appropriate solution to a very real and present problem will be found at the next session of the General Assembly.

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COUNTIES AND SUPERIOR COURT CIRCUITS

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APPELLATE COURTS SUPREME COURT OF GEORGIA As of May 1, 1981 ROBERT H. JORDAN Chief Justice HAROLD N. HILL, JR. Presiding Justice HIRAM K. UNDERCOFLER Associate Justice THOMAS O. MARSHALL Associate Justice HAROLD G. CLARKE Associate Justice GEORGE T. SMITH Associate Justice HARDY GREGORY, JR. Associate Justice JOLINE BATEMAN WILLIAMS Clerk HAZEL E. HALLFORD Deputy Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter COURT OF APPEALS OF GEORGIA As of May 1, 1981 J. KELLEY QUILLIAN Chief Judge BRASWELL D. DEEN, JR. Presiding Judge WILLIAM LEROY MCMURRAY, JR. Presiding Judge ARNOLD SHULMAN Presiding Judge HAROLD R. BANKE Judge ANDREW W. BIRDSONG, JR. Judge GEORGE H. CARLEY Judge JOHN W. SOGNIER Judge MARION T. POPE, JR. Judge ALTON HAWK Clerk DONALD L. SHIVER Special Deputy Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter

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SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS AND CALENDAR As of June 4, 1981 ALAPHA CIRCUIT. HONS. W.D. JACK KNIGHT, Chief Judge, Berrien County Courthouse BROOKS E. BLITCH, Judge, Clinch County Courthouse VICKERS NEUGENT, D.A., Lanier County Courthouse AtkinsonThird Monday in January and October BerrienThird Monday in February and November ClinchFirst Monday in March and November CookFirst Monday in February and October Lanier: Second Monday in January and September ALCOVY CIRCUIT. HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse GREELEY ELLIS, Judge, Newton County Courthouse J.W. (JIM) MORGAN, D.A., Newton County Courthouse NewtonSecond and third Mondays in January, April, July and October WaltonFirst and second Monday in February, May, August and November ATLANTA CIRCUIT. HONS. LUTHER ALVERSON, Chief Judge, Fulton County Courthouse SAM P. MCKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD, JOEL J. FRYER, CHARLES L. WELTNER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, CLARENCE COOPER, Judges, Fulton County Courthouse LEWIS R. SLATON, D.A., Fulton County Courthouse FultonFirst Monday in January, March, May, July, September and November ATLANTIC CIRCUIT. HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse JAMES E. FINDLEY, Judge, Tattnall County Courthouse DUPONT K. CHENEY, D.A., Liberty County Courthouse BryanThird Monday in March; first Monday in November EvansFirst Monday in February and August LibertyThird Monday in February and September LongFirst Monday in March; third Monday in August McIntoshFourth Monday in February and May; second Monday in September; first Monday in December TattnallThird Monday in April and October

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AUGUSTA CIRCUIT. HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County Courthouse FRANKLIN H. PIERCE, ALBERT MCELVEEN PICKETT, BERNARD J. MULHERIN, SR., Judges, Richmond County Courthouse SAM B. SIBLEY, JR., D.A., Richmond County Courthouse BurkeSecond Monday in May and November ColumbiaFourth Monday in March and September RichmondThird Monday in January, March, May, July, September and November BLUE RIDGE CIRCUIT. HONS. RICHARD B. NEVILLE, JR., Senior Judge, Forsyth County Courthouse FRANK C. MILLS, III, Judge, Cherokee County Courthouse RAFE BANKS, III, D.A., Forsyth County Courthouse CherokeeSecond Monday in January, May, and September FanninThird Monday in April, fourth Monday in August; first Monday in December ForsythFourth Monday in March and 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, Jeff Davis County Courthouse WILLIAM R. KILLIAN, A. BLEN TAYLOR, JR., Judges, Glynn County Courthouse GLENN THOMAS, JR., D.A., Wayne County Courthouse ApplingSecond and third Monday in February, third and fourth Monday in October CamdenFirst Monday in April and November GlynnSecond Monday in January, May and September Jeff DavisFirst and second Monday in March; fourth Monday in September; first Monday in October WayneThird and fourth Monday in April and November CHATTAHOOCHEE CIRCUIT. HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse E. MULLINS WHISNANT, KENNETH B. FOLLOWILL, ALBERT W. THOMPSON, Judges, Muscogee County Courthouse WILLIAM J. SMITH, D.A., Muscogee County Courthouse ChattahoocheeFourth Monday in March and September HarrisSecond Monday in January, May and September MarionFourth Monday in April and October MuscogeeFirst Monday in February, April, June, August, October, and December TalbotSecond Monday in March and November; third Monday in August TaylorFirst and second Monday in January and July

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CHEROKEE CIRCUIT. HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse ROBERT THOMAS POPE, Judge, Gordon County Courthouse DARRELL WILSON, D.A., Gordon County Courthouse BartowFirst Monday in February and August; fourth Monday in April; third Monday in October GordonFirst Monday in March and December; first Monday in June; second Monday in September CLAYTON CIRCUIT. HONS. MARVIN A. MILLER, Chief Judge, Clayton County Courthouse JOE C. CRUMBLEY, WILLIAM H. ISON, Judges, Clayton County Courthouse ROBERT E. KELLER, D.A., Clayton County Courthouse ClaytonFirst Monday in February, May, August and November COBB CIRCUIT. HONS. JAMES L. BULLARD, Chief Judge, Cobb County Courthouse WATSON WHITE, GRANT BRANTLEY, DOROTHY A. ROBINSON, Judges, Cobb County Courthouse TOM CHARRON, D.A., Cobb County Courthouse CobbSecond Monday in January, March, May, July, September and November CONASAUGA CIRCUIT. HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse CHARLES A. PANNELL, JR., Judge, Murray County Courthouse STEPHEN A. WILLIAMS, D.A., Whitfield County Courthouse MurraySecond Monday in February and August WhitfieldSecond Monday in January and July CORDELE CIRCUIT. HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse GARY C. CHRISTY, D.A., Dooly County Courthouse Ben HillSecond and third Monday in January; first and second Monday in April; third and fourth Monday in June and September and Monday following. CrispThird and fourth Monday in February and Monday following; second, third, and fourth Monday in May; second and third Monday in August; second, third and fourth Monday in November. DoolyFourth Monday in January and Monday following; third and fourth Monday in April; third and fourth Monday in July; third and fourth Monday in October. WilcoxSecond and third Mondays in March; fourth Monday in August and Monday following; first and second Monday in December

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COWETA CIRCUIT. HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse DEWEY SMITH, WILLIAM LEE, Judges, Carroll County Courthouse ART MALLORY, D.A., Troup County Courthouse CarrollFirst Monday in April and October CowetaFirst Monday in March; first Tuesday in September HeardThird Monday in March and September MeriwetherThird Monday in February, May, August and November TroupFirst Monday in February, May, August and November DOUGHERTY CIRCUIT. HONS. ASA D. KELLEY, JR., Chief Judge, Dougherty County Courthouse LEONARD FARKAS, Judge, Dougherty County Courthouse HOBART (HOBIE) HIND, D.A., Dougherty County Courthouse DoughertySecond Monday in January, March, May, July, September and November DUBLIN CIRCUIT. HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse DUBIGNION DOUGLAS, Judge, Laurens County Courthouse BEVERLY B. HAYES, JR., D.A., Laurens County Courthouse JohnsonThird Monday in March, June, September and December LaurensFourth Monday in January, April, July and October TreutlenThird Monday in February and August TwiggsSecond Monday in January, April, July and October EASTERN CIRCUIT. HONS. GEORGE E. OLIVER, Chief Judge, Chatham County Courthouse FRANK S. CHEATHAM, JR., PERRY BRANNEN, JR., EUGENE H. GADSDEN, Judges, Chatham County Courthouse SPENCER LAWTON, JR., D.A., Chatham County Courthouse ChathamFirst Monday in March, June, September and December FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse R. ALEX CRUMBLEY, Judge, Henry County Courthouse E. BYRON SMITH, D.A., Lamar County Courthouse ButtsFirst and second Monday in February and November; first Monday in May; third and fourth Monday in August HenrySecond, third and fourth Monday in January, April July and October LamarFirst and second Monday in March, June and December; second and third Monday in September MonroeThird and fourth Monday in February, May and November; first and second Monday in August

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GRIFFIN CIRCUIT. HONS. ANDREW J. WHALEN, JR., Chief Judge, Spalding County Courthouse BEN J. MILLER, Judge, Upson County Courthouse JOHNNIE L. CALDWELL, JR., D.A., Upson County Courthouse FayetteFirst Monday in March; second Monday in September PikeThird Monday in April and November SpaldingFirst Monday in February, June and October UpsonThird Monday in March and August; first Monday in November GWINNETT CIRCUIT. HONS. CHARLES C. PITTARD, Chief Judge, Gwinnett County Courthouse REID MERRITT, HOMER M. STARK, Judges, Gwinnett County Courthouse WILLIAM BRYANT HUFF, D.A., Gwinnett County Courthouse GwinnettFirst Monday in January, March, May, July and November; second Monday in September HOUSTON CIRCUIT. HONS. WILLIS B. HUNT, JR., Judge, Houston County Courthouse THERONE FINLAYSON, D.A., Houston County Courthouse HoustonFirst Monday in January, March, May, July, September and November LOOKOUT MOUNTAIN CIRCUIT. HONS. PAUL W. JOHNNY PAINTER, Chief Judge, Walker County Courthouse JOSEPH E. LOGGINS, Judge, Chattooga County Courthouse GARY B. ANDREWS, Judge, Walker County Courthouse DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse CatoosaFirst Monday in March, second Monday in September ChatoogaFirst Monday in February and August DadeFirst Monday in April, second Monday in October WalkerFirst Monday in May and November MACON CIRCUIT. HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse GEORGE B. CULPEPPER, III, Judge, Peach County Courthouse WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse WILLIS SPARKS, D.A., Bibb County Courthouse BibbFirst Monday in February, April, June, August, October and December CrawfordThird and fourth Monday in March and October PeachFirst and second Monday in March and August; third and fourth Monday in November

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MIDDLE CIRCUIT. HONS. WALTER C. MCMILLAN, JR., Chief Judge, Washington County Courthouse MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse H. REGINALD THOMPSON, D.A., Emanuel County Courthouse CandlerFirst and second Monday 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. HONS. JACK N. GUNTER, Judge, Habersham County Courthouse V.D. STOCKTON, D.A., Rabun County Courthouse 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. RICHARD KENYON, Chief Judge, Hall County Courthouse JAMES E. PALMOUR, III, Judge, Hall County Courthouse JEFF C. WAYNE, D.A., Hall County Courthouse 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. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse GEORGE H. BRYANT, Judge, Madison County Courthouse CLEVE MILLER, D.A., Elbert County Courthouse 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; third Monday in April and October MadisonThird Monday in February and August OglethorpeThird Monday in May and November

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OCMULGEE CIRCUIT. HONS. GEORGE L. JACKSON, Chief Judge, Jones County Courthouse JOSEPH B. DUKE, Judge, Putnam County Courthouse HUGH P. THOMPSON, Judge, Baldwin County Courthouse JOSEPH H. BRILEY, D.A., Jones County Courthouse 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 an October OCONEE CIRCUIT. HONS. ROGER HUGH LAWSON, JR., Chief Judge, Pulaski County Courthouse PHILLIP R. WEST, Judge, Dodge County Courthouse JIM WIGGINS, D.A., Dodge County Courthouse 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 Monday in March and September; second Monday in June and December TelfairFourth Monday in February and June; third and fourth Monday in October WheelerSecond Monday in February and October; third Monday in June OGEECHEE CIRCUIT. HONS. WILLIAM COLBERT HAWKINS, Chief Judge, Screven County Courthouse FAYE SANDERS MARTIN, Judge, Bulloch County Courthouse J. LANE JOHNSTON, D.A., Bulloch County Courthouse 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 PATAULA CIRCUIT. HONS. A'DELBERT BOWEN, Judge, Randolph County Courthouse CHARLES M. FERGUSON, D.A., Randolph County Courthouse 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

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PIEDMONT CIRCUIT. HONS. JAMES L. BROOKS, Judge, Jackson County Courthouse NAT HANCOCK, D.A., Jackson County Courthouse BanksFirst and second Monday in April and October BarrowFirst and second Monday in February and August; first Monday in May and November JacksonFirst and second Monday in March; second and third Monday in September ROME CIRCUIT. HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse JOHN A. FRAZIER, JR., ROBERT G. WALTHER, Judges, Floyd County Courthouse LARRY SALMON, D.A., Floyd County Courthouse Floyd: Second Monday in January, March, July and September; first Monday in May and November SOUTH GEORGIA CIRCUIT. HONS. ROBERT E. L. CULPEPPER, JR., Chief Judge, Mitchell County Courthouse ANTHONY WALLACE CATO, Judge, Decatur County Courthouse BEN L. BATEMAN, D.A., Mitchell County Courthouse BakerThird Monday in January and July Calhoun: Last 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, Colquitt County Courthouse W. G. (GUS) ELLIOTT, Judge, Lowndes County Courthouse ROY M. LILLY, Judge, Thomas County Courthouse H. LAMAR COLE, D.A., Lowndes County Courthouse BrooksFirst Monday in April and November ColquittFirst Monday in February and August EcholsFirst Monday in February and August LowndesFirst Monday in March and the Tuesday immediately following the first Monday in September ThomasFirst Monday in April and October

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SOUTHWESTERN CIRCUIT. HONS. WILLIAM F. BLANKS, Judge, Macon County Courthouse JOHN R. PARKS, D.A., Sumter County Courthouse 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, Rockdale County Courthouse CLARENCE L. PEELER, JR., CURTIS V. TILLMAN, CLYDE HENLEY, KEEGAN FEDERAL, RICHARD BELL, HILTON FULLER, Judges, DeKalb County Courthouse BOB WILSON, D.A., DeKalb County Courthouse 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, Polk County Courthouse ROBERT J. NOLAND, Judge, Douglas County Courthouse ARTHUR W. FUDGER, Judge, Paulding County Courthouse W.A. (BILL) FOSTER, III, D.A., Paulding County Courthouse 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, Tift County Courthouse JOHN D. CROSBY, Judge, Tift County Courthouse THOMAS H. PITTMAN, D.A., Tift County Courthouse IrwinThird and fourth Monday in February; second and third Monday in May and November TiftFirst Monday in March and September; first and second Monday in June and December TurnerSecond and third Monday in January and July; second Monday in April and October WorthFourth Monday in January, April, July and October

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TOOMBS CIRCUIT. HONS. ROBERT L. STEVENS, Judge, McDuffie County Courthouse KENNETH E. GOOLSBY, D.A., McDuffie County Courthouse 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, Senior Judge, Ware County Courthouse ELIE L. HOLTON, Judge, Coffee County Courthouse C. DEEN STRICKLAND, D.A., Ware County Courthouse 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, Clarke County Courthouse JOSEPH J. GAINES, Judge, Clarke County Courthouse HARRY N. GORDON, D.A., Oconee County Courthouse 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 Bulloch County; allocation of local sales and use tax 1931 Bulloch County; tax rates, etc. 1916 Camden County; jurisdiction of probate court 1909 Chatham County; compensation of board of public education 1920 Chatham County; homestead exemptions 1917 Constitutional amendments; procedure 1911 Decatur, City of; homestead exemptions 1914 Gilmer County Industrial Development Authority 1923 Gwinnett County; homestead exemptions 1921 Muscogee County; valuation of homestead property 1926 Palmetto, City of; homestead exemptions 1928 Procedure to fill vacancies in certain constitutional offices 1913 Savannah, City of; compensation of board of public education 1920 Savannah, City of; homestead exemptions 1917 Spalding County; jurisdiction of justices of the peace 1933 Spalding County; sales and use tax 1934 CODE SECTIONS See also Act No. 2 on page 3 for repeal of designated Code sections related to population brackets. 3-305; amended 852 3-1004.3; enacted 655 5-1601.1; enacted 935 Title 5A; amended 1269 5A-507; amended 460 , 540 5A-508; amended 1265 5A-508.1; enacted 625 5A-9901.1; amended 862 13-207.3; amended 1008 20-302; amended 876 Chapter 22-31; amended 1425 22-9901; amended 874 Title 24; amended 1396 Chapter 24-8; amended 496 24-1714(a); amended 530 Chapter 24-27; amended 733 , 921 24-2714.1; amended 546 24-2727A; amended 541 24-2727B; amended 532 24-2801; amended 1334 24-2905.1; amended 682 24-2919; amended 711 24A-401; amended 862 Chapter 24A-5; amended 1390 26-1704; amended 1550 Chapter 26-18; amended 1576 26-1812; amended 1552

Page 5185

26-1902; amended 1266 26-2105; repealed 915 Chapter 26-22; amended 868 26-2801; amended 683 26-2904; amended 946 , 1325 Chapter 26-35; enacted 1578 27-207; amended 880 , 1393 27-705; amended 828 27-2502; amended 1024 30-209; amended 615 Title 32; amended 735 Chapter 32-9; amended 756 32-903.1; amended 1549 32-903.2; amended 602 32-904; amended 529 , 755 32-906; amended 643 32-3760; amended 1377 Title 34; amended 1718 , 1798 34-1406.1; amended 534 34-1501(b); amended 535 Title 34A; amended 1238 , 1430 , 1728 34A-111; amended 536 34A-501; amended 545 , 551 34A-503; amended 1716 34A-519; amended 1801 34A-909; amended 486 Title 34C; enacted 1587 38-413; repealed 875 Title 39; amended 1396 39-1105; amended 1808 Title 41A; amended 1244 , 1366 , 1566 41A-1610; amended 848 Chapter 41A-30; amended 753 Chapter 41A-34; amended 965 Title 45; amended 144 , 798 , 823 45-403; amended 730 Chapter 45-7; amended 1380 45-812; amended 1003 45-902; amended 688 Title 46; amended 383 46-309; enacted 804 47-109; amended 699 Title 51; amended 626 52-2447; amended 896 53-201(a); amended 531 53-506; amended 704 Title 56; amended 640 , 936 , 991 , 1336 Chapter 56-13; amended 380 Chapter 56-20; amended 809 56-2447; enacted 817 56-2701; amended 1814

Page 5186

56-3005; amended 1009 Title 57; amended 729 57-101.2; amended 784 58-612.1; amended 862 59-112.1; enacted 652 59-120; amended 685 59-601B; amended 544 Title 60; amended 1396 Title 66; amended 639 , 1803 Title 67; amended 1396 67-2002; amended 846 67-2004; amended 916 68-214; amended 714 Chapter 68A-10; amended 677 68A-1005.1; enacted 1004 68A-1022; amended 624 Title 68C; amended 1396 Title 68E; amended 1740 69-318; amended 831 72-201; amended 867 Chapter 72-4; amended 1739 74-111; amended 1034 76-102; amended 622 Title 79A; amended 577 , 782 Chapter 79A-8; amended 180 Chapter 84-1; amended 1898 84-321.1; enacted 822 84-512; amended 690 Chapter 84-7; amended 726 84-702; amended 610 Chapter 84-14; amended 1311 Chapter 84-21; amended 763 Chapter 84-21A; amended 777 84-4004; amended 781 87-201; amended 1581 87-201.1; enacted 1439 Title 88; amended 149 , 996 Chapter 88-4; amended 785 Chapter 88-5; amended 787 88-502.12; amended 985 88-1708; amended 1456 88-1905; amended 920 88-2010; amended 611 88-2411; amended 854 Chapter 88-31; amended 1315 Chapter 88-34; amended 1027 91-804A; amended 539 Title 91A; amended 1554 , 1857 , 1903 91A-326.1; enacted 791 91A-1013; amended 594 91A-1022; amended 388 , 533

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Chapter 91A-11; amended 117 91A-1101; amended 1267 91A-1111; amended 528 91A-1328; amended 1906 91A-1337; amended 713 91A-1405; amended 1906 91A-1450; amended 538 91A-1503; amended 599 91A-3213; amended 775 91A-5009(f); repealed 1019 Title 93; amended 121 Chapter 93-3; amended 409 Title 95A; amended 953 , 955 95A-601; amended 878 95A-901; amended 1826 95A-955; amended 705 95A-958; amended 133 95A-960; amended 998 103-101; amended 870 Title 109A; amended 1396 109A-1-201; amended 634 113-1301; amended 547 Title 114; amended 842 , 1585 Chapter 114-6a; amended 1759 114-701.1; amended 114 114-712; amended 805 Chapter 114-9; amended 836 COURTS SUPREME COURT Justices Retirement System amended 1235 Rules adopted pursuant to Code section 27-2538 approved 1532 COURT OF APPEALS Judges' Retirement System amended 1235 SUPERIOR COURTS See also General Index under name of county . Alcony Circuit; compensation of judges and district attorney 1010 Appointment of secretaries by district attorneys 672 Assistant District Attorneys compensation 711 Augusta Circuit; judges' compensation 554 , 595 Blue Ridge Circuit; terms 552 Brunswick Circuit; judges' and district attorney's compensation 430 Chattahoochee Circuit; compensation of assistant district attorney 436 Cherokee Circuit; terms 593 Clerks' duties in certain counties (300,000-600,000) (300,000-500,000) 546 Clerks' fees, etc. 1396

Page 5188

Clerks' qualifications, training, etc. 921 Clerks' Retirement Act amended 693 , 857 Clerks' salaries 1254 Clerks, vacancies, chief deputies 733 Cobb Circuit; compensation of district attorney and staff 1029 Cobb Circuit; judges' compensation 597 Conasauga Circuit; additional judge 500 Court costs in certain counties (600,000 or more) (550,000 or more) 532 , 541 Court reporters in certain counties (250,000-500,000) (350,000-500,000) 601 District Attorney Emeritus Act amended 696 District attorney's retirement fund amended 1392 Douglas Circuit; additional judge 706 Eastern Circuit; judges' salaries 548 Judges' Retirement System amended 407 , 1232 Law clerks in certain judicial circuits 687 Macon Circuit; additional judge 1445 Mountain Circuit; additional judge 494 Northeastern Circuit; salary, etc. of district attorney 521 Ocmulgee Circuit; judges' compensation 168 Ocmulgee Circuit; terms 553 Pataula Circuit; additional judge 508 Senior judges' expenses 1386 Southwestern Circuit; additional judge 487 Toombs Circuit; additional judge 504 Travel allowance for court reporters 619 Travel expenses of district attorneys and assistant district attorneys 682 Waycross Circuit; additional judge 490 Western Circuit; judges' compensation 178 CIVIL COURTS See also General Index under name of county. Bibb County; pleadings, costs, etc. 4386 Richmond County; jurisdiction, rules of procedure 3575 JUVENILE COURTS See also General Index under name of county. Cobb; judges' compensation 4166 Judges' qualifications, etc. 1390 PROBATE COURTS See also General Index under name of county. Judges; minimum salaries, etc. 518 Issuance of marriage licenses in certain counties (600,000 or more) (550,000 or more) 530 Offices in certain counties (600,000 or more) (550,000 or more) 530

Page 5189

STATE COURTS See also General Index under name of county. Advancement of court costs in certain counties (190,000-210,000) 3444 Baldwin County; judge and solicitor, salaries 3247 Bulloch County; terms 3077 Carroll County; judges' compensation 3816 Carroll County; salary of solicitor, etc. 3474 Cherokee and Forsyth Counties; salaries, etc. 3853 Clayton County; compensation of judge 3894 Cobb County; clerk's compensation 4204 Cobb County; compensation of judges 4196 Cobb County; compensation of solicitor and assistants 4759 Cobb County; criminal jurisdiction of justices of the peace 4360 Cobb County; deputy clerks, fees 4212 Cobb County; magistrates 4198 DeKalb County; assistant solicitors 4108 DeKalb County; court costs 4810 DeKalb County; judges' secretaries 3918 Dougherty County; court costs 4101 Fulton County; chief clerk 3267 Fulton County; compensation of chief judge 3537 Fulton County; court costs 3264 Fulton County; jurisdiction of magistrates, etc. 3546 Fulton County; secretaries and bailiffs for magistrates 3262 Glynn County; terms, compensation of certain personnel 3359 Grady County; election of judge, etc. 3859 Grady County; juries 3857 Gwinnett County; jury trials, salaries, etc. 3033 Habersham County; compensation of judge and solicitor 3087 Habersham County, solicitor's secretary 3084 Houston County; terms of Court 3551 Richmond County; Act amended 3544 Spalding County; compensation of judge and solicitor 4131 Solicitors compensation in certain counties (300,000-600,000) (300,000-500,000) 3308 Stephens County; compensation of judge and solicitor 3635 Stephens County; terms 3632 Ware County; salaries of judge and solicitor 3016 COUNTIES AND COUNTY MATTERS NAMED COUNTIES See also General Index under name of county. Bacon; small claims court 4743 Baldwin; compensation of clerk of superior court 3099 Baldwin; compensation of judge of probate court 3095 Baldwin; compensation of sheriff 3249 Baldwin; compensation of tax commission 3097 Baldwin; hazardous wastes, referendum 4072 Barrow; expense accounts of board of commissioners 3710

Page 5190

Bartow; compensation of coroner 3952 Bartow; compensation of county commissioner 3943 Bartow; compensation of named county officials 3937 Bartow; compensation of tax commissioner 3941 Ben Hill; development authority Act amended 3957 Berrien; small claims court created 4046 Bibb; civil services system 4750 Bibb; Macon-Bibb County Urban Development Authority bonds 4872 Bibb; Macon-Bibb County Water and Sewerage Authority Act amended 3464 Bleckley; compensation of clerk of superior court 4253 Bleckley; compensation of county commissioner 4257 Bleckley; compensation of judge of probate court 4255 Bleckley; compensation of sheriff 4260 Bleckley; compensation of tax commissioner 4262 Bleckley; small claims court 4027 Brantley; compensation of board of education 4870 Brooks; small claims court created 4454 Bryan; small claims court 4206 Bulloch; allocation of local sales and use tax, proposed amendment to the Constitution 1931 Bulloch; clerical assistants of board of commissioners 3164 Bulloch; clerical assistant of judge of probate court 3166 Bulloch; employees of clerk of superior court 3159 Bulloch; sheriff's employees 3162 Bulloch; tax commissioner's assistants 3169 Bulloch; tax rates, etc., proposed amendment to the Constitution 1916 Butts; compensation of clerk of superior court 3058 Butts; salary of judge of probate court 3063 Butts; small claims court 4184 Butts; sheriff's compensation 3055 Butts; tax commissioner's salary 3060 Camden; industrial development authority 3428 Camden; powers, etc. of probate court, solicitor, etc. 3345 Camden; probate court jurisdiction, proposed amendment to the Constitution 1909 Camden; purchasing agent, etc. 3343 Camden; salaries of named county officers 3041 Camden; small claims court created 4831 Camden; tax commissioner's salary 3043 Candler; small claims court 4113 Carroll; compensation of clerk of superior court 3470 Carroll; compensation of coroner 4232 Carroll; compensation of county commissioner 3472 Carroll; McIntosh Reserve Authority 4697 Catoosa; compensation of tax commissioner 3697 Catoosa; county commissioner 4922 Catoosa; fiscal administration of sheriff's office, etc. 4918 Chatham; chief tax assessor 3442 Chatham; compensation of board of public education, proposed amendment to the Constitution 1920 Chatham; homestead exemptions, proposed amendment to the Constitution 1917 Chattahoochee; compensation of clerk of board of commissioners 3630

Page 5191

Chattooga; compensation of tax commissioner 4061 Clarke; Athens-Clarke County Charter Commission 3065 Clarke; compensation of board of commissioners 4594 Clarke; compensation of named county officials 3969 Clarks; compensation of tax commissioner 3977 Clarke; industrial development authority, powers 3972 Clarke; salary of judge of magistrate's court 3197 Clayton; compensation of board of county commissioners 3904 Clayton; compensation of judge of probate court 3897 Clayton; compensation of sheriff and clerk of superior court 3902 Clayton; compensation of tax commissioner 3899 Clinch; sheriff's compensation, deputy sheriffs 3013 Cobb; Cobb-Marietta Coliseum and Exhibit Hall Authority Act amended 4350 Cobb; compensation of board of education 4176 Cobb; compensation of clerk of superior court and deputy clerk 4807 Cobb; compensation of county commissioners 3369 Cobb; compensation of judge of probate court 4186 Cobb; compensation of sheriff 4178 Cobb; compensation of tax commissioner and chief clerk 4756 Cobb; probate court clerk's compensation, etc. 4219 Coffee; court costs for county law library 3925 Coffee; school suuperintendent, referendum 3626 Colquitt; small claims court created 4846 Columbia; land conveyance 1508 Columbia; land conveyance 1525 Columbia; provisions for jail and courthouse 3581 Cook; compensation of county commissioners 4251 Cook; small claims court created 4794 Coweta; small claims court created 4722 Crawford; compensation of board of commissioners 4124 Crisp; compensation of named officials 4117 Dade; budgeting, etc. for sheriff's office 3371 Dade; compensation of deputy clerk of superior court 4077 Dade; compensation of probate court deputies and clerks 4079 Dawson; commissioner's compensation 3047 Dawson; compensation, clerk of superior court, judge of probate court 3053 Dawson; sheriff's compensation 3050 Dawson; tax commissioner's compensation 3045 Decatur; Decatur County-Bainbridge industrial development authority powers 3482 DeKalb; board of education 4364 DeKalb; compensation study commission 4911 DeKalb; form of government, referendum 4304 Dooly; board of county commissioners 3703 Dooly; board of education, referendum 4463 Dooly; compensation of tax commission 3700 Dougherty; Albany-Dougherty Inner City Authority Act amended 4688 Dougherty; Albany-Dougherty Payroll Development Authority amended 3133 Dougherty; compensation of named officials 4098 Douglas; coroner's compensation 3104 Effingham; compensation of tax commissioner, etc. 4223 Elbert; compensation of board of commissioners 4120

Page 5192

Evans; small claims court Act amended 3298 Fannin; compensation of judge of probate court, etc. 4829 Fannin; coroner placed on salary basis 4106 Fayette; compensation of coroner 4284 Fayette; small claims court 3092 Floyd; board of county commissioners 3023 Floyd; compensation of member of school board 4193 Floyd; merit system amended 3638 Floyd; salaries, clerk of superior court, judge of probate court 3030 Floyd; tax commissioner's compensation 3027 Forsyth; compensation of county commissioners 3155 Fulton; civil service board 3221 Fulton; withdrawal from pension system, etc. by elected officials 4302 Gilmer; compensation of clerk of superior court and deputy clerk 4344 Gilmer; compensation of commissioner, advisory board, etc. 4370 Gilmer; deputy sheriffs 4342 Gilmer; industrial development authority, proposed amendment to the Constitution 1923 Gilmer; small claims court created 3202 Glascock; compensation of clerk of superior court 3993 Glascock; compensation of judge of superior court 3995 Glynn; Brunswick and Glynn County Development Authority 4335 Glynn; charter commission Act amended 3850 Glynn; clerk of superior court and judge of probate court, salaries, etc. 4339 Glynn; compensation of deputy magistrate 4122 Glynn; compensation of sheriff, deputies, etc. 3351 Glynn; compensation of tax commissioner, etc. 3354 Glynn; school superintendent 4331 Glynn; vacancies on board of county commissioners 3356 Gordon; office of county commissioner, referendum 3269 Gordon; school superintendent, referendum 3586 Greene; compensation of named county officials 3877 Greene; compensation of tax commissioner, etc. 3881 Greene; motor vehicle for use by sheriff 4230 Gwinnett; airport authority Act amended 3821 Gwinnett; compensation, clerk of superior court, judge of probate court 3142 Gwinnett; compensation of county commissioners 3135 Gwinnett; compensation of tax commissioner 3138 Gwinnett; homestead exemptions, proposed amendment to the Constitution 1921 Gwinnett; industrial building authority Act amended 3831 Gwinnett; ownership, etc. of pinball machines 3115 Gwinnett; public facilities authority Act amended 3825 Gwinnett; recorder's court 3038 Gwinnett; recreation authority Act amended 3828 Gwinnett; sheriff's compensation 3140 Gwinnett; water and sewerage authority Act amended 3818 Habersham; coroner's compensation 3082 Habersham; water and sewerage authority 3327 Hancock; small claims court Act amended 3325 Haralson; compensation of county commissioner 3933 Haralson; compensation of judge of probate court 3935

Page 5193

Haralson; treasurer's compensation 3930 Haralson; water authority members, etc. 4247 Hart; board of finance 3966 Hart; compensation of clerk of superior court 3964 Hart; compensation of coroner 3962 Hart; small claims court 4168 Heard; clerk of superior court, compensation 3179 Heard; compensation, judge of probate court 3174 Heard; county commissioner, compensation 3184 Heard; sheriff, compensation 3181 Heard; tax commissioner's compensation 3177 Henry; compensation of named county officials 4006 Henry; compensation of treasurer 4004 Henry; small claims court Act amended 4001 Henry; water and sewerage authority Act amended 4011 Houston; compensation of county commissioners 3112 Irwin; compensation of chairman of board of commissioners 3865 Jackson; compensation of named county officials 4021 Jefferson; personnel in office of clerk of superior court 3694 Jefferson; personnel in sheriff's office 3691 Jefferson; personnel in tax commissioner's office 3689 Johnson; compensation of board of commissioners 3984 Johnson; small claims court created 4031 Jones; compensation of county commissioners 3225 Jones; small claims court 4067 Lamar; compensation of judge of probate court 3955 Lamar; small claims court 4264 Lanier; small claims court created 3452 Laurens; compensation of tax commissioner 3982 Laurens; small claims court 3733 Lee; small claims court created 3491 Liberty; industrial development authority, project defined 3381 Liberty; small claims court Act amended 3383 Long; clerk of superior court 4277 Long; probate court judge 4269 Long; sheriff 4272 Long; small claims court Act amended 3945 Long; tax commissioner 4274 Macon; construction of covenant agreements 1491 Macon; small claims court created 3120 Marion; compensation of deputy sheriff 4234 McDuffie; compensation of tax commissioner 4094 McIntosh; small claims court 4346 Meriwether; clerk of superior court, coroner, etc. 3189 Meriwether; compensation of deputy sheriffs 4287 Meriwether; county commissioners' compensation 3172 Meriwether; small claims court 3006 Miller; board of education, referendum 4713 Miller; small claims court 3231 Mitchell; coroner's compensation 3731 Mitchell; fees received by judge of probate court 3728

Page 5194

Monroe; small claims court 4189 Montgomery; small claims court created 3645 Morgan, compensation of board of commissioners 3883 Morgan; compensation of clerk of superior court 3875 Murray; compensation of named officials 3018 Murray; deal of correction to land 1512 Murray; salary of county commissioner 3021 Murray; water and sewerage authority 3779 Muscogee; school district, members, etc. 4885 Muscogee; valuation of homestead property, proposed amendment to the Constitution 1926 Newton; compensation of board of commissioners 4719 Newton; compensation of named officials 3304 Newton; industrial development authority Act amended 3302 Oglethorpe; small claims court 3418 Paulding; appointment, removal, etc, of named officials 4279 Paulding; civil service system 4282 Paulding; compensation of clerk of superior court and judge of probate court 4221 Peach; charter commission 4126 Pulaski; deputy sheriffs, etc. 4181 Putnam; small claims court 3287 Quitman; small claims court created 3212 Richmond; ad valorem taxation 3673 Richmond; Augusta, Richmond County criminal advisory commission 4901 Richmond; duties of superintendent of schools 3656 Richmond; members of board of education, referendum 3677 Richmond; school taxes 3675 Rockdale; county commission vacancies 3152 Screven; salary of clerk of superior court, assistants 3080 Seminole; judge of probate court placed on salary basis 3254 Seminole; tax commissioner's compensation 3251 Spalding; compensation of board of commissioners 4140 Spalding; compensation of coroner 4129 Spalding; compensation of named officials 4137 Spalding; compensation of tax commissioner 4135 Spalding: Griffin-Spalding County Development Authority Act amended 4875 Spalding; jurisdiction of justices of the peace, proposed amendment to the Constitution 1933 Spalding; sales and use tax, proposed amendment to the Constitution 1934 Stephens; small claims court 3186 Stewart; compensation of deputy sheriff 3591 Sumter; compensation of sheriff 3477 Sumter; compensation of tax commissioner 3480 Sumter; small claims court 3798 Talbot; compensation of county commissioners 3011 Talbot; small claims court created 4860 Tattnall; compensation of board of county commissioners 4075 Tatnall; compensation of tax commissioner, etc. 3948 Tatnall; small claims court 4587 Taylor; compensation of tax commissioner, etc. 4163 Terrell; small claims court Act amended 3862

Page 5195

Tift; compensation of chairman of board of commissioners 4088 Tift; compensation of clerk of superior court 4086 Tift; compensation judge of probate court 4082 Tift; compensation of sheriff 4090 Tift; compensation of tax commissioner 4084 Tift; small claims court created 4597 Tift; vacancies on board of commissioners 4014 Troup; compensation of county commissioners 4059 Turner; named Acts repealed 3743 Turner; small claims court created 4393 Union; compensation of judge or probate court 3868 Union; expenses of sheriff's office 4104 Upson; small claims court 3802 Upsom; tax commissioner's compensation 3814 Walker; coroner's compensation 3719 Walker; personnel in office of clerk of superior court 3724 Walker; personnel in tax commissioner's office 3721 Walton; health insurance plan 4226 Walton; small claims court creted 3834 Washington; compensation of clerk of superior court 3991 Washington; compensation of judge of probate court 3999 Washington; compensation of sheriff, etc. 3987 Washington; compensation of tax commissioner 3997 Wayne; compensation of clerk of superior court, etc. 3348 Wheeler; clerk of superior court placed on salary basis 3915 Wheeler; compensation of county commissioners 3661 Wheeler; compensation of sheriff 3666 Wheeler; judge of probate court placed on salary basis 3663 Wheeler; office of treasurer abolished 4191 Wheeler; small claims court created 3558 Whitfield; compensation of board of commissioners 4092 Whitfield; small claims court 3577 Wilkes; compensation of coroner 4111 Wilkes; tax commissioner placed on salary basis 3374 Wilkinson; expense allowance for county commissioners 3379 Worth; named Acts repealed 3739 Worth; small claims court created 3886 COUNTIES AND COUNTY MATTERS BY POPULATION Designated population Acts repealed 3 4,600-5,300; small claims court Act repealed 3450 6,825-6,925; small claims courts abolished 3223 6,900-6,950; disposition of fines in probate courts 4301 7,040-7,055; small claims court Act repealed 3489 8,750-8,950; small claims court Act repealed 3574 10,450-10,650; homestead exemptions on leased property 1267 11,000-11,300; small claims court Act repealed 3245 11,340-11,390; boards of elections 3090 11,775-12,100; small claims court Act repealed 4016 13,160-13,200; small claims courts Act repealed 3103

Page 5196

13,635-14,765; small claims court Act repealed 3795 15,300-15,800; compensation of named officers 3227 16,500-16,700; small claims court Act repealed 3580 18,150-18,250; election boards 3144 22,830-23,500; small claims court Act repealed 3846 23,300-23,699; small claims court Act repealed 4018 23,500-24,100; small claims court Act repealed 3643 26,000-26,500; development authorities 542 27,500-28,500; tax commissioner and tax collectors 713 38,300-29,600; coroners' compensation 3696 32,300-32,700; Act creating small claims courts repealed 3158 33,300-34,056; Act creating small claims courts repealed 4243 34,000-34,500; compensation of board of education 529 34,000-34,500; homestead exemptions 528 35,000 or more; sale of alcoholic beverages on election days 460 45,550-50,550; boards of elections created 3668 145,000-165,000; compensation of certain officials 3243 145,000-165,000; compensation of elected officials 4064 171,000-181,000; compensation of elected officials 4064 180,000-190,000; compensation of county officials 4201 180,000-205,000; compensation of county officials 4201 200,000-500,000; annexation by municipalities 4237 250,000-400,000; bond elections 1439 250,000-500,000; board of education audits 4241 250,000-500,000; selection of traverse juries 4242 250,000-500,000; sheriffs 4238 300,000-500,000; duties of clerks of superior courts 546 300,000-600,000; duties of clerks of superior courts 546 350,000-500,000; ad valorem taxation in certain cities (17,000-20,000) 599 350,000-500,000; annexation by municipalities 4237 350,000-500,000; board of education audits 4241 350,000-500,000; boards of registration and elections 3309 350,000-500,000; payment of taxes 388 350,000-500,000; school board members 602 350,000-500,000; selection of traverse juries 4242 350,000-500,000; sheriffs 4238 350,000-500,000; sold signs on real estate 4239 350,000-600,000; boards of registration and elections 3309 350,000-600,000; payment of taxes 388 400,000-500,000; county administrators 547 400,000-500,000; investigative grand juries 544 400,000-500,000; sale of alcoholic beverages 3307 400,000-500,000; school board members 602 400,000-500,000; sold signs on real estate 4239 400,000-500,000; use of county voter registration lists by municipalities 545 400,000-500,000; zoning of annexed land by municipalities 3310 400,000-525,000; compensation of boards of education 755 400,000-525,000; elections 1581 400,000-600,000; ad valorem taxation in certain cities (17,000-20,000) 599 400,000-600,000; compensation of boards of education 755 400,000-600,000; county administrators 547

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400,000-600,000; investigative grand juries 544 400,000-600,000; sale of alcoholic beverages 3307 400,000-600,000; use of county voter registration lists by municipalities 545 400,000-600,000; voter registration list; use by certain municipalities (less than 20,000) 551 400,000-600,000; zoning of annexed land by municipalities 3310 500,000 or more; sheriffs' compensation 3171 550,000 or more; absentee voting 534 550,000 or more; accusations in criminal courts 3278 550,000 or more; budget commissions 3284 550,000 or more; citations by zoning and building inspectors 3282 550,000 or more; civil service boards 3280 550,000 or more; compensation of boards of education 4362 550,000 or more; costs of cleaning, etc. public ways 3259 550,000 or more; enforcement of regulatory codes 3261 550,000 or more; joint city-county tax boards 3283 550,000 or more; law libraries 959 550,000 or more; marriage licenses 531 550,000 or more; municipal elections 536 550,000 or more; oaths administered by probate court judges 3286 550,000 or more; payment of taxes 538 550,000 or more; pension rights 3258 550,000 or more; pension system for policeman and firemen amended 3257 550,000 or more; probate court offices 530 550,000 or more; recording of plats 3279 550,000 or more; sale hours for alcoholic beverages 3281 550,000 or more; sale hours of alcoholic beverages on Sundays 3285 550,000 or more; sale of alcoholic beverages on Sundays 540 550,000 or more; sale of county property 539 550,000 or more; sheriffs' compensation 3171 550,000 or more; superintendent of elections 535 550,000 or more; superior court costs 532 , 541 550,000 or more; tax due dates 533 550,000 or more; transport of waste across boundaries 537 550,000 or more; volunteer legal services 4451 550,000 or more; Welfare Reorganization Act of 1937 amended 960 More than 550,000; pension rights of employees of cities and counties 4299 600,000 or more; absentee voting 534 600,000 or more; accusations in criminal courts 3278 600,000 or more; budget commissions 3284 600,000 or more; citations by zoning and building inspectors 3282 600,000 or more; civil service boards 3280 600,000 or more; compensation of boards of education 4362 600,000 or more; joint city-county tax boards 3283 600,000 or more; marriage licenses 531 600,000 or more; municipal elections 536 600,000 or more; oaths administered by probate court judges 3286 600,000 or more; payment of taxes 538 600,000 or more; pension rights 3258 600,000 or more; pension system for policemen and firemen amended 3257 600,000 or more; probate court offices 530

Page 5198

600,000 or more; recording of plats 3279 600,000 or more; sale hours for alcoholic beverages 3281 600,000 or more; sale hours of alcoholic beverages on Sundays 3285 600,000 or more; sale of alcoholic beverages on Sunday 540 600,000 or more; sale of county property 539 600,000 or more; superintendent of elections 535 600,000 or more; superior court costs 532 , 541 600,000 or more; tax due dates 533 600,000 or more; transport of waste across boundaries 537 600,000 or more; volunteer legal services 4451 COUNTY MATTERSHOME RULE ACTIONS Appling; county administrator 4930 Appling; financial management 4967 Appling; personnel management 4933 Clayton; pensions 4981 DeKalb; pension board 4987 Floyd; merit system Act amended 5003 Rockdale; board of commissioners 5006 , 5039 MUNICIPAL CORPORATIONS NAMED CITIES Adairsville; corporate limits 3907 Albany; ad valorem taxation 3920 Albany; Albany-Dougherty Inner City Authority Act amended 4688 Albany; Albany-Dougherty Payroll Development Authority amended 3133 Albany; Chehaw Park Authority, meetings 3131 Albany; corporate limits 4734 Alpharetta; new charter 4609 Ashburn; new charter 4404 Athens; Athens-Clarke County Charter Commission 3065 Athens; industrial development authority, powers 3972 Atlanta; land conveyance 1477 , 1496 Atlanta; senior judge of municipal court 3363 Augusta; Augusta-Richmond County Criminal Advisory Commission 4901 Augusta; civil service commission 4591 Augusta; elections 3713 Augusta; intent of General Assembly as to Constitutional amendment 1538 Augusta; pension systems amended 4373 Bainbridge; Decatur County-Bainbridge industrial development authority powers 3482 Bainbridge; Downtown Bainbridge Development Authority 3538 Bainbridge; elections, etc. 3486 Blakely; charter amended 3716 Bremen; charter amended 3927 Broxton; new charter 3597 Brunswick; Brunswick and Glynn County Development Authority 4335 Brunswick; charter commission Act amended 3850 Brunswick; land conveyance 1529

Page 5199

Camilla; elections 3726 Carrollton; redevelopment authority 4535 Carrollton; tax rate for schools 4172 Centerville; punishment in municipal court 4019 Chatsworth; water and sewerage authority 3779 Clarkesville; new charter 4502 College Park; elections 3950 Columbus; charter amended 3192 Columbus; personnel review board 3870 Cordele; liens 4228 Cumming; police court punishment 3003 Dacula; procedure to override mayor's veto 3467 Dalton; downtown development authority 4670 Decatur; homestead exemptions, proposed amendment to the Constitution 1914 Douglas; ad valorem taxation 3594 Dublin; charter amended 3979 East Dublin; new charter 4645 Fitzgerald; development authority Act amended 3957 Forest Park; corporate limits 3117 Garden City; administrator 3776 Griffin; chairman of board of commissioners 3658 Griffin; Griffin-Spalding County Development Authority Act amended 4875 Hartwell; elections, etc. 3960 Homerville; exchange of land 1515 Ideal; terms of major and councilmen 4210 LaGrange; corporate limits 3106 Leesburg; charter amended 3583 Lincolnton; charter amended 4024 Locust Grove; elections 4174 Louisville; police court fines 3796 Macon; Macon-Bibb County Urban Development Authority bonds 4872 Macon; Macon-Bibb County Water and Sewerage Authority Act amended 3464 Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority Act amended 4350 Marietta; downtown development authority Act amended 3736 McDonough; new charter 3387 Milledgeville; public facilities authority 3311 Monroe; contracts 3848 Montrose; charter amended 4157 Palmetto; homestead exemptions, proposed amendment to the Constitution 1928 Patterson; new charter 4545 Peachtree City; industrial building authority powers 4267 Pelham; conveyance of flagpole 1528 Pine Mountain; town clerk 3199 Port Wentworth; corporate limits 3911 Resaca; new charter 3746 Reynolds; elections 4161 Russell; new charter 3501 Rutledge; police court fines 3873 St. Marys; new charter 4763 Savannah; compensation of board of public education, proposed amendment to the Constitution 1920

Page 5200

Savannah; corporate limits 3366 Savannah; court costs in municipal court 3446 Savannah; Downtown Savannah Authority 4041 Savannah; homestead exemptions, proposed amendment to the Constitution 1917 Savannah; transit authority members 3101 Smyrna; corporate limits 4843 Statesboro; Downtown Statesboro Development Authority 4821 Stone Mountain; jurisdiction of police court 4069 Sugar Hill; council members, terms, etc. 3708 Swainsboro; public facilities authority 4143 Tazewell; charter repealed 4245 Thompson; recorder's court fines 3922 Tunnel Hill; terms of commissioners, etc. 3549 Tybee Island; corporate limits, referendum 4914 Union Point; compensation of mayor and council 3535 Wadley; recorder 3110 Walnut Grove; new charter 4470 Warm Springs; land conveyance 1543 Washington; ad valorem taxation 3377 Waycross; downtown Waycross development authority 4576 Winder; land conveyance 1489 Woodstock; charter amended 4815 Wrens; police court fines 3913 MUNICIPALITIESBY POPULATION 17,000-20,000; advalorum taxation in certain counties (350,000-500,000) (400,000-600,000) 599 Less than 20,000; use of voter registration lists in certain counties (400,000-600,000) 551 300,000 or more; lease of recreational property 3196 300,000 or more; pensions for members of police departments 4381 More than 300,000; pension system for employees amended 3569 , 4376 More than 300,000; pension systems for members of paid fire departments 3553 400,000 or more; business improvement district Act 4531 400,000 or more; land acquisition policy 1417 400,000 or more; campus police 806 More than 400,000; joint city-county boards of tax assessors 594 MUNICIPAL CORPORATIONSBY POPULATION OF COUNTIES 400,000-525,000; registration of electors 1238 MUNICIPALITIESHOME RULE AMENDMENTS Albany, City of; city manager 5048 Albany, City of; contracts with stadium authority 5046 Arlington, City of; recorder 5051 Atlanta, City of; billiard rooms 5062 Atlanta, City of; departments 5068 Atlanta, City of; fire chief and chief of police 5054

Page 5201

Boston, City of; chief of police 5074 Covington, City of; corporate limits 5077 Covington, City of; utility rates 5080 East Point, City of; retirement system 5083 Fitzgerald, City of; health hazards 5090 Jesup, City of; charter amended 5095 Macon, City of; council actions 5101 Macon, City of; fire and police departments, employees' retirement 5109 , 5114 , 5117 Macon, City of; retirement system 5105 , 5120 Marietta, City of; board of lights and water 5124 Marietta, City of; councilmen 5129 Marietta, City of; mayor and council 5133 Newnan, City of; retirement system 5136 Riverdale, City of; recorder's court 5142 St. Marys, City of; city manager 5145 Savannah, City of; pension plan 5148 , 5152 Toomsboro, Town of; tax on insurance companies 5155 Warner Robins, City of; bids 5158 RESOLUTIONS AUTHORIZING COMPENSATION Anderson, Alonza 4910 Anderson, Charles E. 4892 Arnold, A.V. 4891 Davis, III, Roy 4904 Derden, Mrs. Watson V. 4903 Douglas, Jr., J.D. 4893 Ezell, James W. 4908 Fitzgerald, Guy A. 4896 Hayden, Jack 4894 Klein, Dr. John J. 4895 Johnson, Rodney B. 4909 McLain, Donald B. 4906 Mullins, Michael R. 4907 Truelove, James W. 4905 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Amendment of right-of-way easement to Colonial Pipeline Company 1521 City of Atlanta 1477 , 1496 Brunswick, City of 1529 Camden County 1474 Columbia County 1508 , 1525 Deed of correction to land in Murray County 1512 Department of Transportation 1545 Exchange of land with City of Homerville 1515 Farrow, Danny R. 4897 Harbert Corporation and Elk River Resources, Inc., Easement 2B Metropolitan Atlanta Rapid Transit Authority 1504 Pfund, Joseph 1510

Page 5202

United States 1461 , 1492 United Technologies Corporation 421 Warm Springs 1543 Winder, City of 1489 MISCELLANEOUS RESOLUTIONS Board of Regents urged to seek agreement with adjacent states regarding tuition rates 1536 City of Augusta-County of Richmond Criminal Advisory Commission 4901 Clarification of Article V of U.S. Constitution urged 137 Conveyance of C.S.S. Georgia 1485 Conveyance of flagpole to City of Pelham 1528 Covenant agreements with Macon County Recreation Commission 1491 DeKalb County Compensation Study Commission 4911 Drug and Narcotic Abuse Joint Study Committee 1481 J. Ebb Duncan Parkway designated 4890 Executive Branch urged to continue jail-prison overcrowding study effort 1495 General Assembly's commitment to program of Mercer University School of Medicine 1470 General Assembly's Commitment to program of Morehouse School of Medicine 1483 Georgia Bird Day and Wildflower Week designated 1849 Georgia Commission on Women's Opportunities 1850 Georgia Convocation on Federalism 136 Georgia Energy Regulatory Reform Commission 1499 Georgia Semiquinentenary Commission created 1472 Grady Memorial Hospital Study Committee 1540 Robert Hillsman Bridge designated 4899 Intent of General Assembly as to Constitutional amendment affecting the City of Augusta 1538 Joint Committee of Farm Winery laws 1533 Joint Correctional Institution Study Committee 1568 Joint Day Care Study Committee 1547 Joint Local Mental Health and Mental Retardation Governance Study Committee 1502 Legislative Overview Committee on Constitutional revision 1539 Brooks Pennington Bridge designated 4900 Public policy toward housing, etc. for handicapped citizens 1469 Rules adopted by Supreme Court approved 1532 Services for the aged Study Committee 1458 Special Study Commission on Mental Health 1487 Southeastern Railway Museum 1498 State and the Arts Joint Study Committee 1480 State-wide Fire Protection Study Committee 1517 U.S. Congress urged to require fiscal notes 134 Veterans of Foreign Wars commended 1534 Jerry Wadley Williams Bridge designated 4913

Page 5203

INDEX A ABANDONED MOTOR VEHICLES Removal, etc. 469 ACCIDENT AND SICKNESS INSURANCE POLICIES Insurance Code amended 640 Out-patient services 991 ACCUSATIONS Disposition in criminal courts in certain counties (600,000 or more) (550,000 or more) 3278 ACTIONS See also Practical Procedure Suits against representatives of obligors 852 AD VALOREM TAXATION Limitation on executions 791 ADAIRSVILLE, CITY OF Corporate limits 3907 ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Amended 667 Amended, teacher certification 1565 Capital Facility improvements 774 School bus drivers 766 ADVERTISEMENTS Fees for legal advertisements 1808 AGE DISCRIMINATION Prohibited in employment 636 AGRICULTURE Bird Dealers Licensing Act 510 Commodities Promotion Act amended 692 Georgia Marketing Act of 1981 1354 Georgia Meat Inspection Act amended 657 Licensed grain dealers, etc. 927 Poultry hauling 133 Rules, etc. regulating irrigation systems 1256 Sale of pulpwood and timber 935 Securing of loads on vehicles 705

Page 5204

ALBANY, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments . Ad valorem taxation 3920 Chehaw Park Authority, meetings 3131 Corporate limits 4734 ALBANY-DOUGHERTY INNER CITY AUTHORITY ACT Amended 4688 ALBANY-DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY Amended 3133 ALCOHOLIC BEVERAGES Code amended 1269 Legal age to purchase, etc. 862 Sale hours in certain counties (600,000 or more) (550,000 or more) 3281 Sale hours on Sundays in certain counties (600,000 or more) (550,000 or more) 3285 Sale in certain counties (400,000-600,000) (400,000-500,000) 3307 Sale near alcoholic treatment facilities 1265 Sale on election days in certain counties (35,000 or more) 460 Sale on Sundays in certain counties (550,000 or more) (600,000 or more) 540 ALCOHOLICS Hospitalization, etc. 996 Hospitalization and treatment procedures 785 ALCOHOLISM ADVISORY COUNCIL ACT Amended, effective date 1433 ALCOVY JUDICIAL CIRCUIT Compensation of judges and district attorney 1010 ALIMONY Factors in determining grant of permanent alimony 615 ALIMONY OR CHILD SUPPORT Garnishment 804 ALPHARETTA, CITY OF New Charter 4609

Page 5205

AMBULANCE SERVICES Recertification, etc. 1315 ANDERSON, ALONZA Compensation for damages 4910 ANDERSON, CHARLES E. Compensation for damages 4892 APPLING COUNTY See Tabular IndexHome Rule for Counties . APPROPRIATIONS General Appropriations Act 1036 Supplemental Appropriations Act 184 Supplemental Appropriations for Department of Labor 673 ARCHITECTS Enforcement of Code Chapter 84-3 822 ARCHITECTS, LANDSCAPE Exemptions 781 ARLINGTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . ARMED ROBBERY Defined, punishment, etc. 1266 ARNOLD, A.V. Compensation for damages 4891 ARRESTS Degree of force to apprehend suspected felons 1393 ARTICLE V OF U.S. CONSTITUTION Clarification urged 137 ARTS AND HUMANITIES, COUNCIL Appointment of a poet laureate 1394 ASHBURN, CITY OF New Charter 4404

Page 5206

ATHENS, CITY OF Athens-Clarke County Charter Commission 3065 ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Powers 3972 ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Land conveyance authorized 1477 , 1496 Senior judge of municipal court 3363 ATTORNEY GENERAL Procedure to fill vacancies, proposed amendment to the Constitution 1913 Summaries of general proposed amendments to the Constitution 660 ATTORNEY'S FEES Worker's Compensation cases 805 AUGUSTA, CITY OF City of AugustaCounty of Richmond Criminal Advisory Commission 4901 Civil service commission 4591 Elections 3713 Intent of General Assembly as to Constitutional amendment 1538 Pension system amended 4373 AUGUSTA JUDICIAL CIRCUIT Judges' compensation 554 , 595 AUTOMOBILE MILEAGE ALLOWANCE State employees 856 AUTOMOBILES Used Car Dealers' Registration Act amended 767 B BACON COUNTY Small claims Court 4743 BAD CHECKS Punishment for issuance 1550 BAILIFFS Compensation of court bailiffs 685

Page 5207

BAINBRIDGE, CITY OF Decatur CountyBainbridge Industrial Development Authority, powers 3482 Downtown Bainbridge Development Authority 3538 Elections, etc. 3486 BALDWIN COUNTY Compensation of clerk of superior court 3099 Compensation of judge of probate court 3095 Compensation of sheriff 3249 Compensation of tax commissioner 3097 Hazardous wastes, referendum 4072 BALDWIN COUNTY, STATE COURT OF Judge and solicitor, salaries 3247 BANKS AND BANKING See also Financial Institutions Code of Georgia. Domestic International Banking Facility Act 770 Unlawful acquisitions by bank holding companies 1008 BARROW COUNTY Expense accounts of board of commissioners 3710 BARTOW COUNTY Compensation of coroner 3952 Compensation of county commission 3943 Compensation of named county officials 3937 Compensation of tax commissioners 3941 BEN HILL COUNTY Fitzgerald and Ben Hill County Development Authority Act amended 3957 BERRIEN COUNTY Small claims court created 4046 BIBB COUNTY Civil service system 4750 Macon-Bibb County Urban Development Authority, bonds 4872 Macon-Bibb County Water and Sewerage Authority Act amended 3464 BIBB COUNTY, CIVIL COURT OF Pleadings, costs, etc. 4386 BIRD DAY Designated 1849

Page 5208

BIRD DEALERS LICENSING ACT Enacted 510 BIRTH CERTIFICATES Form 1456 BLAKELY, CITY OF Charter amended 3716 BLECKLEY COUNTY Compensation of clerk of superior court 4253 Compensation of county commissioner 4257 Compensation of judge of probate court 4255 Compensation of sheriff 4260 Compensation of tax commissioner 4262 Small claims court 4027 BLUE RIDGE JUDICIAL CIRCUIT Terms 552 BOARD OF DISPENSING OPTICIANS Act amended 1378 BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES ACT Amended 1815 BOAT SAFETY ACT Bonds for regattas, etc. 987 Georgia Boat Safety Act amended 147 BONDS Breach of good behavior bonds 622 Elections, etc. in certain counties (250,000-400,000) 1439 Interest rates, etc. 384 BOSTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. BRANTLEY COUNTY Compensation of board of education 4870 BREACH OF THE PEACE BONDS Procedure, etc. 622

Page 5209

BREMAN, CITY OF Charter amended 3927 BROOKS COUNTY Small claims court created 4454 BROXTON, CITY OF New Charter 3597 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Projects 4335 BRUNSWICK, CITY OF Land conveyance authorized 1529 BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION Act amended 3850 BRUNSWICK JUDICIAL CIRCUIT Judges' and district attorney's compensation 430 BRUNSWICK PORT AUTHORITY Bonds, etc. 604 BRYAN COUNTY Small claims court 4206 BUDGET COMMISSIONS Act creating budget commissions in certain counties amended (600,000 or more) (550,000 or more) 3284 BUILDING CODE Enforcement of Code Chapter 84-3 822 BUILDING INSPECTORS Issuance of citations in certain counties (600,000 or more) (550,000 or more) 3282

Page 5210

BULLOCK COUNTY Allocation of local sales and use tax, purposed amendment to the Constitution 1931 Clerical assistants of board of commissioners 3164 Clerical Assistant of Judge of probate court 3166 Employees of clerk of superior court 3159 Sheriff's employees 3162 Tax commissioner's assistants 3169 Tax rates, etc., proposed amendment to the Constitution 1916 BULLOCH COUNTY, STATE COURT OF Terms of court 3077 BUSINESS DEVELOPMENT CORPORATIONS Loans, meetings, etc. 965 BUTTS COUNTY Compensation of clerk of superior court 3058 Salary of judge of probate court 3063 Sheriff's compensation 3055 Small claims court 4184 Tax commissioner's salary 3060 C CABLE TELEVISION Franchise of systems, etc. 865 CAMDEN COUNTY Jurisdiction of probate court, proposed amendment to the Constitution 1909 Powers, etc. of probate court, solicitor, etc. 3345 Purchasing agent, etc. 3343 Salaries of named county officers 3041 Small claims court created 4831 Tax commissioner's salary 3043 CAMDEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created 3428 CAMILLA, CITY OF Elections 3726 CAMPAIGN FINANCIAL DISCLOSURE ACT Contributions during legislative sessions 851

Page 5211

CAMPUS POLICE Arrest powers, etc. in certain municipalities (400,000 or more) 806 CANDLER COUNTY Small claims court act amended 4113 CARROLL COUNTY Compensation of clerk of superior court 3470 Compensation of coroner 4232 Compensation of county commissioner 3472 McIntosh Reserve Authority 4697 CARROLL COUNTY, STATE COURT OF Judge's compensation 3816 Salary of solicitor, etc. 3474 CARROLLTON, CITY OF Tax rate for schools 4172 CARROLLTON REDEVELOPMENT AUTHORITY Created 4535 CATOOSA COUNTY Compensation of tax commissioner 3697 County commissioner 4922 Fiscal administration of sheriff's office, etc. 4918 CENSUS, U.S. Effective date as used in statutory law 951 CENTERVILLE, CITY OF Punishment in municipal court 4019 CERTIFICATE OF TITLE ACT Motor vehicle certificate of title act amended 617 Motor vehicle odometer readings 517 CHATHAM COUNTY Chief tax assessor 3442 Compensation of board of public education, proposed amendment to the Constitution 1920 Homestead exemptions, proposed amendment to the Constitution 1917

Page 5212

CHATSWORTH-MURRAY COUNTY WATER AND SEWERAGE AUTHORITY Created 3779 CHATTAHOOCHEE COUNTY Compensation of clerk of board of commissioners 3630 CHATTAHOOCHEE JUDICIAL CIRCUIT Compensation of assistant district attorney 436 CHATTOOGA COUNTY Compensation of tax commissioner 4061 CHEHAW PARK AUTHORITY Meetings 3131 CHEROKEE AND FORSYTH COUNTIES, STATE COURT OF Salaries, etc. 3853 CHEROKEE JUDICIAL CIRCUIT Terms 593 CHIEF VANN HOUSE Deed of correction authorized 1512 CHILD ABUSE Reports by physicians, etc. 1034 CHILDREN Act regulating employment of children amended 792 Cruelty, etc. 683 CHILD SUPPORT Garnishment 804 CHILD SUPPORT RECOVERY ACT Amended 796 CHIROPRACTIC Refusal or revocation of licenses, etc. 690 CIGARETTE SALES ACT Repealed 870

Page 5213

CIVIL DEFENSE ACT OF 1951 Amended, local civil defense organizations 1802 CIVIL PRACTICE ACT See also Practice and Procedure Default judgments 769 CIVIL SERVICE BOARDS Members in certain counties (600,000 or more) (550,000 or more) 3280 CLARKE COUNTY Athens-Clarke County Charter Commission 3065 Athens-Clarke County Industrial Development Authority, powers 3972 Compensation of board of commissioners 4594 Compensation of named county officials 3969 Compensation of tax commissioner 3977 Magistrate's court judge, salary 3197 CLARKESVILLE, CITY OF New Charter 4502 CLAYTON COUNTY See also Tabular IndexHome Rule for Counties . Compensation of board of county commissioners 3904 Compensation of judge of probate court 3897 Compensation of sheriff and clerk of superior court 3902 Compensation of tax commissioner 3899 CLAYTON COUNTY, STATE COURT OF Compensation of judge 3894 CLINCH COUNTY Sheriffs compensation, deputy sheriffs 3013 COBB COUNTY Compensation of board of education 4176 Compensation of clerk of superior court and deputy clerk 4807 Compensation of county commissioners 3369 Compensation of judge of probate court 4186 Compensation of sheriff, etc. 4178 Compensation of tax commissioner and chief clerk 4756 Juvenile court judge's compensation 4166 Probate court clerk's compensation, etc. 4219

Page 5214

COBB COUNTY, STATE COURT OF Clerk's compensation 4204 Compensation of judges 4196 Compensation of solicitor and assistants 4759 Criminal jurisdiction of justices of the peace 4360 Deputy clerks, fees 4212 Magistrates 4189 COBB JUDICIAL CIRCUIT: Compensation of district attorney and staff 1029 Judges' compensation 597 COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY ACT Amended 4350 CODE OF PUBLIC TRANSPORTATION Amended, overweight motor vehicle citations 998 CODE REVISION Designated acts repealed 3 COFFEE COUNTY Court costs for county law library 3925 School superintendent, referendum 3626 COLLEGE PARK, CITY OF Elections 3950 COLLEGES AND UNIVERSITIES Private Colleges and Universities Facilities Authority Act amended 1331 COLONIAL PIPELINE COMPANY Amendment of right-of-way easement 1521 COLQUITT COUNTY Small claims court created 4846 COLUMBIA COUNTY Land conveyance authorized 1508 , 1525 Provisions for jail and courthouse 3581 COLUMBUS, GEORGIA Charter amended 3192 Personnel review board 3870

Page 5215

COMMERCIAL ACCOUNTS Interest rates 729 COMMERCIAL FISHING LICENSES Game and Fish Code amended 823 COMMISSIONER OF AGRICULTURE See also Agriculture. Procedure to fill vacancies, proposed amendment to the Constitution 1913 COMMISSIONER OF LABOR Procedure to fill vacancies, proposed amendment to the constitution 1913 COMMUNITY AFFAIRS, DEPARTMENT OF Codes 717 COMPTROLLER GENERAL Procedure to fill vacancies, proposed amendment to the Constitution 1913 COMPUTERS Computer System Protection Act 947 CONASAUGA JUDICIAL COURT Additional judge 500 C.S.S. GEORGIA Conveyance to U.S. Department of the Army, Corps of Engineers authorized 1485 CONFIRMATION PROCEDURES Sales of real estate under foreclosure proceedings 834 CONSERVATION, STATE DIVISION OF Lawsuits 637 CONSIDERATION Defined, etc. 876 CONSTABLES Qualifications, illegal acts 496

Page 5216

CONSTITUTIONAL AMENDMENTS Procedure, proposed amendment to the Constitution 1911 Summaries of general amendments 660 CONSTITUTIONAL AMENDMENTS PUBLICATION BOARD Act amended 116 CONSTITUTIONAL OFFICES Procedure to fill certain vacancies, proposed amendment to the Constitution 1913 CONSTITUTIONAL REVISION Legislative overview committee 1539 CONSTRUCTION INDUSTRY LICENSING BOARD Act amended 844 , 845 , 1703 CONSUMERS' UTILITY COUNSEL Position created, etc. 139 CONTRACTS Consideration defined 876 Guaranty and suretyship defined, etc. 870 CONTROLLED SUBSTANCES Board of Pharmacy Act amended 557 COOK COUNTY Compensation of county commissioners 4251 Small claims court created 4794 CORDELE, CITY OF Liens 4228 CORONERS Compensation in certain counties (28,300-29,600) 3696 CORPORATIONS Contributions to influence official actions 874 Professional Corporation Act amended 976 Reviver of nonprofit corporations 1425

Page 5217

CORRECTIONAL INSTITUTION STUDY COMMITTEE Joint committee created 1568 CORRECTIONS, STATE BOARD OF Outside work for prisoners during inclement weather 1421 COUNCIL OF JUVENILE COURT JUDGES Judges' qualifications, etc. 1390 COUNTIES Bond elections, etc. in certain counties (250,000-400,000) 1439 Costs of maintaining certain prisoners 1434 Deferred compensation for employees 119 Interest rates on bonds, etc. 384 Sale of county property in certain counties (600,000 or more) (550,000 or more) 539 Taxation of wrecker services 654 COUNTIES AND MUNICIPALITIES Recreational systems 1020 COUNTY ADMINISTRATORS Appointment in certain counties (400,000-500,000) (400,000-600,000) 547 COUNTY ELECTED OFFICIALS Compensation in certain counties (145,000-165,000) (171,000-181,000) 4064 COUNTY OFFICERS Compensation in certain counties (15,300-15,800) 3227 Compensation in certain counties (145,000-165,000) 3243 Compensation in certain counties (180,000-190,000) (180,000-205,000) 4201 COUNTY TAXATION Training classes by Department of Revenue 1022 COURT BAILIFFS Compensation 685 COURT COSTS Superior courts of certain counties (600,000 or more) (550,000 or more) 532 COURT OF APPEALS Judges' retirement system amended 1235

Page 5218

COURT REPORTERS Employment in certain circuits based upon population of counties (250,000-500,000) (350,000-500,000) 601 Travel allowance 619 COVINGTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. COWETA COUNTY Small claims court created 4722 CRAWFORD COUNTY Compensation of board of commissioners 4124 CREDIT CARDS Annual fees 732 CREDIT UNIONS Group life insurance 1814 Nonprofit Credit Union Deposit Insurance Corporation Act amended 1241 Out of state credit unions doing business in Georgia 753 CRIMES Alcoholic Beverage Code amended 1269 Armed robbery 1266 Computer Systems Protection Act 947 Corporate contributions to influence official actions 874 Cruelty to children 683 Display and sale of certain materials to minors 1578 Handicapped parking law 677 Insurrection defined, etc. 868 Medical Assistance Act of 1977 962 Motor vehicle license plates, etc. 714 Motor vehicle odometer readings 649 Parking, etc. violations by lessees of leased vehicles 1004 Penalty provisions relating to theft 1576 Possession of alcoholic beverages on public school grounds 625 Public indecency during plays, etc. 915 Punishment for issuance of bad checks 1550 Punishment for removal of memorials to the dead, etc. 1552 Retired law enforcement offices, licenses to carry pistols, etc. 946 Scrap metal processors, etc. 973 Shrimping in baited waters 1003 CRIMINAL COURTS Disposition of accusations in certain counties (600,000 or more) (550,000 or more) 3278

Page 5219

CRIMINAL JUSTICE COORDINATING COUNCIL Created 1306 CRIMINAL JUSTICE IMPROVEMENT COUNCIL Created 819 CRIMINAL PROCEDURE Degree of force to apprehend suspected felons 1393 Material facts discovered by a confession 875 Prevention of family violence, etc. 880 Rules for unified appeals pursuant to code section 27-2538 approved 1532 Sentencing 1024 Trials of certain misdemeanors 828 Youthful Offender Act amended 676 CRISP COUNTY Compensation of named officials 4117 D DACULA, CITY OF Procedure to override mayor's veto 3467 DADE COUNTY Budgeting, etc. for sheriff's office 3371 Compensation of deputy clerk of superior court 4077 Compensation of probate court deputies and clerks 4079 DALTON, CITY OF Downtown Dalton Development Authority 4760 DAVIS, III, ROY Compensation for damages 4904 DAWSON COUNTY Commissioner's compensation 3047 Compensation, clerk of superior court, judge of probate court 3053 Sheriff's compensation 3050 Tax commissioner's compensation 3045 DAY CARE STUDY COMMITTEE Joint Committee created 1547

Page 5220

DECATUR, CITY OF Homestead exemptions, proposed amendment to the Constitution 1914 DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY Powers 3482 DEFERRED COMPENSATION Payments 119 DEKALB COUNTY See also Tabular IndexHome Rule for counties. Board of education 4364 Form of government, referendum 4304 DEKALB COUNTY, STATE COURT OF Assistant solicitors 4108 Court costs 4810 Judges' secretaries 3918 DENTISTRY Georgia Board of Dentistry 610 , 726 DEPARTMENT OF ADMINISTRATIVE SERVICES Automobile mileage allowance for State employees 856 DERDEN, MRS. WATSON V. Compensation for damages 4903 DEVELOPMENT AUTHORITIES LAW Amended as to certain counties (26,000-26,500) 542 Amended, joint authorities 1419 Amended, project, etc. defined 1457 DISABLED ADULTS PROTECTION ACT Enacted 1320 DISPOSITION OF UNCLAIMED PROPERTY ACT Amended 977 Amended, presumptions of abandonment, etc. 1330 DISTRICT ATTORNEY EMERITUS ACT Amended 696

Page 5221

DISTRICT ATTORNEYS Appointment of secretaries 672 Compensation of assistant district attorneys 711 Travel expenses, etc. 682 DISTRICT ATTORNEY'S RETIREMENT FUND Amended 1392 DIVORCE AND ALIMONY Factors in determining grant of permanent alimony 615 Visitation rights of grandparents 1318 DOMESTIC INTERNATIONAL BANKING FACILITY ACT Enacted 770 DOOLY COUNTY Board of county commissioners 3703 Board of education, referendum 4463 Compensation of tax commissioner 3700 DOUGHERTY COUNTY Albany-Dougherty Inner City Authority Act amended 4688 Albany-Dougherty Payroll Development Authority amended 3133 Compensation of named officials 4098 DOUGHERTY COUNTY, STATE COURT OF Court costs 4101 DOUGLAS, CITY OF Ad valorem taxation 3594 Coroner's compensation 3104 DOUGLAS JUDICIAL CIRCUIT Additional judge 706 DOUGLAS, JR., J.D. Compensation for damages 4893 DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY Created 3538 DOWNTOWN DEVELOPMENT AUTHORITIES LAW Amended 1744

Page 5222

DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY Amended 3736 DOWNTOWN SAVANNAH AUTHORITY Powers 4041 DRUG ABUSERS Hospitalization, etc. 996 DRUG AND NARCOTIC ABUSE JOINT STUDY COMMITTEE Created 1481 DRUG AND NARCOTICS AGENCY Board of Pharmacy Act amended 557 DRUGS Georgia Controlled Substances Act amended 180 DUBLIN, CITY OF Charter amended 3979 DUNCAN, J. EBB J. Ebb Duncan Parkway designated 4890 E EAST DUBLIN, TOWN OF New charter 4645 EASTERN JUDICIAL CIRCUIT Judges' salaries 548 EAST POINT, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments EBERNEZER RIVER Scenic Rivers Act of 1969 amended 459

Page 5223

EDUCATION Adequate Program for Education in Georgia Act amended 667 , 766 , 774 , 1565 Audits in certain counties (250,000-500,000) (350,000-500,000) 4241 Compensation of boards in certain counties (34,000-34,500) 529 Compensation of boards of education in certain counties (400,000-600,000) (400,000-525,000) 755 Compensation of boards of education in certain counties (550,000 or more) (600,000 or more) 4362 Georgia Higher Education Loan Program, etc. 735 Immunization of children entering public schools, etc. 756 Members of county boards 1549 Possession of alcoholic beverages on public school grounds 625 Postsecondary Educational Authorization Act of 1978 amended 899 Qualifications of school board members in certain counties (350,000-500,000) (400,000-500,000) 602 Quick start programs 893 Records and reports of attendance 829 Resignation of county board members and county superintendants 643 Tuition equalization grants 1377 EFFINGHAM COUNTY Compensation of tax commissioners, etc. 4223 ELBERT COUNTY Compensation of board of commissioners 4120 ELECTIONS Absentee voting in certain counties (600,000 or more) (550,000 or more) 534 Boards of elections created in certain counties (11,340-11,390) 3090 Boards of elections created in certain counties (45,550-50,550) 3668 Boards of registration and elections in certain counties (350,000-600,000) (350,000-500,000) 3309 Election boards in certain counties (18,150-18,250) 3144 Elections in certain counties (400,000-525,000) 1581 Georgia Election Code Amended 1718 , 1798 Municipal Election Code and Election Code amended 1238 Qualifications of school board members in certain counties (350,000-500,000) (400,000-500,000) 602 Sale of alcoholic beverages on election days in certain counties (35,000 or more) 460 Superintendent of elections in certain counties (600,000 or more) (550,000 or more) 535 Use of county registration lists by municipalities in certain counties (400,000-600,000) (400,000-500,000) 545 ELECTRIC MEMBERSHIP CORPORATION ACT Amended, fees of clerks of superior courts 1396 Enacted 1587

Page 5224

ELK RIVER RESOURCES, INC. Easement to land 2-B EMERGENCY MANAGEMENT ACT OF 1981 Enacted 389 EMINENT DOMAIN Acquisition of property for future transportation purposes 878 Pipeline construction 789 EMPLOYEE'S HEALTH INSURANCE PLAN Amended 983 Employee defined, costs 425 EMPLOYEE'S RETIREMENT SYSTEM OF GEORGIA ACT Amended, appellate court judges 1235 Amended, credit for service in the General Assembly 1856 EMPLOYMENT Age discrimination prohibited 636 Equal Employment for the Handicapped Code 1803 EMPLOYMENT SECURITY LAW Amended 390 , 413 ENERGY REGULATORY REFORM COMMISSION Created 1499 ENGINEERS AND LAND SURVEYORS Act amended 763 ENVIRONMENTAL PROTECTION DIVISION Executive Reorganization Act of 1972 amended 838 EQUAL EMPLOYMENT FOR THE HANDICAPPED CODE Enacted 1803 ESTATES Appointment of county administrators in certain counties (400,000-600,000) (400,000-500,000) 547 Suits against representatives of obligors 852

Page 5225

EVAN COUNTY Small claims court act amended 3298 EVIDENCE Material facts discovered by a confession 875 EXECUTIVE REORGANIZATION ACT OF 1972 Amended, Board of Public Safety 814 Amended, Georgia Intracoastal Waterway Commission 1017 Amended, Southeastern Interstate Forest Fire Protection Compact 638 Division of Environmental Protection 838 Franklin D. Roosevelt Warm Springs Memorial Advisory Committee 849 EYE BANKS Health Code amended 611 EZELL, JAMES W. Compensation for damages 4908 F FAMILY AND CHILDRENS SERVICES Members of boards in certain counties (550,000 or more) 960 FAMILY VIOLENCE Procedure to prevent, etc. 880 FAMILY VIOLENCE SHELTERS Duties of Department of Human Resources, etc. 663 FANNIN COUNTY Compensation of judge of probate court, etc. 4829 Coroner placed on salary basis 4106 FARMERS' MUTUAL FIRE INSURANCE COMPANIES Act amended 809 FARM WINERY LAWS Joint committee created 1533 FARROW, DANNY R. Land conveyance authorized 4897

Page 5226

FAYETTE COUNTY Compensation of coroner 4284 Small Claims court 3092 FEDERAL CENSUS Effective dates as used in statutory law 951 FINANCIAL INSTITUTIONS CODE OF GEORGIA Amended 1241 , 1366 , 1566 Funds in care of nursing homes 848 FIRE COMMISSIONER Georgia Safety Fire Commissioners Act amended 1779 FIRE DEPARTMENTS Pension system for members of paid departments in certain cities (more than 300,000) 3553 FIRE PROTECTION STUDY COMMITTEE Created 1517 FIREMEN Pension system in certain counties amended (550,000 or more) (600,000 or more) 3257 FIREMEN'S RETIREMENT SYSTEM ACT Amended 608 FISCAL IMPACT NOTES ACT Enacted 1809 FISHING Use of power drawn nets regulated 688 FISHING LICENSE Fees, etc. 144 FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY Act amended 3957 FITZGERALD, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments.

Page 5227

FITZGERALD, GUY A. Compensation for damages 4897 FLOYD COUNTY See also Tabular IndexHome Rule Counties. Board of county commissioners 3023 Compensation of members of school board 4193 Merit system amended 3638 Salaries, clerk of superior court, judge of probate court 3030 Tax commissioner's compensation 3027 FORECLOSURES Confirmation of sales of real estate 834 FOREST PARK, CITY OF Corporate limits 3117 FORESTRY Proceeds from sale of seedlings 1385 FORSYTH AND CHEROKEE COUNTIES, STATE COURT OF Salaries, etc. 3853 FORSYTH COUNTY Compensation of county commissioners 3155 FRANCHISES Cable television, etc. 865 FULTON COUNTY Civil service board Act amended 3221 Withdrawal from pension system, etc. by elected officials 4302 FULTON COUNTY, STATE COURT OF Chief clerk 3267 Compensation of chief judge 3537 Court costs 3264 Jurisdiction of magistrates, etc. 3546 Secretaries and bailiffs for magistrates 3262

Page 5228

G GAME AND FISH CODE Amended 144 , 798 Commercial fishing licenses, etc. 823 Fishing with power drawn nets 688 Handguns for hunting deer 730 Public fishing areas, etc. 1380 Shrimping in baited waters 1003 Trappers and fur dealers regulations 1006 GARDEN CITY City administrator 3776 GARNISHMENT Child support or alimony 804 Procedure, etc. 383 GENERAL APPROPRIATIONS ACT Enacted 1036 GENERAL ASSEMBLY Campaign Financial Disclosure Act amended 851 Compensation of Speaker of House of Representatives 894 Distribution of journals 818 Employees' Retirement System Act amended 1856 Payment of compensation upon death of members 699 GEMS Dealers in gems regulated 1570 GEOLOGISTS Registration Act of 1975 amended 777 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Amended, vacancies 692 GEORGIA ALCOHOLIC BEVERAGE CODE See also Alcoholic Beverages. Amended 1269 Possession on public school grounds 625 GEORGIA BOARD OF DENTISTRY Amended 726 Members 610 GEORGIA BOAT SAFETY ACT Amended 147 Bonds for regattas, etc. 987

Page 5229

GEORGIA CIVIL DEFENSE ACT OF 1951 Amended, local civil defense organizations 1802 GEORGIA CODE OF PUBLIC TRANSPORTATION Amended 953 , 955 Amended, overweight motor vehicle citations 998 GEORGIA COGENERATION ACT Amended 808 GEORGIA COMMISSION ON WOMEN'S OPPORTUNITIES Created 1850 GEORGIA COMPUTER SYSTEMS PROTECTION ACT Enacted 947 GEORGIA CONTROLLED SUBSTANCES ACT Amended 180 GEORGIA CONVOCATION ON FEDERALISM A resolution 136 GEORGIA COUNCIL FOR THE ARTS AND HUMANITIES Appointment of a poet laureate 1394 GEORGIA CRIMINAL JUSTICE IMPROVEMENT COUNCIL Created 819 GEORGIA ELECTRIC MEMBERSHIP CORPORATION ACT Enacted 1587 GEORGIA EMERGENCY MANAGEMENT ACT OF 1981 Enacted 389 GEORGIA ENERGY REGULATORY REFORM COMMISSION Created 1499 GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY ACT Enacted 462

Page 5230

GEORGIA HEALTH CODE See also Health. Amended, bill of rights for residents of long-term care facilities 149 GEORGIA HIGHER EDUCATION LOAN PROGRAM Amended 735 GEORGIA INDUSTRIAL LOAN ACT Amended 621 GEORGIA INSURANCE CODE See also Insurance. Amended, licensing, etc. of agents, brokers, etc. 1789 Group life insurance for credit union members 1814 GEORGIA INTRACOASTAL WATERWAY COMMISSION Functions transferred to Department of Transportation 1017 GEORGIA JUSTICE COURT TRAINING COUNCIL ACT Amended, exclusions 623 GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION Created, etc. 1336 GEORGIA MARKETING ACT OF 1981 Enacted 1354 GEORGIA MEAT INSPECTION ACT Amended 657 GEORGIA MEDICAL ASSISTANCE ACT OF 1977 Amended 1887 Amended, crimes 962 Claims 917 GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 702 Amended, State flag 986 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended, repairs 1329

Page 5231

GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT Amended 1441 GEORGIA MOTOR VEHICLE SAFETY INSPECTION ACT Amended 1740 GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT Amended 778 GEORGIA PRIVATE DETECTIVE AND SECURITY AGENCIES ACT Enacted 1828 GEORGIA PROFESSIONAL CORPORATION ACT Amended 976 Amended, fees of superior court clerks 1396 GEORGIA PUBLIC REVENUE CODE See also Revenue. Amended 1857 , 1903 Tax appraisers 1906 GEORGIA PUBLIC SERVICE COMMISSION Code amended 121 Powers, duties, hearings 409 GEORGIA RECORDS ACT Amended 1422 GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973 Amended 1417 GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT Amended 718 GEORGIA SAFETY FIRE COMMISSIONER ACT Amended 825 , 1779 GEORGIA SECURITIES ACT OF 1973 Amended 1583 Exemptions 840

Page 5232

GEORGIA SCENIC RIVERS ACT OF 1969 AMENDED Ebenezer River 459 GEORGIA SEMIQUINCENTENARY COMMISSION Created 1472 GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT Amended 668 GEORGIA STATE WAREHOUSE ACT Amended, minimum required bond 929 GILMER COUNTY Compensation of clerk of superior court and deputy clerk 4344 Compensation of commissioners, advisory board, etc. 4370 Deputy sheriffs 4342 Small claims court created 3202 GILMER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Bonds, proposed amendment to the Constitution 1923 GLASCOCK COUNTY Compensation of clerk of superior court 3993 Compensation of judge of probate court 3995 GLYNN COUNTY Brunswick and Glynn County Development Authority, projects 4335 Brunswick-Glynn County Charter Commission amended 3850 Clerk of superior court and judge of probate court, salaries, etc. 4339 Compensation of deputy magistrate 4122 Compensation of sheriff, deputies, etc. 3351 Compensation of tax commissioners, etc. 3354 School superintendent 4331 Vacancies on board of county commissioners 3356 GLYNN COUNTY, STATE COURT OF Terms, compensation of certain personnel 3359 GORDON COUNTY Office of county commissioner created, etc., referendum 3269 School superintendent, referendum 3586 GRADY COUNTY, STATE COURT OF Election of judge, etc. 3859 Juries 3857

Page 5233

GRADY MEMORIAL HOSPITAL Study committee 1540 GRAIN DEALERS Licensing, etc. 927 GRAND JURIES Investigative grand juries in certain counties (400,000-500,000) (400,000-600,000) 544 GRANDPARENTS Visitation rights, etc. 1318 GREENE COUNTY Compensation of named county officials 3877 Compensation of tax commissioner, etc. 3881 Motor vehicle for use by sheriff 4230 GRIFFIN, CITY OF Chairman of board of commissioners 3658 GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITY ACT Amended 4875 GUARANTY Defined, etc. 870 GWINNETT COUNTY Airport Authority Act amended 3821 Compensation, clerk of superior court, judge of probate court 3142 Compensation of county commissioners 3135 Compensation of tax commissioner 3138 Homestead exemptions, proposed amendment to the Constitution 1921 Industrial building authority Act amended 3831 Ownership, etc. of pinball machines 3115 Public facilities authority Act amended 3825 Recorder's court, judge, solicitor 3038 Recreation authority Act amended 3828 Sheriff's compensation 3140 Water and Sewerage Authority Act amended 3818 GWINNETT COUNTY, STATE COURT OF Jury trials, salaries, etc. 3033

Page 5234

H HABERSHAM COUNTY Coroner's compensation 3082 HABERSHAM COUNTY, STATE COURT OF Compensation of judge and solicitor 3087 Solicitor's secretary 3084 HABERSHAM COUNTY WATER AND SEWERAGE AUTHORITY Created 3327 HANCOCK COUNTY Small claims court Act amended 3325 HANDICAPPED PARKING LAW Amended 624 , 677 HANDICAPPED PERSONS Equal Employment for the Handicapped Code enacted 1803 Public policy toward housing, etc. 1469 HARALSON COUNTY Compensation of county commissioner 3933 Compensation of judge of probate court 3935 Treasurer's compensation 3930 Water authority members, etc. 4247 HARBERT CORPORATION Easement to land 2-B HART COUNTY Board of finance 3966 Compensation of clerk of superior court 3964 Compensation of coroner 3962 Small claims court Act amended 4168 HARTWELL, CITY OF Elections, etc. 3960 HAYDEN, Jack Compensation for damages 4894

Page 5235

HAZARDOUS WASTE See also Waste . Georgia Hazardous Waste Management Authority Act 462 HEALTH Ambulance services 1315 Claims under Medical Assistance Act of 1977 917 Compensation of employees of certain institutions for damages 854 Confidentiality of hospitalization 985 Disabled Adults Protection Act 1320 Form of birth certificates 1456 Hospitalization and treatment procedures for alcoholics 785 Hospitalization and treatment procedures for the mentally ill 787 Hospitalization, etc. of alcoholics, drug abusers, etc. 996 Immunization of children entering public schools, etc. 756 Medical Assistance Act of 1977 amended, crimes 962 Permits to operate certain medical institutions 920 Registration of spinal-cord disabled 1027 Reports of child abuse by physicians, etc. 1034 HEALTH CODE See also Georgia Health Code Eye banks 611 HEARD COUNTY Clerk of superior court, compensation 3179 County commissioner, compensation 3184 Probate court judge, compensation 3174 Sheriff, compensation 3181 Tax commissioner's compensation 3177 HENRY COUNTY Compensation of named county officials 4006 Compensation of treasurer 4004 Small claims court act amended 4001 Water and sewerage authority act amended 4011 HIGHER EDUCATION LOAN PROGRAM Amended 735 HILLSMAN, ROBERT Robert Hillsman Bridge designated 4899 HOMERVILLE, CITY OF Exchange of land authorized 1515

Page 5236

HOMESTEAD EXEMPTIONS Alternative exemptions, etc. 626 Applications, etc. in certain counties (34,000-34,500) 528 Leased property in certain counties (10,450-10,650) 1267 Procedure for returning, etc. local homestead exemptions 117 HOME SOLICITATION SALES ACT Amended 1795 , 1797 HOSPITALIZATION AND TREATMENT PROCEDURES FOR ALCOHOLICS, ETC. Health code amended 785 HOSPITALIZATION AND TREATMENT PROCEDURE FOR THE MENTALLY ILL Health code amended 787 HOUSE OF REPRESENTATIVES Compensation of Speaker 894 HOUSING AUTHORITIES Authority to initiate projects 1420 HOUSTON COUNTY Compensation of county commissioners 3112 HOUSTON COUNTY, STATE COURT OF Terms of court 3551 HUMAN RESOURCES, DEPARTMENT OF See also Health . Family violence shelters 663 HUNTING Handguns for hunting deer 730 HUNTING LICENSES Fees, etc. 144 HUSBAND AND WIFE Gifts from wife to husband 704

Page 5237

I IDEAL, CITY OF Terms of mayor and councilmen 4210 INDEMNIFICATION FOR DEATH OF CERTAIN LAW ENFORCEMENT OFFICERS, ETC. Act amended 477 INDUSTRIAL LIFE INSURANCE Code amended 936 INDUSTRIAL LOAN ACT Amended 621 INDUSTRY AND TRADE, DEPARTMENT OF Moving expenses of employees 429 INSURANCE Accident and sickness policies 640 Farmer's Mutual Fire Insurance Companies 809 Georgia Insurance Code amended 1789 Georgia Life and Health Insurance Guaranty Association 1336 Group life insurance for credit union members 1814 Group policies for services within scope of optometrists 817 Group self insurance funds for worker's compensation 1759 Industrial life insurance 936 Motor vehicle accident reparations act amended 1329 Optional coverage for certain mental or nervous disorders 896 Out patient services under accident and sickness policies 991 Premium Finance Company Act, amended 760 Sickness and accident policies 1009 Taxation of life insurance companies 380 INSURED FINANCIAL INSTITUTIONS Loans 784 INSURRECTIONS Defined, etc. 868 INTANGIBLE RECORDING TAX Exemption 775

Page 5238

INTEREST Act regulating real estate transactions amended 480 Bonds 384 Industrial Loan Act amended 621 Refunds of interest on add-on interest loans 1016 Unliquidated damages 681 INTEREST AND USURY Commercial accounts 729 INTERNATIONAL BANKING Domestic International Banking Facility Act 770 INVESTIGATIVE GRAND JURIES Provisions for certain counties (400,000-600,000) (400,000-500,000) 544 IRRIGATION SYSTEMS Regulations, etc. 1256 IRWIN COUNTY Compensation of chairman of board of commissioners 3865 J JACKSON COUNTY Compensation of named county officials 4021 JAIL OVERCROWDING Executive branch urged to continue study effort 1495 JEFFERSON COUNTY Personnel in office of clerk of superior court 3694 Personnel in sheriff's office 3691 Personnel in tax commissioner's office 3689 JEKYLL ISLAND-STATE PARK AUTHORITY ACT Ordinances, etc. 1436 JESUP, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. JOHNSON COUNTY Compensation of board of commissioners 3984 Small claims court created 4031 JOHNSON, RODNEY B. Compensation for damages 4909

Page 5239

JOINT CITY-COUNTY TAX BOARDS Act creating in certain counties amended (600,000 or more) (550,000 or more) 3283 JOINT-SECRETARY STATE EXAMINING BOARDS Duties, etc. 1898 JONES COUNTY Compensation, county commissioners 3225 Small claims court act amended 4067 JURIES Alternative provisions for exemptions 652 Selection of traverse juries in certain counties (250,000-500,000) (350,000-500,000) 4242 JUSTICES OF THE PEACE Constables 496 Training Council Act amended 623 JUVENILES Definitions, arrests, etc. 862 JUVENILE COURTS Judges' qualifications, etc. 1390 K KLEIN, DR. JOHN J. Compensation for damages 4895 L LABOR, COMMISSIONER OF Act regulating employment of children amended 792 Procedure to fill vacancies, proposed amendment to the Constitution 1913 LABOR, DEPARTMENT OF Supplemental appropriation 673 LAGRANGE, CITY OF Corporate limits 3106

Page 5240

LAMAR COUNTY Compensation of judge of probate court 3955 Small claims court 4264 LAND ACQUISITION POLICY ACT OF 1973 Amended 1417 LANDSCAPE ARCHITECTS Exemptions 781 LANIER COUNTY Small claims court created 3452 LAURENS COUNTY Compensation of tax commissioner 3982 Small claims court Act amended 3733 LAW ENFORCEMENT OFFICERS Act providing for indemnification for deaths amended 477 Limitations on tort actions 655 LEE COUNTY Small claims court created 3491 LEESBURG, CITY OF Charter amended 3583 LEGAL ADVERTISEMENTS Fees 1808 LEGISLATIVE COUNSEL Summaries of general proposed amendments to the Constitution 660 LENDER CREDIT CARD ACT Amended, annual fees 732 LIBERTY COUNTY Small claims court Act amended 3383 LIBERTY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Project defined 3381

Page 5241

LIBRARIES, LAW Act authorizing amended as to certain counties (550,000 or more) 959 LIBRARY Long term leases by municipalities to provide library services 833 LICENSED PRACTICAL NURSES Act amended 1815 LIENS Actions to enforce 846 Bonding requirements for mechanics and materialmen's liens 916 Fees, etc. of clerks of the superior courts 1396 LIFE INSURANCE COMPANIES Taxation 380 LINCOLNTON, CITY OF Charter amended 4024 LITTER CONTROL LAW Amended 1758 LOANS BY INSURED FINANCIAL INSTITUTIONS Repeal of prior act 784 LOCAL GOVERNMENT IMPACT FISCAL NOTES ACT Enacted 1809 LOCAL HOMESTEAD EXEMPTIONS Procedure, etc. for claiming 117 LOCUST GROVE, CITY OF Elections 4174 LONG COUNTY Clerk of superior court 4277 Probate court judge 4269 Sheriff 4272 Small claims court Act amended 3945 Tax commissioner 4274

Page 5242

LOUISVILLE, CITY OF Police court fines 3796 M MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY Bonds 4872 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT Amended 3464 MACON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. MACON COUNTY Construction of covenant agreements with recreation commission 1491 Small claims court created 3120 MACON JUDICIAL CIRCUIT Additional judge 1445 MARIETTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Cobb-Marietta Coliseum and Exhibit Hall Authority Act amended 4350 Downtown development authority act amended 3736 MARION COUNTY Compensation of deputy sheriff 4234 MARKETING ACT OF 1981 Enacted 1354 MARRIAGE LICENSES Issuance in certain counties (600,000 or more) (550,000 or more) 531 MARSHES Notice of proposed burning 895 MASTER AND SERVANT Payment as release, etc. 639 McDONOUGH, CITY OF New charter 3387

Page 5243

McDUFFIE COUNTY Compensation of tax commissioner 4094 McINTOSH COUNTY Small claims court 4346 McINTOSH RESERVE HISTORICAL AUTHORITY Created 4697 McLAIN, DONALD B. Compensation for damages 4906 MECHANICS AND MATERIALMEN'S LIENS Bonding requirements 916 MEDICAL ASSISTANCE ACT OF 1977 Amended 1887 Amended, claims 917 Amended, commissioner's salary 855 Amended, crimes 962 MEDICAL INSTITUTIONS Permits to operate 920 MEMORIALS TO THE DEAD Punishment for removal, etc. 1552 MENTAL DISORDERS Optional insurance coverage 896 MENTAL HEALTH Joint Local Mental Health and Mental Retardation Governance Study Committee created 1502 MENTAL HEALTH SPECIAL STUDY COMMISSION Created 1487 MENTALLY ILL Hospitalization and treatment procedure 787 MERCER UNIVERSITY SCHOOL OF MEDICINE Commitment of General Assembly 1470

Page 5244

MERIWETHER COUNTY Compensation of deputy sheriffs 4287 Coroner, clerk of superior court, etc. 3189 County commissioners' compensation 3172 Small claims court 3006 METALS Dealers in precious metals regulated 1570 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 Amended 4289 Easement of land authorized 1504 MIDDLE GEORGIA CONSORTIUM, INC. Incorporation ratified, etc. 444 MILLEDGEVILLE PUBLIC FACILITIES AUTHORITY Created 3311 MILLER COUNTY Board of education, referendum 4713 Small claims court 3231 MITCHELL COUNTY Coroner's corporation 3731 Fees received by judge of probate court 3728 MONROE, CITY OF Contracts 3848 MONROE COUNTY Small claims court 4189 MONTGOMERY COUNTY Small claims court created 3645 MONTROSE, TOWN OF Charter amended 4157 MOREHOUSE SCHOOL OF MEDICINE Committment of General Assembly 1483

Page 5245

MORGAN COUNTY Compensation of board of commissioners 3883 Compensation of clark of superior court 3875 MOTOR FUEL Delivery to service stations 1019 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 473 , 617 , 644 , 883 Scrap metal processors' responsibility 973 MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT Amended 1441 MOTOR VEHICLES Accident reparations act amended 1329 Crimes relating to odometer readings, etc. 649 Free license plates for prisoners of war 516 Handicapped parking law amended 624 , 677 License plates, etc. 714 Odometer readings 517 Parking, etc. violations by lessees of leased vehicles 1004 Removal of abandoned motor vehicles, etc. 469 Safety inspection Act amended 1740 Securing of loads, etc. 705 Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act 900 MOTOR VEHICLE SALES FINANCE ACT Amended 703 MOUNTAIN JUDICIAL CIRCUIT Additional judge 494 MULLINS, MICHAEL R. Compensation for damages 4907 MUNICIPAL HOME RULE ACT OF 1965 Amended 1741 Amended, reapportionment of council, etc. districts 497 MUNICIPAL ELECTION CODE Amended 1238 , 1430 , 1728 , 1801 Primary expenses 486 Registrars and deputy registrars 1716 Voter registration list in certain municipalities (less than 20,000) in certain counties (400,000-600,000) 551

Page 5246

MUNICIPAL ELECTIONS Authority of certain counties to hold (600,000 or more) (550,000 or more) 536 Use of county registration lists by municipalities in certain counties (400,000-600,000) (400,000-500,000) 545 MUNICIPALITIES Abatement of nuisances 1739 Ad valorem taxation in certain cities (17,000-20,000) in certain counties (400,000-600,000) (350,000-500,000) 599 Annexation based upon population of counties (200,000-500,000) (350,000-500,000) 4237 City Business Improvement District Act as to certain cities (400,00 or more) 4531 Deferred compensation for employees 119 Downtown Development Authorities Law amended 1744 Interest rates on bonds, etc. 384 Joint City-County Boards of tax assessors in certain counties based on population of cities (More than 400,000) 594 Lease of recreational properties by certain municipalities (300,000 or more) 3196 Litter control 1758 Long term leases to provide library services 833 Municipal Home Rule Act of 1965 amended 497 Registration of electors in certain municipalities based upon county population (400,000-525,000) 1238 Sale of municipal property 831 Taxation of wrecker services 654 Zoning of annexed land in certain counties (400,000-600,000) (400,000-500,000) 3310 MUNICIPALITIES AND COUNTIES Recreational systems 1020 MUNICIPAL PENSION SYSTEMS Amended as to certain cities (more than 300,000) 3569 , 4376 Pension system for members of police departments of certain cities amended (300,000 or more) 4381 MURRAY COUNTY Chatsworth-Murray County Water and Sewerage Authority created 3779 Compensation of county commissioner 3021 Compensation of named county officials 3018 MUSCOGEE COUNTY School district, members, etc. 4885 Valuation of homestead property, proposed amendment to the Constitution 1926

Page 5247

N NATURAL RESOURCES Concessions in State Parks and recreational areas 980 NERVOUS DISORDERS Optional insurance coverage 896 NEWNAN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. NEWTON COUNTY Compensation of board of commissioners 4719 Compensation of named officials 3304 Industrial development authority Act amended 3302 NONPROFIT CORPORATIONS Reviver procedure 1425 NONPROFIT CREDIT UNION DEPOSIT INSURANCE CORPORATION ACT Amended 1241 NORTHEASTERN JUDICIAL CIRCUIT Salary, etc. of district attorney 521 NUISANCES Abatement in municipalities 1739 Procedure to abate, etc. 867 NURSING HOMES Disposition of funds in care of nursing homes 848 O OBSOLETE ACTS Named acts repealed 3 OCMULGEE JUDICIAL COURT Judges' compensation 168 Terms 553

Page 5248

ODOMETER READINGS Crimes 649 Motor vehicle certificate of title Act amended 517 OFFENDER REHABILITATION, DEPARTMENT OF Cost of maintaining certain prisoners 1434 Damage to employees' wearing apparel 1429 OGLETHORPE COUNTY Small claims court created 3418 OPTICIANS State Board of Dispensing Opticians Act amended 1378 OPTOMETRISTS Group insurance policies for services within scope of optometrists 817 P PALMETTO, CITY OF Homestead exemptions, proposed amendment to the Constitution 1928 PARDONS AND PAROLES, STATE BOARD OF Discretion 1024 PARDONS AND PAROLES Revocation hearings, etc. 812 PARKING Handicapped parking law amended 624 , 677 PATAULA JUDICIAL CIRCUIT Additional judge 508 PATTERSON, City of New charter 4545 PAULDING COUNTY Appointment, removal, etc. of named county officials 4279 Civil service system 4282 Compensation of clerk of superior court and judge of probate court 4221 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 454 Peace officer defined 710

Page 5249

PEACE OFFICERS STANDARDS AND TRAINING ACT Amended 778 PEACH COUNTY Charter commission created 4126 PEACHTREE CITY INDUSTRIAL BUILDING AUTHORITY Powers 4267 PELHAM, CITY OF Conveyance of flagpole 1528 PENNINGTON, BROOKS Brooks Pennington Bridge designated 4900 PENSIONS Rights of employees of cities and counties based upon population of counties (More than 550,000) 4299 PERSONNEL BOARD, STATE Quorum, etc. 1026 PETROLEUM Act providing for construction, etc. of pipelines, amended 789 PFUND, JOSEPH Land conveyance 1510 PHARMACY Board of Pharmacy Act amended 557 , 782 PINE MOUNTAIN, TOWN OF Town clerk 3199 PIPELINES Act providing for construction, etc. amended 789 PISTOL OR REVOLVER LICENSES Act amended 1325 Licenses to carry, retired law enforcement officers 946

Page 5250

PLANNING AND BUDGET, OFFICE OF Residential Conservation Service Act of 1981 1258 PLATS Recording in certain counties (600,000 or more) (550,000 or more) 3279 POET LAUREATE Appointment 1394 POLICE, CAMPUS Arrest powers, etc. in certain municipalities (400,000 or more) 806 POLICEMEN Pension system in certain counties amended (550,000 or more) (600,000 or more) 3257 POLITICAL SUBDIVISIONS Deferred compensation for employees 119 Requirements of retirement systems 931 PORT WENTWORTH, CITY OF Corporate limits 3911 POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 Amended, exemptions 899 POULTRY HAULING Code of Public Transportation amended 133 PRACTICAL NURSES Licensing Act amended 1815 PRACTICE AND PROCEDURE Abatement of nuisances, etc. 867 Abatement of nuisances in municipalities 1739 Bonding requirements, etc. for mechanics and materialmen's liens 916 Breach of good behavior bonds 622 Child support recovery act amended 796 Confirmation of sales under foreclosure proceedings on real estate 834 Default judgments 769 Enforcement of liens 846 Factors in determining grant of permanent alimony 615 Fees, etc, of clerks of superior court 1396 Garnishment 383 Garnishment of certain retirement benefits for alimony or child support 804

Page 5251

Interest on unliquidated damages 681 Limitation of actions for torts against law enforcment officers 655 Rules for unified appeals approved 1532 Suits against representatives of obligors 852 Trials of certain misdemeanors 828 Visitation of grand parents with grand children under certain circumstances 1318 PRISONERS Costs of maintaining certain prisoners 1434 Outside work during inclement weather 1421 PRISONERS OF WAR Free license plates 516 PRISON OVERCROWDING Executive branch urged to continue study effort 1495 PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITIES ACT Amended 1331 PRIVATE DETECTIVES Licensing Act 1829 PROBATE COURTS Appointment of county administrators in certain counties (400,000-600,000) (400,000-500,000) 547 Disposition of fines in certain counties (6,900-6,950) 4301 Issuance of marriage licenses in certain counties 531 Judges may administer oaths in certain counties (600,000 or more) (550,000 or more) 3286 Minimum salaries for judges, etc. 518 Offices in certain counties (600,000 or more) (550,000 or more) 530 PROFESSIONAL CORPORATIONS ACT Amended 976 PROFESSIONAL ENGINEERS AND LAND SURVEYORS ACT Amended 763 PROPERTY Acquisition for public road, etc, purposes 878 Disposition of Unclaimed Property Act amended 977

Page 5252

PROPOSED AMENDMENTS TO THE CONSTITUTION Summaries of general amendments 660 PUBLIC CORPORATIONS Interest rates on bonds, etc. 384 PUBLIC INDECENCY DURING PLAYS, ETC. Act repealed 915 PUBLIC POLICY Housing, etc. for handicapped citizens 1469 PUBLIC PROPERTY Sale of municipal property 831 PUBLIC REVENUE Payment of taxes in certain counties (350,000-500,000) (350,000-600,000) 388 PUBLIC REVENUE CODE Amended 1554 , 1857 , 1903 Amended, leased property eligible for homestead exemption in certain counties (10,450-10,650) 1267 Tax appraisers 1906 PUBLIC SAFETY, BOARD OF Executive Reorganization Act of 1972 amended 814 PUBLIC SAFETY, DEPARTMENT OF Powers, duties, etc. 1450 Security guard division 684 PUBLIC SALES Uniform Commercial Code amended 635 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 633 Amended, death benefits 527 Creditable service 1888 PUBLIC SCHOOLS Possession of alcoholic beverages on public school grounds 625

Page 5253

PUBLIC SERVICE COMMISSION Code amended 121 Georgia Cogeneration Act amended 808 Powers, duties, hearings 409 PUBLIC TRANSPORTATION, CODE OF Amended 953 , 955 Vehicles hauling poultry 133 PUBLIC WAYS Cost of cleaning, etc. in certain counties (550,000 or more) 3259 PULASKI COUNTY Deputy sheriffs, etc. 4181 PULPWOOD AND TIMBER Sale regulated 935 PUTNAM COUNTY Small claims court created 3287 Q QUITMAN COUNTY Small claims court created 3212 R REAL ESTATE Act regulating transactions amended 480 Sold signs in certain counties (350,000-500,000) (400,000-500,000) 4239 REAL ESTATE COMMISSIONER Powers, duties, etc. 1311 RECORDS Georgia Records Act amended 1422 RECREATION EXAMINERS ACT Amended 423 RECREATIONAL SYSTEMS Municipalities and counties 1020

Page 5254

REGENTS, STATE BOARD OF Quick start education programs 893 Urged to seek agreements with adjacent states on tuition rates 1536 REGISTRATION OF GEOLOGISTS ACT OF 1975 Amended 777 REGULATION OF DEALERS IN PRECIOUS METALS OR GEMS Enacted 1570 REGULATORY CODES Enforcement of codes in certain counties (550,000 or more) 3261 REPEALED ACTS Named acts relating to the Turner County repealed 3743 Named acts relating to Worth and other counties repealed 3739 RESACA, TOWN OF New Charter 3746 RESIDENTIAL CONSERVATION SERVICE ACT OF 1981 Enacted 1258 RESIDENTIAL FINANCE AUTHORITY ACT Amended 718 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 1795 , 1797 RETIREMENT Garnishment of benefits for alimony or child support 804 Requirements of political subdivision retirement systems 931 Act protecting rights in certain counties ammended (550,000 or more) (600,000 or more) 3258 Pension system for policemen and firemen in certain counties amended (550,000 or more) (600,000 or more) 3257 REVENUE See also Public Revenue Code. Ad valorem taxation in certain cities (17,000-20,000) in certain counties (400,000-600,000) (350,000-500,000) 599 Delivery of motor fuel to service stations 1019 Free motor vehicle license plates for prisoners of war 516 Intangible recording tax exemptions 775

Page 5255

Joint city-county boards of tax asessors in certain counties based on population of cities (more than 400,000) 594 Limitations on ad valorem tax executions 791 Motor Vehicle Certificate of Title Act amended 617 , 644 , 883 Motor vehicle license plates, etc. 714 Payment of taxes in certain counties (600,000 or more) (550,000 or more) 538 Tax due dates in certain counties (600,000 or more) (550,000 or more) 533 Taxation of wrecker services 654 Training classes in areas of county taxation 1022 REVENUE BONDS Brunswick Port Authority 604 REYNOLDS, CITY OF Elections 4161 RICHMOND COUNTY Ad valorem taxation 3673 City of AugustaCounty of Richmond Criminal Advisory Commission 4901 Duties of superintendent of schools 3656 Member of board of education, referendum 3677 School taxes 3675 RICHMOND COUNTY, CIVIL COURT OF Jurisdiction, rules of procedure 3575 RICHMOND COUNTY, STATE COURT OF Act amended 3544 RIVERDALE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. ROCKDALE COUNTY See also Tabular IndexHome Rule for Counties. County commission vacancies 3152 ROOSEVELT, FRANKLIN D., WARM SPRINGS MEMORIAL ADVISORY COMMITTEE Executive Reorganization Act of 1972 amended 849 RURAL TELEPHONE COOPERATIVE ACT Amended, fees, etc. of clerks of superior courts 1396 RUSSELL, CITY OF New charter 3501

Page 5256

RUTLEDGE, CITY OF Police court fines 3873 S SAFETY FIRE COMMISSIONER ACT Amended 825 , 1779 ST. MARYS, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. New charter 4763 SAVANNAH, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Compensation of board of public education, proposed amendment to the Constitution 1920 Corporate limits 3366 Downtown Savannah Authority, powers 4041 Homestead exemptions, proposed amendment to the Constitution 1917 Municipal court court costs 3446 SAVANNAH TRANSIT AUTHORITY Members 3101 SCENIC RIVERS ACT OF 1969 Amended, Ebenezer River 459 SCHOOL DISTRICTS Interest rates on bonds, etc. 384 SCRAP METAL PROCESSORS Records, etc. 973 SCREVEN COUNTY Salary of clerk of superior court, assistants 3080 SECURITIES Georgia Securities Act of 1973 amended 840 , 1583 SECURITY AGENCIES Licensing Act 1828

Page 5257

SECRETARY OF STATE Distribution of State flag, etc. 986 Fees, etc. 1396 Joint-secretary state examining boards 1898 Procedure to fill vacancies, proposed amendment to the Constitution 1913 Proposed constitutional amendments 116 Summaries of general proposed amendments to the Constitution 660 SEEDLINGS Procedures from sale by Forestry Commission 1385 SEMINOLE COUNTY Judge of probate court placed on salary basis 3254 Tax commissioner's compensation 3251 SEMIQUINCENTENARY COMMISSION Created 1472 SERVICES FOR THE AGED STUDY COMMITTEE Created 1456 SHERIFFS Compensation in certain counties (500,000 or more) (550,000 or more) 3171 Duties in certain counties (250,000-500,000) (350,000-500,000) 4238 Qualifications, etc. 1334 Transportation, etc. of involuntary patients to mental health facilities 985 SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 694 , 918 , 1853 , 1889 SHRIMPING IN BAITED WATERS Crimes 1003 SICKNESS AND ACCIDENT POLICIES Provisions 1009 SMALL CLAIMS COURTS Act creating in certain counties repealed (4,600-5,300) 3450 Act creating in certain counties repealed (6,825-6,925) 3223 Act creating in certain counties repealed (7,040-7,055) 3489 Act creating in certain counties repealed (8,750-8,950) 3574 Act creating in certain counties repealed (11,000-11,300) 3245 Act creating in certain counties repealed (11,775-12,100) 4016 Act creating in certain counties repealed (13,160-13,200) 3103 Act creating in certain counties repealed (13,635-14,765) 3795

Page 5258

Act creating in certain counties repealed (16,500-16,700) 3580 Act creating in certain counties repealed (22,830-23,500) 3846 Act creating in certain counties repealed (23,300-23,699) 4018 Act creating in certain counties repealed (23,500-24,100) 3643 Act creating in certain counties repealed (32,300-32,700) 3158 Act creating in certain counties repealed (33,300-34,056) 4243 SMYRNA, CITY OF Corporate limits 4843 SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT Representatives 638 SOUTHEASTERN RAILWAY MUSEUM Designated an official railway museum 1498 SOUTHWESTERN JUDICIAL CIRCUIT Additional judge 487 SPALDING COUNTY Compensation of board of commissioners 4140 Compensation of coroner 4129 Compensation of named county officials 4137 Compensation of tax commissioner 4135 Griffin-Spalding County Development Authority Act amended 4875 Jurisdiction of justices of the peace, proposed amendment to the Constitution 1933 Sales and use tax, proposed amendment to the Constitution 1934 SPALDING COUNTY, STATE COURT OF Compensation of judge and solicitor 4131 SPEECH PATHOLOGY State Speech Pathology and Audiology Licensing Act amended 668 SPINAL-CORD DISABLED Registration 1027 STATE AGENCIES Liability insurance for State employees 1383 STATE ALCOHOLISM ADVISORY COUNCIL ACT Amended, effective date 1433

Page 5259

STATE AND THE ARTS JOINT STUDY COMMITTEE Created 1480 STATE BOARD OF PARDONS AND PAROLES Revocation hearings, etc. 812 STATE COURTS See also Tabular IndexState Courts. Advancement of court costs in certain counties (190,000-210,000) 3444 Solicitors' compensation in certain counties (300,000-600,000) (300,000-500,000) 3308 STATE DIVISION OF CONSERVATION Lawsuits 637 STATE EMPLOYEES Automobile mileage allowance 856 Compensation to employees of penal institutions for damages to wearing apparel 1429 Deferred compensation 119 Deferred compensation plan amended 662 Liability insurance 1383 STATE EMPLOYEES' HEALTH INSURANCE PLAN Amended 983 Employee defined, costs 425 Inclusion of certain vendors 120 STATE EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1447 Judges of Court of Appeals, Justices of the Supreme Court 1235 STATE FLAGS Distribution, etc. 986 STATE PARKS AND RECREATIONAL AREAS Concessions 980 STATE PERSONNEL BOARD Administration of deferred compensation plan 662 Quorum, etc. 1026 STATE SCHOOL SUPERINTENDENT Procedure to fill vacancies, proposed amendment to the Constitution 1913

Page 5260

STATESBORO, CITY OF Downtown Statesboro Development Authority 4821 STATUTE OF LIMITATIONS Tort actions against law enforcement officers 655 STEPHENS COUNTY Small claims court Act amended 3186 STEPHENS COUNTY, STATE COURT OF Compensation of judge and solicitor 3635 Terms 3632 STEWART COUNTY Compensation of deputy sheriff 3591 STONE MOUNTAIN, CITY OF Jurisdiction of police court 4069 SUBSEQUENT INJURY TRUST FUND Act amended 836 SUGAR HILL, CITY OF Council members, terms, etc. 3708 SUMTER COUNTY Compensation of sheriff 3477 Compensation of tax commissioner 3480 Small claims court Act amended 3798 SUPERIOR COURT CLERKS' RETIREMENT SYSTEM ACT Amended 857 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Act amended 407 , 1232 SUPERIOR COURTS Appointment of secretaries by district attorneys 672 Assistant district attorneys, compensation 711 Clerks, vacancies, chief deputies 733 Clerks' duties in certain counties (300,000-600,000) (300,000-500,000) 546 Clerks' fees, etc. 1396 Clerks qualifications, training, etc. 921 Clerks' Retirement Act amended 693

Page 5261

Clerks' salaries 1254 Court costs in certain counties (550,000 or more) (600,000 or more) 541 Court reporters in circuits based on population of counties (250,000-500,000) (350,000-500,000) 601 District Attorney Emeritus Act amended 696 Law clerks in certain circuits 687 Recording of plats in certain counties (600,000 or more) (550,000 or more) 3279 Senior judges' expenses 1386 Travel allowance for court reporters 619 Travel expenses of district attorneys, etc. 682 SUPPLEMENTAL APPROPRIATIONS ACT Enacted 184 SUPREME COURT Justices retirement system amended 1235 SURETYSHIP Defined, etc. 870 SWAINSBORO PUBLIC FACILITIES AUTHORITY Created 4143 T TALBOT COUNTY Compensation of county commissioners 3011 Small claims court created 4860 TATNALL COUNTY Compensation of board of county commissioners 4075 Compensation of tax commissioner, etc. 3948 Small claims court 4587 TAX ASSESSORS Joint city-county boards in certain counties based on population of cities (more than 400,000) 594 TAX BOARDS Joint City-County Boards amended (600,000 or more) (550,000 or more) 3283 TAX COLLECTORS Powers in certain counties (27,500-28,500) 713

Page 5262

TAX COMMISSIONERS Powers in certain counties (27,500-28,500) 713 TAX EXECUTIONS Limitations on ad valorem tax executions 791 TAYLOR COUNTY Compensation of tax commissioners, etc. 4163 TAZEWELL, TOWN OF Charter repealed 4245 TEACHER CERTIFICATION Lifetime certification 1565 TEACHERS' RETIREMENT SYSTEM ACT Amended 698 , 1327 , 1892 , 1894 Service prior to January 1, 1945 411 TELEVISION Franchise of cable systems, etc. 865 TERRELL COUNTY Small claims court Act amended 3862 THEFT Penalty provisions 1576 THOMSON, CITY OF Recorder's court fines 3922 TIFT COUNTY Compensation of chairman of board of commissioners 4088 Compensation of clerk of superior court 4086 Compensation of judge of probate court 4082 Compensation of sheriff 4090 Compensation of tax commissioner 4084 Small claims court created 4597 Vacancies on board of commissioners 4014 TOOMBS JUDICIAL CIRCUIT Additional judge 504

Page 5263

TOOMSBORO, TOWN OF See Tabular IndexMunicipalitiesHome Rule Amendments . TRADE NAMES Registration, etc. 872 TRAFFIC CONTROL SIGNS Sale, etc. of unauthorized signs 1826 TRANSPORTATION, DEPARTMENT OF Land conveyance authorized 1545 TRAPPERS AND FUR DEALERS Regulations amended 1006 TROUP COUNTY Compensation of county commissioners 4059 TRUELOVE, JAMES W. Compensation for damages 4905 TUITION EQUALIZATION GRANTS Act amended 1377 TUITION RATES Board of Regents urged to seek agreements with adjacent States 1536 TUNNEL HILL, TOWN OF Terms of commissioners, etc. 3549 TURNER COUNTY Named Acts repealed 3743 Small claims court created 4393 TYBEE ISLAND, CITY OF Corporate limits, referendum 4914 U UNCLAIMED PROPERTY Disposition of Unclaimed Property Act amended 977 , 1330

Page 5264

UNFAIR CIGARETTE SALES ACT Repealed 870 UNIFORM COMMERCIAL CODE Amended 634 Fees of clerks of superior court, etc. 1396 UNION COUNTY Compensation of judge of probate court 3868 Expenses of sheriff's office 4104 UNION POINT, CITY OF Compensation of mayor and council 3535 UNITED STATES Land conveyance authorized 1461 , 1492 U.S. CONGRESS Urged to require fiscal notes 134 UNITED TECHNOLOGIES CORPORATION Land conveyance authorized 421 UNLIQUIDATED DAMAGES Interest 681 UPSON COUNTY Small claims court created 3802 Tax commissioner's compensation 3814 USED CAR DEALERS' REGISTRATION ACT Amended 767 USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS REGISTRATION ACT Enacted 900 USURY See also Interest. Georgia Industrial Loan Act amended 621

Page 5265

V VENDORS Certain vendors included in State Employees' Health Insurance Plan 120 VENUE Abatement of nuisances 867 VETERANS OF FOREIGN WARS Commended 1534 VETERANS SERVICE, DEPARTMENT OF Act amended 700 VOLUNTEERS LEGAL SERVICES Act providing for volunteer legal services in certain counties amended (550,000 or more) (600,000 or more) 4451 W WADLEY, CITY OF Recorder 3110 WALKER COUNTY Coroner's compensation 3719 Personnel in office of clerk of superior court 3724 Personnel in tax commissioner's office 3721 WALNUT GROVE, CITY OF New charter 4470 WALTON COUNTY Health insurance plan 4226 Small claims court created 3834 WARE COUNTY, STATE COURT OF Salaries of judge and solicitor 3016 WAREHOUSES State Warehouse Act amended 656 WARM SPRINGS, CITY OF Land conveyance authorized 1543

Page 5266

WARNER ROBINS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . WASHINGTON, CITY OF Ad valorem taxation 3377 WASHINGTON COUNTY Compensation of clerk of superior court 3991 Compensation of judge of probate court 3999 Compensation of sheriff, etc. 3987 Compensation of tax commissioner 3997 WASTE See also Hazardous Waste . Transport across State or County boundaries of certain counties (600,000 or more) (550,000 or more) 537 WAYCROSS, CITY OF Downtown Waycross Development Authority Act amended 4576 WAYCROSS JUDICIAL CIRCUIT Additional judge 490 WAYNE COUNTY Compensation of clerk of superior court, etc. 3348 WELFARE REORGANIZATION ACT OF 1937 Amended as to certain counties (550,000 or more) 960 WESTERN JUDICIAL CIRCUIT Judges' compensation 178 WHEELER COUNTY Clerk of superior court placed on salary basis 3915 Compensation of county commissioners 3661 Compensation of sheriff 3666 Judge of probate court placed on salary basis 3663 Office of treasurer abolished 4191 Small claims court created 3558 WHITFIELD COUNTY Compensation of board of commissioners 4092 Small claims court act amended 3577 WILDFLOWER WEEK Designated 1849

Page 5267

WILKES COUNTY Compensation of coroners 4111 Tax commissioner placed on salary basis 3374 WILKINSON COUNTY Expense allowance for county commissioners 3379 WILLIAMS, JERRY WADLEY Jerry Wadley Williams Bridge designated 4913 WINDER, CITY OF Land conveyance authorized 1489 WOODS Notice of proposed burning 895 WOODSTOCK, CITY OF Charter amended 4815 WORKERS' COMPENSATION Act amended 842 , 1585 Attorney's fees 805 Board members and employees 114 Group self insurance funds 1759 Subsequent injury trust fund 836 WORTH COUNTY Named acts repealed 3739 Small claims court created 3886 WRECKER SERVICES Taxation 654 WRENS, CITY OF Police court fines 3913 Y YOUTHFUL OFFENDER ACT Amended, consecutive misdemeanor sentences 676 Z ZONING INSPECTORS Issuance of citations in certain counties (600,000 or more) (550,000 or more) 3282

Page 5268

POPULATION OF GEORGIA COUNTIES County 1980 1970 1960 1950 1940 1930 Appling 15,565 12,726 13,246 14,003 14,497 13,314 Atkinson 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,379 8,233 8,359 8,940 8,096 7,055 Baker 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 34,686 34,240 34,064 29,706 24,190 22,878 Banks 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 21,293 16,859 14,485 13,115 13,064 12,401 Bartow 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,000 13,171 13,633 14,879 14,523 13,047 Berrien 13,525 11,556 12,038 13,966 15,370 14,646 Bibb 151,085 143,366 141,249 114,079 83,783 77,042 Bleckley 10,767 10,291 9,642 9,218 9,655 9,133 Brantley 8,701 5,940 5,891 6,387 6,871 6,895 Brooks 15,255 13,743 15,292 18,169 20,497 21,330 Bryan 10,175 6,539 6,226 5,965 6,288 5,952 Bulloch 35,785 31,585 24,263 24,740 26,010 26,509 Burke 19,349 18,255 20,596 23,458 26,520 29,224 Butts 13,665 10,560 8,976 9,079 9,182 9,345 Calhoun 5,717 6,606 7,341 8,578 10,438 10,576 Camden 13,371 11,334 9,975 7,322 5,910 6,338 Campbell 9,903 Candler 7,518 6,412 6,672 8,063 9,103 8,991 Carroll 56,346 45,404 36,451 34,112 34,156 34,272 Catoosa 36,991 28,271 21,101 15,146 12,199 9,421 Charlton 7,343 5,680 5,313 4,821 5,256 4,381 Chatham 202,226 187,816 188,299 151,481 117,970 105,431 Chattahoochee 21,732 25,813 13,011 12,149 15,138 8,894 Chattooga 21,856 20,541 19,954 21,197 18,532 15,407 Cherokee 51,699 31,059 23,001 20,750 20,126 20,003 Clarke 74,498 65,177 45,363 36,550 28,398 25,613 Clay 3,553 3,636 4,551 5,844 7,064 6,943 Clayton 150,357 98,126 46,365 22,872 11,655 10,260 Clinch 6,660 6,405 6,545 6,007 6,437 7,015 Cobb 297,694 196,793 114,174 61,830 38,272 35,408 Coffee 26,894 22,828 21,953 23,961 21,541 19,739 Colquitt 35,376 32,298 34,048 33,999 33,012 30,622 Columbia 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,490 12,129 11,822 12,201 11,919 11,311 Coweta 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 7,684 5,748 5,816 6,080 7,128 7,020 Crisp 19,489 18,087 17,768 17,663 17,540 17,343 Dade 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 4,774 3,639 3,590 3,712 4,479 3,502 Decatur 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 483,024 415,387 256,782 136,395 86,942 70,278 Dodge 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 10,826 10,404 11,474 14,159 16,886 18,025 Dougherty 100,978 89,639 75,680 43,617 28,565 22,306 Douglas 54,573 28,659 16,741 12,173 10,053 9,461 Early 13,158 12,682 13,151 17,413 18,679 18,273 Echols 2,297 1,924 1,876 2,494 2,964 2,744 Effingham 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,758 17,262 17,835 18,585 19,618 18,485 Emanuel 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,428 7,290 6,952 6,653 7,401 7,102 Fannin 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 29,043 11,364 8,199 7,978 8,170 8,665 Floyd 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 27,958 16,928 12,170 11,005 11,322 10,624 Franklin 15,185 12,784 13,274 14,446 15,612 15,902 Fulton 589,904 605,210 556,326 473,572 392,886 318,587 Gilmer 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,382 2,280 2,672 3,579 4,547 4,388 Glynn 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 30,070 23,570 19,228 18,922 18,445 16,846 Grady 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,391 10,212 11,193 12,843 13,709 12,616 Gwinnett 166,903 72,349 43,541 32,320 29,087 27,853 Habersham 25,020 20,691 18,116 16,553 14,771 12,748 Hall 75,649 59,405 49,739 40,113 34,822 30,313 Hancock 9,466 9,019 9,979 11,052 12,764 13,070 Haralson 18,422 15,927 14,543 14,663 14,377 13,263 Harris 15,464 11,520 11,167 11,265 11,428 11,140 Hart 18,585 15,814 15,229 14,495 15,512 15,174 Heard 6,520 5,354 5,333 6,975 8,610 9,102 Henry 36,309 23,724 17,619 15,857 15,119 15,924 Houston 77,605 62,924 39,154 20,964 11,303 11,280 Irwin 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 25,343 21,093 18,499 18,997 20,089 21,609 Jasper 7,553 5,760 6,135 7,473 8,772 8,594 Jeff Davis 11,473 9,425 8,914 9,299 8,841 8,118 Jefferson 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,841 8,332 9,148 10,264 11,843 12,908 Johnson 8,660 7,727 8,048 9,893 12,953 12,681 Jones 16,579 12,270 8,468 7,538 8,331 8,992 Lamar 12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,654 5,031 5,097 5,151 5,632 5,190 Laurens 36,990 32,738 32,313 33,123 33,606 32,693 Lee 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 37,583 17,569 14,487 8,444 8,595 8,153 Lincoln 6,949 5,895 5,906 6,462 7,042 7,847 Long 4,524 3,746 3,874 3,598 4,086 4,180 Lowndes 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 10,762 8,728 7,241 6,574 6,223 4,927 McDuffie 18,546 15,276 12,627 11,443 10,878 9,014 McIntosh 8,046 7,371 6,364 6,008 5,292 5,763 Macon 14,003 12,933 13,170 14,213 15,947 16,643 Madison 17,747 13,517 11,246 12,238 13,431 14,921 Marion 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 21,229 19,461 19,756 21,055 22,055 22,437 Miller 7,038 6,424 6,908 9,023 9,998 9,076 Milton 6,730 Mitchell 21,114 18,956 19,652 22,528 23,261 23,620 Monroe 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,011 6,099 6,284 7,901 9,668 10,020 Morgan 11,572 9,904 10,280 11,899 12,713 12,488 Murray 19,685 12,986 10,447 10,676 1[UNK],137 9,215 Muscogee 170,108 167,377 158,623 118,028 75,494 57,558 Newton 34,439 26,282 20,999 20,185 18,576 17,290 Oconee 12,427 7,915 6,304 7,009 7,576 8,082 Oglethorpe 8,929 7,598 7,926 9,958 12,430 12,927 Paulding 26,042 17,520 13,101 11,752 12,832 12,327 Peach 19,151 15,990 13,846 11,705 10,378 10,268 Pickens 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 11,897 9,281 9,678 11,112 11,800 12,522 Pike 8,937 7,316 7,138 8,459 10,375 10,853 Polk 32,386 29,656 28,015 30,976 28,467 25,141 Pulaski 8,950 8,066 8,204 8,808 9,829 9,005 Putnam 10,295 8,394 7,798 7,731 8,514 8,367 Quitman 2,357 2,180 2,432 3,015 3,435 3,820 Rabun 10,466 8,327 7,456 7,424 7,821 6,331 Randolph 9,599 8,734 11,078 13,804 16,609 17,174 Richmond 181,629 162,437 135,601 108,876 81,863 72,990 Rockdale 36,747 18,152 10,572 8,464 7,724 7,247 Schley 3,433 3,097 3,256 4,036 5,033 5,347 Screven 14,043 12,591 14,919 18,000 20,353 20,503 Seminole 9,057 7,059 6,802 7,904 8,492 7,389 Spalding 47,899 39,514 35,404 31,045 28,427 23,495 Stephens 21,763 20,331 18,391 16,647 12,972 11,740 Stewart 5,896 6,511 7,371 9,194 10,603 11,114 Sumter 29,360 26,931 24,652 24,208 24,502 26,800 Talbot 6,534 6,625 7,127 7,687 8,141 8,458 Taliaferro 2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 18,134 16,557 15,837 15,939 16,243 15,411 Taylor 7,902 7,865 8,311 9,113 10,768 10,617 Telfair 11,445 11,394 11,715 13,221 15,145 14,997 Terrell 12,017 11,416 12,742 14,314 16,675 18,290 Thomas 38,098 34,562 34,319 33,932 31,289 32,612 Tift 32,862 27,288 23,487 22,645 18,599 16,068 Toombs 22,592 19,151 16,837 17,382 16,952 17,165 Towns 5,638 4,565 4,538 4,803 4,925 4,346 Treutlen 6,087 5,647 5,874 6,522 7,632 7,488 Troup 50,003 44,466 47,189 49,841 43,879 36,752 Turner 9,510 8,790 8,439 10,479 10,846 11,196 Twiggs 9,354 8,222 7,935 8,308 9,117 8,372 Union 9,390 6,811 6,510 7,318 7,680 6,340 Upson 25,998 23,505 23,800 25,078 25,064 19,509 Walker 56,470 50,691 45,264 38,198 31,024 26,206 Walton 31,211 23,404 20,481 20,230 20,777 21,118 Ware 37,180 33,525 34,219 30,289 27,929 26,558 Warren 6,583 6,669 7,360 8,779 10,236 11,181 Washington 18,842 17,480 18,903 21,012 24,230 25,030 Wayne 20,750 17,858 17,921 14,248 13,122 12,647 Webster 2,341 2,362 3,247 4,081 4,726 5,032 Wheeler 5,155 4,596 5,342 6,712 8,536 9,149 White 10,120 7,742 6,935 5,951 6,417 6,056 Whitfield 65,780 55,108 42,109 34,432 26,105 20,808 Wilcox 7,682 6,998 7,905 10,167 12,755 13,439 Wilkes 10,951 10,184 10,961 12,388 15,084 15,944 Wilkinson 10,368 9,393 9,250 9,781 11,025 10,844 Worth 18,064 14,770 16,682 19,357 21,374 21,094 Total 5,464,265 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506

Page 5271

POPULATION NUMERICALLY LISTED ACCORDING TO 1980 CENSUS County Population Taliaferro 2,032 Echols 2,297 Webster 2,341 Quitman 2,357 Glascock 2,382 Schley 3,433 Clay 3,553 Baker 3,808 Long 4,524 Dawson 4,774 Wheeler 5,155 Marion 5,297 Towns 5,638 Lanier 5,654 Calhoun 5,717 Stewart 5,896 Treutlen 6,087 Atkinson 6,141 Heard 6,520 Talbot 6,534 Warren 6,583 Clinch 6,660 Lincoln 6,949 Montgomery 7,011 Miller 7,038 Charlton 7,343 Candler 7,518 Jasper 7,553 Wilcox 7,682 Crawford 7,684 Taylor 7,902 McIntosh 8,046 Evans 8,428 Johnson 8,660 Brantley 8,701 Banks 8,702 Jenkins 8,841 Oglethorpe 8,929 Pike 8,937 Pulaski 8,950 Irwin 8,988 Seminole 9,057 Twiggs 9,354 Bacon 9,379 Union 9,390 Hancock 9,466 Turner 9,510 Randolph 9,599 White 10,120 Bryan 10,175 Putnam 10,295 Wilkinson 10,368 Rabun 10,466 Lumpkin 10,762 Bleckley 10,767 Dooly 10,826 Wilkes 10,951 Gilmer 11,110 Greene 11,391 Telfair 11,445 Jeff Davis 11,473 Morgan 11,572 Pickens 11,652 Lee 11,684 Pierce 11,897 Terrell 12,017 Lamar 12,215 Dade 12,318 Oconee 12,427 Early 13,158 Camden 13,371 Cook 13,490 Berrien 13,525 Butts 13,665 Macon 14,003 Screven 14,043 Monroe 14,610 Fannin 14,748 Franklin 15,185 Brooks 15,255 Harris 15,464 Appling 15,565 Ben Hill 16,000 Jones 16,579 Dodge 16,955 Madison 17,747 Worth 18,064 Tattnall 18,134 Effingham 18,327 Jefferson 18,403 Haralson 18,422 McDuffie 18,546 Hart 18,585 Elbert 18,758 Washington 18,842 Peach 19,151 Burke 19,349 Crisp 19,489 Murray 19,685 Grady 19,845 Wayne 20,750 Emanuel 20,795 Mitchell 21,114 Meriwether 21,229 Barrow 21,293 Chattahoochee 21,732 Stephens 21,763 Chattooga 21,856 Toombs 22,592 Habersham 25,020 Jackson 25,343 Decatur 25,495 Upson 25,998 Paulding 26,042 Coffee 26,894 Forsyth 27,958 Fayette 29,043 Sumter 29,360 Gordon 30,070 Walton 31,211 Polk 32,386 Tift 32,862 Newton 34,439 Baldwin 34,686 Colquitt 35,376 Bulloch 35,785 Henry 36,309 Rockdale 36,747 Laurens 36,990 Catoosa 36,991 Ware 37,180 Liberty 37,583 Thomas 38,098 Coweta 39,268 Columbia 40,118 Bartow 40,760 Spalding 47,899 Troup 50,003 Cherokee 51,699 Douglas 54,573 Glynn 54,981 Carroll 56,346 Walker 56,470 Whitfield 65,780 Lowndes 67,972 Clarke 74,498 Hall 75,649 Houston 77,605 Floyd 79,800 Dougherty 100,978 Clayton 150,357 Bibb 151,085 Gwinnett 166,903 Muscogee 170,108 Richmond 181,629 Chatham 202,226 Cobb 297,694 Dekalb 483,024 Fulton 589,904 Total 5,464,265

Page 5273

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

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SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1980-1981 District Name Address 22 Thomas F. Allgood 712 Montrose Ct., Augusta 30904 45 W. D. (Don) Ballard 1122 Monticello St., Covington 30209 18 Ed Barker P.O. Box KK, Warner Robins 31099 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 5 Robert H. (Bob) Bell 2535 Henderson Mill Rd. N.E., Atlanta 30345 39 Julian Bond 361 Westview Dr. S.W., Atlanta 30310 13 Rooney L. Bowen P.O. Box 417, Vienna 31092 51 Max Brannon P.O. Box 1027, Calhoun 30701 56 Haskew H. Brantley, Jr. P.O. Box 605, Alpharetta, 30201 46 Paul Collins Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O. Box 37, Hartwell 30643 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 28 Kyle Trueman Cobb P.O. Box 1010, Griffin 30224 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 40 Paul Douglas Coverdell 2015 Peachtree Rd. N.E., Atlanta 30309 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 31 Nathan Dean P.O. Box 606, Rockmart 30153 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 21 Bill English P.O. Box 521, Swainsboro 30401 34 Bev Engram 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213 37 Todd Evans P.O. Box 8276; Station F, Atlanta 30306 52 Dan H. Fincher 1392 Horseleg Creek Rd., Rome 30161 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 50 John C. Foster P.O. Box 100, Cornelia 30531 30 Wayne Garner Route 9, Chapel Heights, Carrollton 30117 20 Hugh Marion Gillis P.O. Box 148, Soperton 30457 26 Richard L. Greene Suite 517, First National Bank Bldg., Macon 31202 29 Render Hill P.O. Box 246, Greenville 30222 12 Al Holloway P.O. Box 588, Albany 31702 17 Janice S. Horton 430 Burke Circle, McDonough 30253 42 Pierre Howard 1105-H Clairmont Ave., Decatur 30030 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 25 Culver Kidd P.O. Box 370, Milledgeville 31061 16 Ted J. Land 3736 Woodruff Rd., Columbus 31904 23 Jimmy Lester First Federal Savings Bldg., 985 Broad St., Augusta 30902 6 Bill Littlefield P.O. Box 833, Brunswick 31520 24 Sam P. McGill P.O. Box 520, Washington 30673 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 48 Steve Reynolds 297 Craig Drive, Lawrenceville 30245 27 Lee Robinson 864 Winchester Circle, Macon 31210 43 Thomas R. (Tom) Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 36 Jack L. Stephens 2484 Macon Dr. S. E., Atlanta 30315 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 53 E. G. Summers P.O. Box 499, LaFayette 30728 9 Franklin Sutton Route 1, Norman Park 31771 38 Horace E. Tate 621 Lilla Dr. S.W., Atlanta 30310 32 Joe Thompson P.O. Box 1045, Smyrna 30080 11 Jimmy Hodge Timmons 132 S. Woodlawn St., Blakely 31723 10 Paul Trulock P.O. Box 68, Climax 31734 8 Loyce W. Turner P.O. Box 157, Valdosta 31601 41 James W. (Jim) Tysinger 3781 Watkins Place N.E., Atlanta 30319 19 Ronnie Walker P.O. Box 461, McRae 31055 2 Charles Henry Wessels P.O. Box 187, Savannah 31402

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1980-81 District Name Address 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 2 Charles Henry Wessels P.O. Box 187, Savannah 31402 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 Rd. N.E., Atlanta 30345 6 Bill Littlefield P.O. Box 833, Brunswick 31520 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 8 Loyce W. Turner P.O. Box 157, Valdosta 31601 9 Franklin Sutton Route 1, Norman Park 31771 10 Paul Trulock P.O. Box 68, Climax 31734 11 Jimmy Hodge Timmons 132 S. Woodlawn St., Blakely 31723 12 Al Holloway P.O. Box 588, Albany 31702 13 Rooney L. Bowen P.O. Box 417, Vienna 31092 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 16 Ted J. Land 3736 Woodruff Rd., Columbus 31904 17 Janice S. Horton 430 Burke Circle, McDonough 30253 18 Ed Barker P.O. Box KK, Warner Robins 31099 19 Ronnie Walker P.O. Box 461, McRae 31055 20 Hugh Marion Gillis P.O. Box 148, Soperton 30457 21 Bill English P.O. Box 521, Swainsboro 30401 22 Thomas F. Allgood 712 Montrose Ct., Augusta 30904 23 Jimmy Lester First Federal Savings Bldg. 985 Broad St., Augusta 30902 24 Sam P. McGill P.O. Box 520, Washington 30673 25 Culver Kidd P.O. Box 370, Milledgeville 31061 26 Richard L. Greene Suite 517, First National Bank Bldg., Macon 31201 27 Lee Robinson 864 Winchester Circle, Macon 31210 28 Kyle Trueman Cobb P.O. Box 1010, Griffin 30224 29 Render Hill P.O. Box 246, Greenville 30222 30 Wayne Garner Route 9, Chapel Heights, Carrollton 30117 31 Nathan Dean P.O. Box 606, Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30080 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 34 Bev Engram 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 36 Jack L. Stephens 2484 Macon Dr. S.E., Atlanta 30315 37 Todd Evans P.O. Box 8276; Station F, Atlanta 30306 38 Horace E. Tate 621 Lilla Dr. S.W., Atlanta 30310 39 Julian Bond 361 Westview Dr. S.W., Atlanta 30310 40 Paul Douglas Coverdell 2015 Peachtree Rd. N.E., Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Place N.E., Atlanta 30319 42 Pierre Howard 1105-H Clairmont Ave., Decatur 30030 43 Thomas R. (Tom) Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 45 W. D. (Don) Ballard 1122 Monticello St., Covington 30209 46 Paul Collins Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O. Box 37, Hartwell 30643 48 Steve Reynolds 297 Craig Drive, Lawrenceville 30245 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 50 John C. Foster P.O. Box 100, Cornelia 30531 51 Max Brannon P.O. Box 1027, Calhoun 30701 52 Dan H. Fincher 1392 Horseleg Creek Rd., Rome 30161 53 E. G. Summers P.O. Box 499, LaFayette 30728 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 56 Haskew H. Brantley, Jr. P.O. Box 605, Alpharetta, 30201

Page 5279

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 5281

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1980-81 District Representative Address 56-Post 2 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 36 G. D. Adams 532 St. Johns Ave. Atlanta 30315 14 John Adams 7 East Creekview Dr. Rome 30161 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 21-Post 1 Fred Aiken 4020 Pineview Dr., S.E. Smyrna 30080 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 63 Bob Argo P.O. Box 509 Athens 30603 154 Dean A. Auten 628 King Cotton Row Brunswick 31520 140 Ralph J. Balkcom Route 1 Blakely 31723 83 Emory E. Bargeron P.O. Box 447 Louisville 30434 108 Wilbur E. Baugh P.O. Box 926 Milledgeville 31061 28 Alveda King Beal 75 Piedmont Ave., Suite 236 Atlanta 30303 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane, S. W. Atlanta 30311 103 Kenneth Wilson Birdsong Route 1 Gordon 31031 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 30 Paul Bolster 1043 Ormewood Ave. S.E. Atlanta 30316 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 70 Claude A. Bray, Jr. 617 Mayes Way Manchester 31816 34 Tyrone Brooks Station A P.O. Box 11025 Atlanta 30310 95 Thomas B. Buck, III P.O. Box 196 Columbus 31902 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 47 Joe Burton 2598 Woodwardia Rd. N.E., Atlanta 30345 138-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 96 Gary C. Cason 3128 College Dr. Columbus 31907 111 Don Castleberry P.O. Box 377 Richland 31825 73 G. Richard Chamberlin P.O. Box 378 Stockbridge 30281 131 Tommy Chambliss P.O. Box 2008 Albany 31702 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 15 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 51 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 23 Luther S. Colbert 495 Houze Way Roswell 30076 118 Terry L. Coleman P.O. Box 157 Eastman 31023 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 87 Jack Connell P.O. Box 308 Augusta 30903 43-Post 1 Barbara H. Couch 2864 W. Roxboro Rd., N.E., Atlanta 30324 141 Walter E. Cox 202 West St. Bainbridge 31717 5 John G. Crawford Route 1, Box 518 Lyerly 30730 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 98 Bryant Culpepper P.O. Box 490 Fort Valley 31030 17 Bill Cummings Route 1, 508 Morgan Valley Rd. Rockmart 30153 19-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 33 J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 99 Burl Davis 740 Mulberry St. Macon 31201 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 124 Lamar W. Davis, Jr. P.O. Box 1567 Savannah 31402 29 Douglas C. Dean 356 Arthur St. S. W. Atlanta 30310 85 R. A. Dent 1120 Pine St. Augusta 30901 151 Harry Dixon 1303 Coral Rd. Waycross 31501 74 Denny M. Dobbs 125 Hardwick Dr.-Almon Covington 30209 11 Bill Dover Timbrook Hollywood 30523 110 Ward Edwards P.O. Box 146 Butler 31006 49 Ewell H. (Hank) Elliott 411 Decatur Federal Bldg. Decatur 30030 84 Warren D. Evans P.O. Box 539 Thomson 30824 22 Mrs. Dorothy Felton 465 Tanacrest Dr. N.W. Sandy Springs 30328 71-Post 1 James R. (Jim) Fortune, Jr. 683 Brook Circle Griffin 30223 6-Post 2 R. L. (Shorty) Foster 4899 Tibbs Bridge Rd., S.E., Dalton 30720 27 Cynthia Fuller 742 Myrtle St., N.E., #9 Atlanta 30308 16 Ken Fuller 5 Lenox Circle Rome 30161 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 122 Ronald E. (Ron) Ginsberg P.O. Box 10105 14 E. State St. Savannah 31412 32 Mildred Glover 735 Lawton St. S.W. Atlanta 30310 82 John F. Godbee 401 Lane St. Brooklet 30415 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 80 Benson Ham 20 E. Main St. Forsyth 31029 31 Mrs. Grace T. Hamilton 582 University Place N.W., Atlanta 30314 130 Bob Hanner Route 1 Parrott 31777 8-Post 1 Joe Frank Harris 712 West Ave. Cartersville 30120 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30061 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 1-Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 127 Bobby L. Hill 923 West 37th St. Savannah 31401 39 Bob Holmes 2073 Cascade Rd. S.W. Atlanta 30311 116 George Hooks P.O. Box 928 Americus 31709 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 10 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 20-Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 75 Neal Jackson 316 N. Broad St. Monroe 30655 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 117 Ben Jessup P.O. Box 468 Cochran 31014 66-Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 78 William Bailey Jones P.O. Box 3933 Jackson 30233 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 112 E. Roy Lambert 543 North Main St. Madison 30650 40 Dick Lane 2704 Humphries St. East Point 30344 81 Bob Lane 105 Wilton Dr. Statesboro 30458 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 72-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 62 Hugh Logan 1328 Prince Ave. Athens 30601 142 Bobby Long 6th St., N.W. Cairo 31728 105 Jimmy Lord P.O. Box 254 Sandersville 31082 43-Post 2 Bettye Lowe 591 W. Paces Ferry Rd. N.W., Atlanta 30305 102 David E. Lucas 448 Woolfolk St. Macon 31201 56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 13-Post 3 Charles C. Mann 238 Elbert St. Elberton 30635 26 Sidney J. Marcus 845 Canterbury Rd., N.E. Atlanta 30324 60 Charles Martin 470 Hill St. Buford 30518 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 134 T. Hayward (Mac) McCollum 5608 Spring Flats Rd. Albany 31705 12 Lauren (Bubba) McDonald, Jr. Route 2, Box 408-A Commerce 30529 35 J. E. (Billy) McKinney 765 Shorter Terrace N.W., Atlanta 30318 107 John David Miles P.O. Box 345 Metter 30439 13-Post 2 Billy Milford Route 3 Hartwell 30643 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 152-Post 1 James C. Moore Route 2 West Green 31567 71-Post 2 John L. Mostiler 150 Meadovista Dr. Griffin 30223 69 Edwin G. (Ed) Mullinax P.O. Drawer 1649 LaGrange 30241 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 88 Sam Nicholson 1762 Davidson Dr. Augusta 30904 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 121 Clinton Oliver P.O. Box 237 Glennville 30427 86 Mike Padgett Route 1, Box 5 Augusta 30906 109 Bobby E. Parham P.O. Box 606 Milledgeville 31061 149 Robert L. (Bob) Patten Route 1, Box 180 Lakeland 31635 146-Post 1 Edmond Lewis Perry Route 2 Adel Rd. Nashville 31639 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 120 L. L. (Pete) Phillips Box 166 Soperton 30457 59 R. T. (Tom) Phillips 1703 Pounds Rd. (Mountain Park, Gwinnett Co.) Stone Mountain 30087 91 W. Randolph (Randy) Phillips Route 1 Shiloh 31826 41 Greg Pilewicz 2307 Plantation Dr. East Point 30344 100 Frank C. Pinkston 773 Mulberry St. Macon 31201 135 Howard H. Rainey 913 Third Ave. E. Cordele 31015 7 Ernest Ralston P.O. Box 623 Calhoun 30701 3 Thomas P. (Tom) Ramsey III P.O. Box 1130 Chatsworth 30705 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 147 Henry L. Reaves Route 2 Quitman 31643 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 58 Cas M. Robinson 4720 Fellswood Dr. Stone Mountain 30083 93 Charles P. Rose 3821 Commander Dr. Columbus 31903 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 119 J. Roy Rowland 103 Woodridge Rd. Dublin 31021 64 John Russell P.O. Box 588 Winder 30680 25 John Savage 69 Inman Circle N.E. Atlanta 30309 123 Albert (Al) Scott 738 E. Victory Dr. P.O. Box 1704 Savannah 31402 37 David Scott 190 Wendell Dr. S.E. Atlanta 30315 67 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 143 R. Allen Sherrod Route 1 Coolidge 31738 136 Earleen Sizemore Route 3 Sylvester 31791 152-Post 2 Tommy Smith Route 1 Alma 31510 42 Virlyn B. Smith 330 Rivertown Rd. Fairburn 30213 92 Calvin Smyre P.O. Box 181 Columbus 31902 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 46 Cathey W. Steinberg 1732 Dunwoody Place N.E., Atlanta 30324 90 David Swann 804 Camellia Rd. Augusta 30909 66-Post 2 Charles Thomas P.O. Box 686 Temple 30179 19-Post 2 Steve Thompson 4265 Bradley Dr. Austell 30001 24 Kiliaen V. R. (Kil) Townsend 1701 Northside Dr. N.W. Atlanta 30318 128 Tom Triplett P.O. Box 9586 Savannah 31402 153 James R. (Jim) Tuten, Jr. 528 Newcastle St. Brunswick 31520 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 53 Doug Vandiford 3201 Kensington Rd. Avondale Estates 30002 57 Clarence R. Vaughn, Jr. P.O. Box 410 Conyers 30207 146-Post 2 Monty Veazey P.O. Box 1572 Tifton 31794 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 115 Larry Walker P.O. Box 1234 Perry 31069 61 Vinson Wall 164 E. Oak St. Lawrenceville 30256 68 J. Crawford Ware P.O. Box 305 Hogansville 30230 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 132 John White P.O. Box 3506 Albany 31706 44 Bruce Widener P.O. Box 88866 Dunwoody 30338 48 Betty Jo Williams 2024 Castleway Dr. N.E., Atlanta 30345 54 Rev. Hosea L. Williams 8 East Lake Dr. N.E. Atlanta 30317 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 19-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 72-Post 3 Jim Wood 5676 Sequoia Dr. Forest Park 30050 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30503 56-Post 3 Ken Workman 3383 Hyland Dr. Decatur 30032

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1980-81 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 1-Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 3 Thomas P. (Tom) Ramsey III P.O. Box 1130 Chatsworth 30705 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 John G. Crawford Route 1, Box 518 Lyerly 30730 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 6-Post 2 R. L. (Shorty) 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 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 8-Post 3 Wendell T. Anderson, Sr. RFD 4 Canton 30104 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30503 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 10 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 11 Bill Dover Timbrook Hollywood 30523 12 Lauren (Bubba) McDonald, Jr. Route 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 St. Elberton 30635 14 John Adams 7 East Creekview Dr. Rome 30161 15 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 16 Ken Fuller 5 Lenox Circle Rome 30161 17 Bill Cummings Route 1, 508 Morgan Valley Rd. Rockmart 30153 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 19-Post 2 Steve Thompson 4265 Bradley Dr. Austell 30001 19-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 20-Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30061 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 21-Post 1 Fred Aiken 4020 Pineview Dr., S.E. Smyrna 30080 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 22 Mrs. Dorothy Felton 465 Tanacrest Dr. N.W. Sandy Springs 30328 23 Luther S. Colbert 495 Houze Way Roswell 30076 24 Kiliaen V. R. (Kil) Townsend 1701 Northside Dr. N.W. Atlanta 30318 25 John Savage 69 Inman Circle N.E. Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Rd., N.E. Atlanta 30324 27 Cynthia Fuller 742 Myrtle St., N.E., #9 Atlanta 30308 28 Alveda King Beal 75 Piedmont Ave., Suite 236 Atlanta 30303 29 Douglas C. Dean 356 Arthur St. S.W. Atlanta 30310 30 Paul Bolster 1043 Ormewood Ave. S.E. Atlanta 30316 31 Mrs. Grace T. Hamilton 582 University Place N.W., Atlanta 30314 32 Mildred Glover 735 Lawton St. S.W. Atlanta 30310 33 J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 34 Tyrone Brooks Station A P.O. Box 11025 Atlanta 30310 35 J. E. (Billy) McKinney 765 Shorter Terrace N.W., Atlanta 30318 36 G. D. Adams 532 St. Johns Ave. Atlanta 30315 37 David Scott 190 Wendell Dr. S.E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane, 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 Rd. Fairburn 30213 43-Post 1 Barbara H. Couch 2864 W. Roxboro Rd., N.E., Atlanta 30324 43-Post 2 Bettye Lowe 591 W. Paces Ferry Rd. N.W., Atlanta 30305 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 44 Bruce Widener P.O. Box 88866 Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place N.E., Atlanta 30324 47 Joe Burton 2598 Woodwardia Rd. N.E., Atlanta 30345 48 Betty Jo Williams 2024 Castleway Dr. N.E., Atlanta 30345 49 Ewell H. (Hank) Elliott 411 Decatur Federal Bldg. Decatur 30030 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 51 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Doug Vandiford 3201 Kensington Rd. Avondale Estates 30002 54 Rev. Hosea L. Williams 8 East Lake Dr. 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 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 56-Post 3 Ken Workman 3383 Hyland Dr. Decatur 30032 57 Clarence R. Vaughn, Jr. P.O. Box 410 Conyers 30207 58 Cas M. Robinson 4720 Fellswood Dr. Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Rd. (Mountain Park, Gwinnett Co.) Stone Mountain 30087 60 Charles Martin 470 Hill St. Buford 30518 61 Vinson Wall 164 E. Oak St. Lawrenceville 30256 62 Hugh Logan 1328 Prince Ave. Athens 30601 63 Bob Argo P.O. Box 509 Athens 30603 64 John Russell P.O. Box 588 Winder 30680 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 66-Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 66-Post 2 Charles Thomas P.O. Box 686 Temple 30179 67 J. Neal Shepard, Jr. 21 Fifth St. 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. 683 Brook Circle Griffin 30223 71-Post 2 John L. Mostiler 150 Meadovista Dr. Griffin 30223 72-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 Jim Wood 5676 Sequoia Dr. Forest Park 30050 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 73 G. Richard Chamberlin P.O. Box 378 Stockbridge 30281 74 Denny M. Dobbs 125 Hardwick Dr.-Almon Covington 30209 75 Neal Jackson 316 N. Broad St. Monroe 30655 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 78 William Bailey Jones P.O. Box 3933 Jackson 30233 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 80 Benson Ham 20 E. Main St. Forsyth 31029 81 Bob Lane 105 Wilton Dr. Statesboro 30458 82 John F. Godbee 401 Lane St. Brooklet 30415 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 Mike Padgett Route 1, Box 5 Augusta 30906 87 Jack Connell P.O. Box 308 Augusta 30903 88 Sam Nicholson 1762 Davidson Dr. Augusta 30904 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 90 David Swann 804 Camellia Rd. Augusta 30909 91 W. Randolph (Randy) Phillips Route 1 Shiloh 31826 92 Calvin Smyre P.O. Box 181 Columbus 31902 93 Charles P. Rose 3821 Commander Dr. Columbus 31903 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 P.O. Box 490 Fort Valley 31030 99 Burl Davis 740 Mulberry St. Macon 31201 100 Frank C. Pinkston 773 Mulberry St. Macon 31201 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Kenneth Wilson Birdsong Route 1 Gordon 31031 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 105 Jimmy Lord P.O. Box 254 Sandersville 31082 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 107 John David Miles P.O. Box 345 Metter 30439 108 Wilbur E. Baugh P.O. Box 926 Milledgeville 31061 109 Bobby E. 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 543 North Main St. Madison 30650 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 115 Larry Walker P.O. Box 1234 Perry 31069 116 George Hooks P.O. Box 928 Americus 31709 117 Ben Jessup P.O. Box 468 Cochran 31014 118 Terry L. Coleman P.O. Box 157 Eastman 31023 119 J. Roy Rowland 103 Woodridge Rd. Dublin 31021 120 L. L. (Pete) Phillips Box 166 Soperton 30457 121 Clinton Oliver P.O. Box 237 Glennville 30427 122 Ronald E. (Ron) Ginsberg P.O. Box 10105 14 E. State St. Savannah 31412 123 Albert (Al) Scott 738 E. Victory Dr. P.O. Box 1704 Savannah 31402 124 Lamar W. Davis, Jr. P.O. Box 1567 Savannah 31402 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 127 Bobby L. Hill 923 West 37th St. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31402 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 130 Bob Hanner Route 1 Parrott 31777 131 Tommy Chambliss P.O. Box 2008 Albany 31702 132 John White P.O. Box 3506 Albany 31706 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 134 T. Hayward (Mac) McCollum 5608 Spring Flats Rd. Albany 31705 135 Howard H. Rainey 913 Third Ave. E. Cordele 31015 136 Earleen Sizemore Route 3 Sylvester 31791 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 138-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West St. Bainbridge 31717 142 Bobby Long 6th St., N.W. Cairo 31728 143 R. Allen Sherrod Route 1 Coolidge 31738 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 146-Post 1 Edmond Lewis Perry Route 2 Adel Rd. Nashville 31639 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 Dr. Valdosta 31601 149 Robert L. (Bob) Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 151 Harry Dixon 1303 Coral Rd. 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. (Jim) Tuten, Jr. 528 Newcastle St. Brunswick 31520 154 Dean A. Auten 628 King Cotton Row Brunswick 31520

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1980 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 13 1978 25 1 24 1979 5 5 1980 22 4 18 TOTALS 897 42 47 808

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REFERENDUM ELECTIONS1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For 1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For 1406 Agn 603 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 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626

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Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For 1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For 1124 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. For 5013 (2) Co. Exec. For 2728 Co. Manager For 2733 Elbert 2117 City Court of Elberton 3- 7-56 For 4471 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 For 2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For 2144 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 For 1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For 107 Agn 58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For 463 Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For 1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 City Court of Carrollton 11- 6-56 For 1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultrie Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area vote: Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn 144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For 18,393 Agn 2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For:(a) 4,743 For:(b) 15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn 1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41, Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831

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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 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5-8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 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 For784 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

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Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For 3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For 4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2-City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For 1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5- 7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held

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Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White (Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn1629

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Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For276 Agn 522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn 2080 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 For 1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For 1894 Agn 332 Murry 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County Officerscompensation 3- 9-60 For 3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For 2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For 3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3- 2-60 For 1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For 1227 Agn 806

Page 5318

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

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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 For 1228 Agn 1361 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 Agn 1061 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 For 1737 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 5324

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For 2123 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 For 1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For 1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For 1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For 3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page 5327

Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9- 9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For 509 Agn 502 For 692 For 93 Pickens 2066 Board of County Commissioners 3- 4-64 For1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11- 3-64 For 933 Agn 863

Page 5330

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

Page 5331

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 * Tax Commissionercompensation 6-16-65 For 943 Agn 361

Page 5333

Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn- 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11-8-66 For 4842 Agn 4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For 1495 Agn 2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For 1443 Agn 1554 Wayne 3099 City of Jesup 5-25-66 For 1083 Agn 603

Page 5335

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9- 1-67 For 33 Agn 3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6- 7-67 For 663 Agn 570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135 Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11- 7-67 For 1001 Agn2317 Houston 3244 County Board of Education 11- 7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4- 3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5- 3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5- 3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9- 6-67 For 454 Agn 52 Pike 3152 County Board of Education 9- 6-67 For 441 Agn 65 Polk 2718 County Board of Education 11- 5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11- 7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5- 2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

Page 5338

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5-7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11-5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5-1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6-5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11-5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

Page 5342

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For 1600 Agn 718 Sec. 2 For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7- 2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6- 4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11- 3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11- 3-70 For 1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For 1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- 3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For 12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6- 4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7- 5-69 For 118 Agn 293

Page 5346

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11- 3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For 57 Agn 51 Bryan 3191 City of Richmond Hill 5-26-70 For 84 Agn 154 Bulloch 2790 County Board of Education 6-10-70 For 903 Agn 698 Calhoun 2361 Sheriff Personnel 4-23-70 For 121 Agn 120 Camden 3278 Tax Commissioner 11- 3-70 For648 Agn 476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For 49 Agn 114 Charlton 3270 County Board of Education 5-19-70 For 293 Agn 307 Charlton 3274 County Commissioners 5-19-70 For 272 Agn 328 Chatham 2018 Town of Thunderbolt 4-14-70 For 306 Agn 29 Chatham 2080 City of Savannah Beach-Tybee Island 4- 6-70 For 339 Agn 205 Clarke 2985 County School District Tax 11- 3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn 773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn 595 Elbert 2321 County Treasurer 11- 3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11- 3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn 350 Monroe 3030 County Board of Education 11-3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5-9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For 2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn 2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11- 3-70 For 807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

Page 5349

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 Bibb 3926 County Board of Education 11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335 Agn 1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 Agn 1,049 Gwinnett 3613 City of Duluth 6- 7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6- 7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7- 6-71 Proposed City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11- 7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11- 7-72 For 768 Agn 540 Pierce 2496 Sheriff 11- 7-72 For 813 Agn 477 Pierce 2888 County CommissionerChrm. 11- 7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10- 2-71 For 586 Agn 254 Polk 3770 City of Aragon 6- 2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6- 9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm. 6- 9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11- 7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8- 8-72 For 403 Agn 1,730 Bibb 2136 Board of Public Education 11- 2-71 For10,399 Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043

Page 5353

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election. For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 * For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sect. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 ----- ----- 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8- 8-72 * For 1,387 Agn 921 Brantley 3144 Salary increases for county officers 8- 8-72 * For 940 Agn 1,377 Brantley 3145 Salary of deputy sheriffs 8- 8-72* For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8- 8-72* For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8- 8-72* For 841 Agn 1,396 Brantley 3710 City of Nahunta 12- 5-73 Election Results not known Camden 3138 Certain county officers salary 78- 5-73 Demo. For 701 Agn 1,109 Rep. For 0 Agn 1 Camden 3705 Create Board of County Commissioners 8- 8-72* Demo. For 679 Agn 1,070 Rep. For 1 Agn 0 Camden 3714 Compensation of Tax Commissioner 8- 8-72* Demo. For 654 Agn 1,114 Rep. For 0 Agn 1 Camden 3717 County Board of Education 8- 8-72* Demo. For 683 Agn 1,050 Rep. For 1 Agn 0 Camden 3770 Small Claims Court of Camden County 8- 8-72 * Demo. For 926 Agn 801 Rep. For 1 Agn 0 Chatham 3019 Savannah-Chatham County government 4-10-73 Not held * City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5- 9-72 For20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5- 9-72 For 8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8- 8-72 * Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8- 8-72 * For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8- 8-72 * For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11- 7-72 * For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11- 7-72 * For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11- 7-72 * For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386 Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8- 8-72 * For 1,410 Agn 616 Heard 2113 Board of county commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72 * For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72 * For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72 * For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 * For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 * For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 * For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total: For 93 Agn 135 McIntosh 2852 City of Darien 11- 7-72 * Not Held Macon 2322 Board of county commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 * For 1,060 Agn 1,785 Madison 2972 Appt. of county school superintendent 11- 7-72 * For 921 Agn 2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 * For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 * For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 * For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 * For 654 Agn 608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page 5359

Georgia Laws 1973, January/February session: County Page No. SUBJECT Election Date of Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes 45 No588 Brantley 3631 City of Nahunta Election Results Not known Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6- 2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11- 6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 Marion 3827 County School Superintendent 11- 5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171 11- 5-74 ** See Below # Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

Page 5361

Georgia Laws 1974, January/February session: County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No. 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No. 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No. 883 Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No. 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6- 5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4- 9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11- 5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11- 5-74 # Yes: 434,559 No: 363,947 ***Common Day of Rest Act results tabulated infra.

Page 5363

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL 434,559 363,947

Page 5365

Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page 5366

Georgia Laws, 1975, January/February Session: County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxleycorporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525 Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11- 4-75 For: 10,601 Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962 County Board of Education 5- 4-76 * * Date of Presidential Preference Primary 5-4-76. Yes: 3,870 No: 10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary 8-10-76 Yes: 2,155 No: 527 DeKalb 2752 County Board of Education Districts-terms 5- 4-76 * For: 29,643 Agn: 41,355 Dodge 3031 County Board of Education elected 11- 4-75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739 Gordon 2719 Create Board of Commissioners for County 7- 8-75 For: 1,500 Agn: 972 Greene 4270 County Board of Education 5- 4-76 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890 ** ** This Act ruled invalid by U.S. Justice Department on August 18, 1975. Harris 2960 County Board of Education Superintendent 7- 8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7- 9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For: 17 Agn: 5 Outside Town For: 20 Agn: 31 Spalding 4352 Board of County Commissioners 11- 4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For: 209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4490 County Board of Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531 Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Municipality Yes No Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 (This election act was on a population basis and affects only Chatham County)

Page 5367

1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9- 9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

Page 5368

Georgia Laws, 1976, January/February Session: County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent. 5- 4-76 * * Date of Presidential Preference Primary Election (May 4, 1976) Proposal No. 1 389 Proposal No. 2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5- 4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment #1 5- 4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment #2 Yes: 289 No: 1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5-4 -76 * City Vote Yes: 8,149 No: 11,522 County vote Yes: 8,825 No: 16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11- 2-76 ** ** Date of November 2, 1976 General Election Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent. 11- 2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5- 4-76 * Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5- 4-76 * For: 52,761 Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5- 4-76 * Yes: 1,984 No: 1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5- 4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co. Brd. of Educationcompensation members 5- 4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of Educationcreated 5- 4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5- 4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision of Federal Court. 5- 4-76 * For: 490 Agn: 172 Long 3321 Small Claims Court created 5- 4-76 * Yes: 114 No: 527 Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * Yes: 678 No: 917 Newton 3402 Board of County Commissionersdistricts 5- 4-76 * Yes: 2,980 No: 1,387 Newton 3505 Co. Brd. of Educationelection districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School Superintendentappointed 11- 2-76 ** Yes: 1259 No: 1863 Richmond 4297 Augusta-Richmond County unified government 5- 4-76 * Yes: 11,027 No: 13,417 Proposition #1 Question #1 15,801 Question #2 6,005 Proposition #2 Question #1 9,404 Question #2 10,302 Ware 2811 County Manager 5- 4-76 * Yes: 2,194 No: 2,838 Warren 3660 Brd. Co. Commissionersmultimember board 11- 2-76 ** Yes: 802 No: 352

Page 5370

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. Yes: 151 No: 95 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 * Yes: 307 No: 587 Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1618 No: 744 Schley 2952 County Commissionersterms staggered 11- 7-78 * Yes: 160 No: 66 Schley 2955 County Board of Educationterms staggered 11- 7-78 * Yes: 167 No: 58 Stephens 3875 County Board of Educationelection 6-28-77 Yes: 1375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1158 Towns 3974 County Board of Education and County School Superintendent 2- 2-78 Yes: 1014 No: 1384 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 5371

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 (Unincorporated 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 (Civil Action File No. 18,462) Not Held 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.

Page 5373

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.

Page 5374

Referendum Election Results: Acts of the 1980 Session of the General Assembly County Page No. SUBJECT Date of Election Result Baldwin 3043 Board of Commissioners 5-13-80 Yes: 714 No: 1,194 Ben Hill 3954 Tax Commissioner 5-28-80 Yes: 614 No: 398 Chatham (City of Thunderbolt) 3653 Corporate Limits of City of Thumderbolt 5-27-80 Thunderbilt Proposition #1 Yes: 152 No: 140 Proposition #2 Yes: 109 No: 177 Macceo Island Proposition #1 Yes: 58 No: 5 Proposition #2 Bonna Bella Proposition #1 Proposition #2 Yes: 62 No: 21 Cherokee 3275 Board of Education 8-12-80 Yes: 814 No: 435 Coffee 1795 Election of School Supt. Not Held Columbia 3707 Board of Commissioners 5-7-80 Yes: 1,920 No: 1,103 Decatur 3272 Board of Ed. residency requirements 11-4-80 Yes: 2,267 No: 899 DeKalb 3996 Type of Government for Dekalb Co. 8-5-80 Type 1: 38,094 Type 2: 23,553 Douglas 4120 Board of Education 11-4-80 Yes: 3,424 No: 7,389 Effingham 3542 Board of Education 8-12-80 Yes: 430 No: 92 Gordon 3720 Board of Education Not Held Henry 3009 County Commissioners 3-11-80 Yes: 2,252 No: 1,500 Irwin 3030 Ofice of Tax Commissioner 4-8-80 Yes: 834 No: 119 Laurens 3016 Board of County Commissioners 3-11-80 Yes: 1,797 No: 1,413 Laurens 3189 Terms of Mayor Council (City of Dublin) 3-11-80 Yes: 324 No: 653 McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell (City of Pelham) 3914 Elections etc. 6-3-80 Yes: 254 No: 392 Oconee 3757 Bd. of County Commissioners 5-21-80 Yes: 585 No: 1,155 Richmond 3841 Board of Education Not Held Upson 3027 County School Superintendent 3-11-80 Yes: 604 No: 1,468 Upson 4127 Tax for Fire Protection Not Held Whitfield 4122 Corporate Limits (City of Cohutta) 5-17-80 Yes: 10 No: 0

Page 5375

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XII, Section I, Paragraph I of the Constitution of the State of Georgia of 1976, 16 general Constitutional Amendments and 121 local Constitutional Amendments were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 4, 1980; and WHEREAS: The number of votes cast for and against the ratification of the 137 Constitutional Amendments voted on in the General Election held on November 4, 1980, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Section 34-1511(f) of the Georgia Election Code provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitutional Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendments numbers 2, 3, 5, 6, 8, 9, 10, 12, 13, 17, 19, 21, 22, 23, 24, 25, 26, 27, 29, 30, 33, 34, 35, 37, 39, 40, 41, 42, 43, 44, 45, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 69, 70, 71, 72, 73, 74, 76, 77, 78, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 136 and 137 which appeared upon the 1980 General Election ballot, having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1980 General Election held on Tuesday, November 4, 1980, are a part of the Constitution of the State of Georgia of 1976. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1981. FURTHER: I do proclaim that proposed Constitutional Amendments numbers 1,

Page 5376

4, 7, 11, 14, 15, 16, 18, 20, 28, 31, 32, 36, 38, 46, 55, 66, 67, 68, 75, 79, 98, 120, 121 and 129 which appeared upon the 1980 General Election ballot, not having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1980 General Election held on Tuesday, November 4, 1980, are not a part of the Constitution of the State of Georgia of 1976. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 8th day of December, 1980. TOM PERDUE Secretary, Executive Department 1. DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT in the General Election held in this State November 4, 1980, the number of votes cast for and against the sixteen (16) General Constitutional Amendments voted on in said election are tabulated on the three typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 19th day of November, in the year of our Lord One Thousand Nine Hundred and Eighty and of the Independence of the United States of America the Two Hundred and Fifth.

Page 5377

GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 4, 1980 YES NO 1. Res. Act 157 S. R. 282 (Ga. L. 1980, P. 2027) Shall the Constitution be amended so as to provide that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when reviewing and approving county tangible property tax digests? 441,802 598,560 2. Res. Act 159 S. R. 291 (Ga. L. 1980, P. 2032) Shall the Constitution be amended so as to provide that general obligation debt may be incurred to provide educational facilities for county and independent school systems and to provide that, when the construction of such facilities has been completed, the title to such facilities shall be vested in the respective local boards of education? 551,884 480,798 3. Res. Act 160 S. R. 307 (Ga. L. 1980, P. 2033) Shall the Constitution be amended so as to provide that the State Board of Education shall establish a program whereby certificated teachers of Georgia may be reimbursed for tuition costs for attending colleges or universities in Georgia to maintain their certification, subject to certain limitations and requirements? 619,916 483,367 4. Res. Act 179 H. R. 480-1260 (Ga. L. 1980, P. 2108) Shall the Constitution be amended so as to authorize the General Assembly to exercise the power of taxation over the entire state for the purpose of purchasing uniforms used by public schools? 193,863 869,076 5. Res. Act 169 H. R. 41-124 (Ga. L. 1980, P. 2087) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund and to provide that no formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired? 625,415 422,388 6. Res. Act 204 H. R. 459-1190 (Ga. L. 1980, P. 2166) Shall the Constitution be amended so as to authorize the State to provide an indemnification of up to $50,000 for law enforcement officers, firemen, and prison guards permanently disabled in the line of duty? 990,627 305,672 7. Res. Act 170 H. R. 313-1031 (Ga. L. 1980, P. 2089) Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political subdivisions to establish and maintain more effective redevelopment programs, to provide for exemptions from state, county or municipal ad valorem taxation on property located within a redevelopment area, and to provide for other matters relative thereto? 451,821 546,357 8. Res. Act 183 H. R. 526-1383 (Ga. L. 1980, P. 2114) Shall the Constitution be amended so as to increase the income exclusion on homestead exemptions for the elderly to $8,000.00? 956,519 182,088 9. Res. Act 156 S. R. 280 (Ga. L. 1980, P. 2026) Shall the Constitution be amended so as to grant jurisdiction to the recorder's, mayor's, or police courts of any municipality to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana? 689,323 373,206 10. Res. Act 176 H. R. 471-1232 (Ga. L. 1980, P. 2103) Shall the Constitution be amended so as to permit the court, without a jury, to render default judgments in tort actions? 536,052 456,485 11. Res. Act 177 H. R. 472-1232 (Ga. L. 1980, P. 2105) Shall the Constitution be amended so as to authorize any county or municipality of this State to establish an employees' suggestions and awards program to reward meritorious service and to authorize such political subdivisions to expend public funds for such purposes? 413,898 591,150 12. Res. Act 209 H. R. 483-1270 (Ga. L. 1980, P. 2174) Shall the Constitution be amended so as to provide that the venue of juvenile court cases may be determined by reference to the Juvenile Court Code of Georgia? 680,864 311,322 13. Res. Act 222 H. R. 563-1500 (Ga. L. 1980, P. 2203) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the taxation of life insurance companies on the basis of gross direct premiums received within the unincorporated areas of counties and, in connection therewith, to authorize the reduction of ad valorem taxes within the unincorporated areas of counties? 595,893 418,204 14. Res. Act 154 S. R. 247 (Ga. L. 1980, P. 2010) Shall the Constitution be amended so as to create a body corporate and politic and as an instrumentality of the State of Georgia to be known as the Gwinnett Judicial Building Authority? 337,186 558,563 15. Res. Act 172 H. R. 430-1103 (Ga. L. 1980 P. 2094) Shall the Constitution be amended so as to provide that certain property located within any county of this State having a population of 600,000 or more, according to the United States decennial census of 1970 or any future such census, which is owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth shall be exempted from all State, county, municipal, and school taxation, including such taxation to pay interest on and retire bonded indebtedness? 435,851 537,519 16. Res. Act 234 H. R. 631-1630 (Ga. L. 1980, P. 2232) Shall the Constitution be amended so as to create the Rockdale County Public Facilities Authority, to provide for the powers, authorities, and duties of such authority, to authorize such authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, to authorize the authority to contract with Rockdale County and other public bodies, and to authorize Rockdale County to contract with the authority for the use by said county or its residents of any facilities or services of the authority? 375,615 491,317

Page 5380

I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached twenty-six pages of typewritten matter constitute a true and correct copy of the votes cast in this State in the General Election held November 4, 1980, for and against Local Constitutional Amendments numbers seventeen (17) through one hundred thirty-seven (137); all as same appear of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 5th day of December, in the year of our Lord One Thousand Nine Hundred and Eighty and of the Independence of the United States of America the Two Hundred and Fifth. DAVID B. POYTHRESS Secretary of State LOCAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 4, 1980 YES NO 17. Res. Act 181 H. R. 511-1346 (Ga. L. 1980, P. 2111) APPLING COUNTY 1,921 1,387 Shall the Constitution be amended so as to increase the amount of the homestead of each resident of Appling County, which is exempt from county taxes, from $2,000.00 to $10,000.00? 18. Res. Act 184 H. R. 560-1478 (Ga. L. 1980, p. 2118) APPLING COUNTY 931 2,028 Shall the Constitution be amended so as to authorize 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? 19. Res. Act 253 H. R. 772-1805 (Ga. L. 1980, P. 2292) ATKINSON COUNTY Atkinson County School Dist. 507 313 Shall the Constitution be amended so as to provide that each resident of the Atkinson County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all Atkinson County School District ad valorem taxes? 20. Res. Act 18 S. R. 18 (Ga. L. 1979, P. 1790) BALDWIN COUNTY 1,567 5,109 Shall the Constitution be amended so as to provide that the Board of Commissioners of Baldwin County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated area of Baldwin County? 21. Res. Act 40 H. R. 239-848 (Ga. L. 1979, P. 1843) BANKS COUNTY 1,650 689 Shall the Constitution be amended so as to provide that the Board of Commissioners of Banks County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Banks County? 22. Res. Act 200 H. R. 450-1145 (Ga. L. 1980, P. 2159) BANKS COUNTY 1,401 856 Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the peace in Banks County from $200.00 to $500.00? 23. Res. Act 25 H. R. 21-75 (Ga. L. 1979, P. 1805) BARROW COUNTY 2,186 1,556 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Barrow County shall have jurisdiction from $200.00 to $750.00? 24. Res. Act 213 H. R. 519-1361 (Ga. L. 1980, P. 2184) BARTOW COUNTY 4,288 2,452 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Bartow County shall have jurisdiction to $1,000.00? 25. Res. Act 251 H. R. 758-1796 (Ga. L. 1980, P. 2288) BARTOW COUNTY Bartow County School District 4,326 1,234 Shall the Constitution be amended so as to provide that each resident of the Bartow County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence? 26. Res. Act 229 H. R. 582-1582 (Ga. L. 1980, P. 2219) BEN HILL COUNTY 2,026 587 Ben Hill Co. School District 676 188 Shall the Constitution be amended so as to increase the amount of each homestead of each resident of Ben Hill County, which is exempt from county and school taxes, to $6,000.00 and so as to increase to $12,000.00 the amount of the homestead which is exempt from county and school taxes of each resident of Ben Hill County who is sixty-five years of age or over and whose income does not exceed $4,000.00? 27. Res. Act 171 H. R. 429-1103 (Ga. L. 1980, P. 2092) BIBB COUNTY AND JONES COUNTY City of Macon (Bibb County) 8,045 7,741 City of Macon (Jones County) 7 5 Shall the Constitution be amended so as to permit improved residential property within a community development or renewal project to be assessed for City of Macon ad valorem taxation for a limited period of time at a tax rate which is less than the rate which applies to other property? 28. Res. Act 173 H. R. 434-1103 (Ga. L. 1980, P. 2096) BIBB COUNTY 10,785 10,934 Shall the Constitution be amended so as to permit improved residential property within a community development or renewal project to be assessed for Bibb County ad valorem taxation for a limited period of time at a tax rate which is less than the rate which applies to other property? 29. Res. Act 190 H. R. 668-1666 (Ga. L. 1980, P. 2128) BIBB COUNTY AND JONES COUNTY Bibb County 9,510 8,987 City of Macon (Bibb County) 7,160 6,230 City of Macon (Jones County) 5 4 Shall the Constitution be amended so as to authorize the Macon-Bibb County Urban Development Authority to issue its revenue bonds, notes or other obligations for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving lands, buildings, and facilities of any kind for use by any industrial, commercial, business, civic, educational, agricultural or other enterprise, public or private, upon a determination by the governing body of the Authority that such undertaking will further the development and redevelopment for the public good of urban, central city and downtown areas located within Bibb County; to empower said Authority to extend credit or make loans to any enterprise for the purpose of financing undertakings for the purposes described herein, subject to such terms as the Authority may deem necessary or desirable; to provide that bonds, notes or other obligations issued and contracts entered into by said Authority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that said amendment is self-enacting and shall not require any enabling legislation for it to become effective, but to authorize the General Assembly to amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority to make it more perfectly reflect the purposes, terms and provisions thereof, to further define the purposes of the Macon-Bibb County Urban Development Authority, to further define, prescribe and enlarge the powers and duties of said Authority (and of the County of Bibb and the City of Macon as the same relate to the Authority and its undertakings) and the exercise thereof, to further regulate the management and conduct of said Authority, and to otherwise amend said Act in any manner not inconsistent with the provisions of the Amendment now proposed as the General Assembly deems appropriate; and to ratify and confirm all amendments to said Act heretofore enacted by the General Assembly? 30. Res. 191 H. R. 674-1686 (Ga. L. 1980, P. 2133) BIBB COUNTY 17,927 6,047 Shall the Constitution be amended so as to provide that the Bibb County homestead exemption from taxes levied for county and school purposes shall be increased to $5,000.00 in 1981, $6,000.00 in 1982, and $7,000.00 in 1983 and thereafter? 31. Res. Act 241 H. R. 676-1686 (Ga. L. 1980, P. 2261) BRANTLEY COUNTY 580 828 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace of Brantley County shall have jurisdiction from $200.00 to $2,000.00? 32. Res. Act 36 H. R. 148-522 (Ga. L. 1979, P. 1830) BRYAN COUNTY 672 879 Shall the Constitution be amended so as to change the requirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for developing and promoting industry and pay the funds derived to the Bryan County Industrial Development Authority by authorizing the governing authority of Bryan County to levy and collect an annual ad valorem tax not to exceed two mills for such purposes? 33. Res. Act 39 H. R. 230-819 (Ga. L. 1979, P. 1841) BULLOCH COUNTY City of Statesboro-Bulloch Co. 1,808 906 Shall the Constitution be amended so as to provide for the establishment of a Downtown Statesboro Development Authority and to provide for the powers, duties and responsibilities of said Authority? 34. Res. Act 42 H. R. 256-969 (Ga. L. 1979, P. 1846) BURKE COUNTY 1,465 944 Burke County School District 1,465 944 Shall the Constitution be amended so as to provide requirements relative to setting the ad valorem tax millage rates for educational and county government purposes by the Board of Education and the Board of County Commissioners of Burke County? 35. Res. Act 264 H. R. 827-1887 (Ga. L. 1980, P. 2333) BUTTS COUNTY Butts County School District 1,978 746 Shall the Constitution be amended so as to redefine that homestead property which is exempt from Butts County school taxes because owned by an individual 62 years of age or older whose income is within certain limits to include not more than $12,000.00 of the assessed value thereof? 36. Res. Act 196 H. R. 726-1743 (Ga. L. 1980, P. 2150) CAMDEN COUNTY City of St. Marys (Camden Co.) 204 355 Shall the Constitution be amended so as to provide that the members of the Hospital Authority of the City of St. Marys shall serve at the pleasure of the governing authority of the City of St. Marys? 37. Res. Act 240 H. R. 669-1672 (Ga. L. 1980, P. 2260) CAMDEN COUNTY City of St. Marys (Camden Co.) 500 77 Shall the Constitution be amended so as to provide an $8,000.00 homestead exemption from city taxes for elderly residents of the City of St. Marys; to provide a $10,000.00 income limitation, exclusive of certain benefits, required for the exemption; and to provide that, once granted the exemption, an owner need not reapply every year? 38. Res. Act 198 H. R. 731-1753 (Ga. L. 1980, P. 2154) CATOOSA COUNTY 1,792 4,527 Shall the Constitution be amended so as to change the compensation of the members of the Board of Tax Administrators for Catoosa County from $15.00 per day for each day of actual service plus actual expenses to $100.00 for the first meeting of every month and $50.00 for the second meeting of every month: provided, however, that said board may meet a greater number than two times in any given month but shall not receive additional compensation for those extra meetings and be further amended so as to provide that the grand jury of Catoosa County will appoint a qualified individual to fill any vacancy which may occur on said board until a successor may be chosen at the next general or primary election? 39. Res. Act 255 H. R. 774-1805 (Ga. L. 1980, P. 2297) CHARLTON COUNTY Charlton County School Dist. 671 270 Shall the Constitution be amended so as to provide that each resident of the Charlton County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all Charlton County School District ad valorem taxes? 40. Res. Act 199 H. R. 831-1900 (Ga. L. 1980, P. 2158) CHATHAM COUNTY 19,749 14,963 City of Savannah (Chatham County) 15,011 6,413 Shall the Constitution be amended so as to provide for a countywide vote in Chatham County on any local Act consolidating the governments of Chatham County and creating a new successor countywide government? 41. Res. Act 225 H. R. 569-1529 (Ga. L. 1980, P. 2209) CHATHAM COUNTY 23,161 7,326 Shall the Constitution be amended so as to vest jurisdiction in the Recorder's Court of Chatham County to entertain pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury? 42. Res. Act 219 H. R. 544-1416 (Ga. L. 1980, P. 2198) CHATTOOGA COUNTY Town of Trion (Chattooga Co.) 489 36 Shall the Constitution be amended so as to provide that residents of the Town of Trion who are 65 years of age or older shall be granted an exemption of $2,000.00 which may be increased to not more than $4,000.00 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on their homestead from all ad valorem taxation? 43. Res. Act 44 H. R. 284-998 (Ga. L. 1979, P. 1852) CHEROKEE COUNTY Cherokee Co. School District 7,540 1,987 Shall the Constitution be amended so as to provide that each resident of the Cherokee County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence? 44. Res. Act 259 H. R. 781-1830 (Ga. L. 1980, P. 2305) CLARKE COUNTY 8,949 4,613 Shall the Constitution be amended so as to authorize the board of commissioners of Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County paid in whole or in part by county funds, other than elected or certain appointed officials? 45. Res. Act 29 H. R. 39-121 (Ga. L. 1979, P. 1812) CLAYTON COUNTY Clayton County School District 25,511 5,988 Shall the Constitution be amended so as to provide that each resident of the Clayton County School District who is 62 years of age or over and who has a gross income from all sources, including the income of members of his family residing with him, not exceeding $10,000.00 per annum shall be granted a homestead exemption of $10,000.00 of the assessed value of such homestead from all ad valorem taxes levied for educational purposes by or on behald of the Clayton County School System, including taxes to retire school bond indebtedness? 46. Res. Act 252 H. R. 771-1805 (Ga. L. 1980, P. 2290) CLAYTON COUNTY 11,529 16,642 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of the Clayton County Business and Industrial Authority and to provide for its purposes, powers, and duties and to authorize the General Assembly to provide by law for the exercise of the powers of taxation within Clayton County and within special districts created within such county and for the expenditure of public funds derived therefrom in connection with the creation and operation of such Authority? 47. Res. Act 261 H. R. 807-1870 (Ga. L. 1980, P. 2310) CLAYTON COUNTY 26,559 4,900 Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of Clayton County in an amount of $4,000.00 and to provide for a homestead exemption in the amount of $8,000.00 for resident homeowners of Clayton County who are 65 years of age or older, whose net income, together with the net income of his or her spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, does not exceed $4,000.00 per annum? 48. Res. Act 254 H. R. 773-1805 (Ga. L. 1980, P. 2295) CLINCH COUNTY Clinch County School District 670 165 Shall the Constitution be amended so as to provide that each resident of the Clinch County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all Clinch County School District ad valorem taxes? 49. Res. Act 41 H. R. 241-859 (Ga. L. 1979, P. 1844) COBB COUNTY City of Smyrna (Cobb County) 3,769 803 Shall the Constitution be amended so as to authorize the Mayor and Council of the City of Smyrna to exempt from certain ad valorem taxes an amount not to exceed $4,000.00 of the value of the homestead of certain residents of the City of Smyrna who are at least sixty-five years of age and who have been residents of the City for a period of not less than three years? 50. Res. Act 161 S. R. 318 (Ga. L. 1980, P. 2035) COBB COUNTY City of Powder Springs (Cobb County) 294 276 Shall the Constitution be amended so as to provide for the establishment of a Powder Springs Downtown Development Authority and to provide for the powers, duties, and responsibilities of said authority? 51. Res. Act 174 H. R. 460-1190 (Ga. L. 1980, P. 2098) COBB COUNTY 34,000 10,107 Cobb County School District 31,706 9,523 Shall the Constitution be amended so as to provide for a homestead exemption of $12,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year? 52. Res. Act 186 H. R. 596-1603 (Ga. L. 1980, P. 2121) COBB COUNTY AND DOUGLAS COUNTY City of Austell (Cobb County) 219 43 City of Austell (Douglas County) 1 1 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing authority of the city at not more than $1,000.00 from all City of Austell ad valorem taxes? 53. Res. Act 187 H. R. 622-1614 (Ga. L. 1980, P. 2123) COBB COUNTY Marietta School District (Cobb County) 2,400 535 Shall the Constitution be amended so as to exempt from school taxation in the City of Marietta the homestead of each resident of the city 62 years of age or older? 54. Res. Act 192 H. R. 681-1706 (Ga. L. 1980, P. 2134) COBB COUNTY City of Acworth (Cobb County) 385 223 Shall the Constitution be amended so as to provide for the establishment of a Acworth Downtown Development Authority and to provide for the powers, duties, and responsibilities of said authority? 55. Res. Act 189 H. R. 636-1641 (Ga. L. 1980, P. 2127) COLQUITT COUNTY 3,202 2,779 Colquitt County School District 3,202 2,779 All Cities Within Colquitt Co: City of Moultrie 1,877 1,953 City of Norman Park 143 78 City of Funston 143 85 City of Doerun 108 118 City of Ellenton 128 53 City of Berlin 102 60 Shall the Constitution be amended so as to authorize the General Assembly to allocate the proceeds of the local option sales tax to the Colquitt County School System and to reduce the mill rate limitation on school taxes by the amount of local sales tax proceeds? 56. Res. Act 30 H. R. 51-193 (Ga. L. 1979, P. 1815) COLUMBIA COUNTY Columbia County School District 6,898 1,346 Shall the Constitution be amended so as to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system? 57. Res. Act 23 H. R. 11-35 (Ga. L. 1979, P. 1801) CRISP COUNTY 1,640 1,181 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Crisp County shall have jurisdiction to $1,000.00? 58. Res. Act 26 H. R. 23-83 (Ga. L. 1979, P. 1806) DECATUR COUNTY City of Bainbridge (Decatur County) 958 740 Shall the Constitution be amended so as to provide for the establishment of a Downtown Bainbridge Development Authority and to provide for the powers, duties and responsibilities of said Authority? 59. Res. Act 175 H. R. 470-1232 (Ga. L. 1980, P. 2102) DEKALB COUNTY City of Doraville (DeKalb County) 1,601 343 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city? 60. Res. Act 178 H. R. 473-1238 (Ga. L. 1980, P. 2106) DEKALB COUNTY 101,660 27,909 Shall the Constitution be amended 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? 61. Res. Act 188 H. R. 624-1616 (Ga. L. 1980, P. 2125) DEKALB COUNTY AND FULTON COUNTY DeKalb County 92,957 31,136 City of Atlanta (DeKalb Co.) 3,214 1,150 City of Atlanta (Fulton Co.) 43,524 19,932 Shall the Constitution be amended so as to grant jurisdiction to the Recorder's Court of DeKalb County to try and dispose of all offenses and offenders against any ordinance of DeKalb County controlling animals, including such offenses which occur within that portion of the corporate limits of the City of Atlanta lying within DeKalb County? 62. Res. Act 218 H. R. 543-1416 (Ga. L. 1980, P. 2196) DEKALB COUNTY City of Decatur (DeKalb County) 4,287 751 Shall the Constitution be amended so as to authorize the City of Decatur to permit residents who are 65 or over to defer payment of a portion of their city ad valorem taxes? 63. Res. Act 21 H. R. 9-35 (Ga. L. 1979, P. 1796) DOOLY COUNTY 724 566 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Dooly County shall have jurisdiction to $1,000.00? 64. Res. Act 265 H. R. 828-1891 (Ga. L. 1980, P. 2337) DOUGHERTY COUNTY City of Albany (Dougherty County) 8,203 5,314 Shall the Constitution be amended so as to abolish the Central Albany Development Authority? 65. Res. Act 27 H. R. 37-121 (Ga. L. 1979, P. 1808) DOUGLAS COUNTY Douglas County School District 9,038 2,752 Shall the Constitution be amended so as to provide that the homestead of each resident of the Douglas County School District who is 65 years of age or over, regardless of income, shall be exempt from ad valorem taxation for educational purposes levied by or on behalf of the Douglas County School District, including ad valorem taxation to pay interest on or to retire school bond indebtedness, in the amount of 50% of the assessed value of such homestead minus any applicable exemptions otherwise provided by this Constitution on such homestead for educational purposes, and to provide that the homestead of each resident of the Douglas County School District who is 70 years of age or over, regardless of income, shall be completely exempt from all ad valorem taxation for educational purposes levied by or on behalf of the Douglas County School District, including ad valorem taxation to pay interest on or to retire school bond indebtedness? 66. Res. Act 194 H. R. 724-1743 (Ga. L. 1980, P. 2146) DOUGLAS COUNTY 5,112 5,792 Shall the Constitution be amended so as to empower the board of commissioners of Douglas County to adopt ordinances or regulations for the governing and policing of said county and to authorize the board of commissioners of said county to license and regulate businesses and to levy and collect license taxes on all persons, firms, and corporations doing business in the unincorporated areas of said county? 67. Res. Act 195 H. R. 725-1743 (Ga. L. 1980, P. 2148) DOUGLAS COUNTY 4,386 6,585 Shall the Constitution be amended so as to exempt from ad valorem property taxes levied by Douglas County a percentage of the value of all buildings and other improvements of each manufacturing or distribution establishment located in Douglas County, provided such establishment has buildings and other improvements of $500,000.00 or more? 68. Res. Act 232 H. R. 623-1616 (Ga. L. 1980, P. 2225) FAYETTE COUNTY 3,080 6,745 Shall the Constitution be amended so as to authorize the governing authority of the County of Fayette to appropriate property, money, and services, not to exceed $15,000.00 per year, for the purpose of advertising and promoting the agricultural, industrial, historic, recreational, and natural resources, facilities, and assets of Fayette County for the purpose of promoting and encouraging the locating and expansion of industrial and commercial facilities and for the purpose of attracting tourists and conventions to said County? 69. Res. Act 32 H. R. 127-510 (Ga. L. 1979, P. 1819) FLOYD COUNTY 12,541 3,818 Shall the Constitution be amended so as to provide that certain homestead exemptions from Floyd County ad valorem taxes for certain persons sixty-five years of age or over may be granted to both spouses although only one meets the age requirement? 70. Res. Act 33 H. R. 128-510 (Ga. L. 1979, P. 1822) FLOYD COUNTY Floyd County School District 8,217 2,864 Shall the Constitution be amended so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Floyd County School District; to require only one affidavit be filed in certain circumstances; and to provide for exemptions when one spouse meets the age requirement and the other does not? 71. Res. Act 34 H. R. 129-510 (Ga. L. 1979, P. 1825) FLOYD COUNTY Rome School District (Floyd County) 4,852 1,286 Shall the Constitution be amended so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Rome; to require only one affidavit be filed in certain circumstances; and to provide for exemptions when one spouse meets the age requirement and the other does not? 72. Res. Act 210 H. R. 492-1291 (Ga. L. 1980, P. 2176) FLOYD COUNTY 8,906 6,318 Shall the Constitution be amended so as to increase the maximum dollar amount for civil cases over which the justices of the peace in Floyd County shall have jurisdiction from $200.00 to $500.00 and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed $1,000.00? 73. Res. Act 220 H. R. 551-1437 (Ga. L. 1980, P. 2200) FLOYD COUNTY 7,964 6,848 Shall the Constitution be amended so as to authorize the General Assembly to provide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County, to provide for the terms of said judge and to shorten the term of such judge in office immediately prior to the effective date of this amendment, to provide for vacancies, to provide for the aqualifications and compensation of said judge, and to provide that said judge may serve full time or part time? 74. Res. Act 221 H. R. 552-1437 (Ga. L. 1980, P. 2202) FLOYD COUNTY 9,687 5,795 Shall the Constitution be amended so as to authorize the General Assembly by local law to stagger the terms of the commissioners of Floyd County and in so doing to shorten the terms of any such commissioners in office in 1981 without the necessity of a referendum and to provide for terms of less than four years? 75. Res. Act 35 H. R. 130-510 (Ga. L. 1979, P. 1828) FORSYTH COUNTY 3,042 3,108 Shall the Constitution be amended so as to authorize the Board of Commissioners of Forsyth County to levy, assess, and collect business license fees and to otherwise regulate businesses in the unincorporated areas of the county? 76. Res. Act 22 H. R. 10-35 (Ga. L. 1979, P. 1797) DEKALB COUNTY AND FULTON COUNTY City of Atlanta (DeKalb Co.) 2,235 1,852 City of Atlanta (Fulton Co.) 43,864 29,774 Fulton County 79,267 54,101 Fulton County School District 35,403 24,327 Shall the Constitution be amended so as to create within Fulton County the Fulton County Industrial District and to prohibit the governing authority of Fulton County from levying any tax for educational purposes on taxable property within Fulton County which is located within the boundaries of an independent school system? 77. Res. Act 163 S. R. 314 (Ga. L. 1980, P. 2048) FULTON COUNTY 71,302 56,912 Shall the Constitution be amended so as to authorize the General Assembly to control or limit by local law the provision of public safety services by the governing authority of Fulton County and create districts within Fulton County and control or limit Fulton County ad valorem taxes within and without such districts to the end that Fulton County shall levy and collect ad valorem taxes to provide public safety services only within the area or areas of Fulton County where such services are directly provided by the governing authority of said county? 78. Res. Act 166 S. R. 342 (Ga. L. 1980, P. 2053) FULTON COUNTY 68,400 63,302 Shall the Constitution be amended so as to authorize and direct the governing authority of Fulton County to establish rules and regulations to provide an increase of $100.00 per month for certain former officers and employees of Fulton County who retired prior to January 1, 1964? 79. Res. Act 167 S. R. 343 (Ga. L. 1980, P. 2055) FULTON COUNTY City of Hapeville (Fulton County) 805 817 Shall the Constitution be amended so as to create the Hapeville Development Authority and to provide for the powers, duties, and responsibilities of said Authority; and to authorize the City of Hapeville to contract with said Authority, to create special tax districts and levy taxes therein, and to levy taxes within the municipality and expend the same as payments pursuant to contractual agreements which may arise between the City of Hapeville and said Authority? 80. Res. Act 168 S. R. 348 (Ga. L. 1980, P. 2071) CLAYTON COUNTY AND FULTON COUNTY City of College Park (Clayton County) 273 218 City of College Park (Fulton County) 2,365 1,288 Shall the Constitution be amended so as to create the College Park Business and Industrial Development Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue revenue bonds, and to authorize the Authority to contract with the State of Georgia or any of its departments or instrumentalities, public corporations and others and to authorize the City of College Park to contract with the Authority and to authorize the City of College Park to make payments to the Authority upon such terms as may be provided in any contract entered into between the Authority and the City of College Park and to authorize the City of College Park to create special business and industrial tax districts? 81. Res. Act 182 H. R. 517-1361 (Ga. L. 1980, P. 2112) DEKALB COUNTY AND FULTON COUNTY City of Atlanta (DeKalb Co.) 2,904 1,622 City of Atlanta (Fulton Co.) 48,735 26,345 Shall the Constitution be amended so as to authorize the City of Atlanta to issue and sell revenue bond for the purpose of constructing and maintaining off-street parking facilities? 82. Res. Act 193 H. R. 684-1706 (Ga. L. 1980, P. 2144) CLAYTON COUNTY AND FULTON COUNTY City of College Park (Clayton County) 456 78 City of College Park (Fulton County) 3,303 650 Shall the Constitution be amended so as to increase the homestead exemptions for resident homeowners of the City of College Park to an amount of four thousand dollars ($4,000.00) for resident homeowners under the age of 65 and to an amount of six thousand dollars ($6,000.00) for resident homeowners who are totally disabled or are 65 years of age or older? 83. Res. Act 245 H. R. 683-1706 (Ga. L. 1980, P. 2271) FULTON COUNTY City of Union City (Fulton County) 832 159 Shall the Constitution be amended so as to provide a homestead exemption of $2,000.00 from all city ad valorem taxes for each resident of Union City who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $8,000.00 for the immediately preceding tax year for income tax purposes? 84. Res. Act 43 H. R. 283-997 (Ga. L. 1979, P. 1849) GLYNN COUNTY 8,308 3,120 Glynn County School District 8,308 3,120 Shall the Constitution be amended so as to provide for the purposes of all ad valorem taxation for Glynn County and the Glynn County school district the assessed value of the homestead of each resident of such county or school district who is sixty-two years of age or over or who is disabled and who has a gross income not exceeding $12,000.00 per annum shall not be increased? 85. Res. Act 235 H. R. 634-1636 (Ga. L. 1980, P. 2247) GORDON COUNTY Gordon County School District 2,567 1,391 Shall the Constitution be amended so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the Gordon County school district, `income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act? 86. Res. Act 236 H. R. 635-1636 (Ga. L. 1980, P. 2250) GORDON COUNTY Calhoun School District (Gordon County) 844 243 Shall the Constitution be amended so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Calhoun, Georgia, `income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act? 87. Res. Act 248 H. R. 754-1776 (Ga. L. 1980, P. 2280) HABERSHAM COUNTY 2,852 2,040 Habersham Co. School District 2,852 2,040 Shall the Constitution be amended so as to authorize the Board of Education of Habersham County to direct the governing authority of Habersham County to impose certain excise taxes on alcoholic beverages sold within all parts of Habersham County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Habersham County school district? 88. Res. Act 249 H. R. 755-1776 (Ga. L. 1980, P. 2283) HABERSHAM COUNTY Habersham Co. School Dist. 3,680 1,216 Shall the Constitution be amended so as to exempt from Habersham County school taxes the value of a homestead owned by an individual who is totally disabled or 65 years of age or older and has an annual income of not more than $12,000 exclusive of retirement benefits? 89. Res. Act 155 S. R. 248 (Ga. L. 1980, P. 2024) HALL COUNTY City of Gainesville (Hall County) 2,413 1,327 Shall the Constitution be amended so as to provide constitutional authority for the establishment of a Gainesville Redevelopment Authority and to provide for the powers, duties, and responsibilities of the authority? 90. Res. Act 233 H. R. 625-1617 (Ga. L. 1980, P. 2227) HALL COUNTY 6,931 6,357 Shall the Constitution be amended so as to create a board of elections in Hall County? 91. Res. Act 238 H. R. 644-1666 (Ga. L. 1980, P. 2255) HENRY COUNTY 6,695 1,778 Shall the Constitution be amended so as to increase the special homestead exemption for the elderly from Henry County ad valorem taxes to $6,000.00 and to extend the exemption to persons whose adjusted family income is $6,000.00, rather than $4,000.00, a year? 92. Res. Act 239 H. R. 645-1666 (Ga. L. 1980, P. 2257) HENRY COUNTY Henry County School District 6,347 2,450 Shall the Constitution be amended so as to increase the special homestead exemption for the elderly from ad valorem taxes for educational purposes in Henry County to $20,000.00 and to extend the exemption to persons whose adjusted family income is $12,000.00, rather than $6,000.00, a year? 93. Res. Act 258 H. R. 778-1823 (Ga. L. 1980, P. 2303) HENRY COUNTY 5,248 3,457 Shall the Constitution be amended so as to authorize and empower the governing authority of Henry County to adopt ordinances or regulations, including traffic and animal control regulations, for the governing and policing of the unincorporated areas of said county and to enact punishment or penalties for the violation of such ordinances? 94. Res. Act 197 H. R. 729-1753 (Ga. L. 1980, P. 2151) HOUSTON COUNTY City of Perry (Houston Co.) 1,546 305 Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all City of Perry ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his or her adjusted gross income, together with the adjusted gross income of his or her spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits? 95. Res. Act 203 H. R. 458-1171 (Ga. L. 1980, P. 2163) HOUSTON COUNTY 11,148 3,899 Houston Co. School District 11,148 3,899 Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Houston County and Houston County School District ad valorem taxes for each resident of Houston County who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits? 96. Res. Act 247 H. R. 730-1753 (Ga. L. 1980, P. 2276) JACKSON COUNTY Jackson County School Dist. 2,380 897 Shall the Constitution be amended so as to provide for the division of the Jackson County School District into education districts in order to provide for the election of the members of the Board of Education of Jackson County and to provide for the appointment of the Superintendent of the Jackson County School System by said Board of Education? 97. Res. Act 230 H. R. 587-1593 (Ga. L. 1980 P. 2221) LIBERTY COUNTY 1,373 529 City of Hinesville (Liberty County) 788 242 Shall the Constitution be amended so as to change the provisions relating to the membership of the Liberty County Industrial Authority? 98. Res. Act 201 H. R. 453-1145 (Ga. L. 1980, P. 2160) LOWNDES COUNTY 4,359 4,710 Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the peace in Lowndes County from $200.00 to $1,000.00? 99. Res. Act 224 H. R. 568-1523 (Ga. L. 1980, P. 2207) LOWNDES COUNTY 8,249 1,649 Lowndes Co. School District 3,643 754 Shall the Constitution be amended so as to provide that the homestead of each resident of Lowndes County, but not to exceed $6,000.00 of the value thereof, and the homestead of each resident of Lowndes County who is 65 years of age or over, but not to exceed $10,000.00 of the value thereof, shall be exempt from all ad valorem taxes for county and school purposes, except to pay interest on and retire bonded indebtedness? 100. Res. Act 246 H. R. 728-1753 (Ga. L. 1980, P. 2273) LOWNDES COUNTY City of Valdosta (Lowndes Co.) 4,365 842 Valdosta School District (Lowndes Co.) 4,365 842 Shall the Constitution be amended so as to provide that the homestead of each resident of the City of Valdosta, but not to exceed $6,000.00 of the value thereof, and the homestead of each resident of the City of Valdosta who is 65 years of age or over, but not to exceed $10,000.00 of the value thereof, shall be exempt from all ad valorem taxes for city and school purposes, except to pay interest on and retire bonded indebtedness? 101. Res. Act 266 H. R. 864-1901 (Ga. L. 1980, P. 2338) MARION COUNTY Marion County School District 590 155 Shall the Constitution be amended so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Marion County School District? 102. Res. Act 228 H. R. 581-1570 (Ga. L. 1980, P. 2216) MONROE COUNTY 2,415 477 Shall the Constitution be amended so as to increase the amount of each homestead of each resident of Monroe County which is exempt from county and school taxes to $6,000.00 and so as to increase to $10,000.00 the amount of the homestead which is exempt from county and school taxes of each resident of Monroe County who is sixty-five years of age or over and whose income does not exceed $10,000.00? 103. Res. Act 164 S. R. 332 (Ga. L. 1980, P. 2050) MURRAY COUNTY 2,091 575 Shall the Constitution be amended so as to increase to $6,000.00 the amount of the homestead exemption from county taxes for residents of Murray County who are 65 years of age or over? 104. Res. Act 208 H. R. 481-1260 (Ga. L. 1980, P. 2173) MURRAY COUNTY 1,334 1,003 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Murray County shall have jurisdiction from $200.00 to $1,000.00? 105. Res. Act 153 S. R. 227 (Ga. L. 1980, P. 2009) MUSCOGEE COUNTY 19,174 11,092 Muscogee County School District 19,174 11,092 Shall the Constitution be amended so as to provide for automatic changes of homestead exemptions granted in Muscogee County for county and school purposes based upon changes in the county tax digest? 106. Res. Act 162 S. R. 311 (Ga. L. 1980, P. 2045) MUSCOGEE COUNTY City of Columbus (Muscogee County) 19,701 9,551 Shall the Constitution be amended so as to create at ten-year intervals a Charter Review Commission for the City of Columbus, Georgia, to study the charter of said city and, in its discretion, to propose changes in the existing charter which will be submitted to the voters of said city for their approval or rejection? 107. Res. Act 207 H. R. 478-1260 (Ga. L. 1980, P. 2171) NEWTON COUNTY 6,289 1,032 Newton County School District 6,289 1,032 Shall the Constitution be amended so as to grant each resident of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District? 108. Res. Act 215 H. R. 521-1370 (Ga. L. 1980, P. 2187) NEWTON COUNTY 5,981 1,093 Newton County School District 5,981 1,093 Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Newton County and Newton County School District ad valorem taxes for each resident of Newton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits? 109. Res. Act 262 H. R. 823-1875 (Ga. L. 1980, P. 2312) PAULDING COUNTY 3,300 1,756 Paulding County School District 3,300 1,756 Shall the Constitution be amended so as to provide for a homestead exemption of $12,000.00 from all Paulding County ad valorem taxes, including ad valorem taxes for the Paulding County school district, for residents of Paulding County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year? 110. Res. Act 37 H. R. 163-650 (Ga. L. 1979, P. 1832) PIKE COUNTY 996 797 Shall the Constitution be amended so as to create the Pike County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing and maintaining retirement home facilities for lease or sale to non-profit, tax exempt religious or charitable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the foregoing? 111. Res. Act 19 S. R. 36 (Ga. L. 1979, P. 1792) POLK COUNTY City of Rockmart (Polk County) 579 49 Shall the Constitution be amended so as to provide that residents of the City of Rockmart who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city? 112. Res. Act 202 H. R. 456-1162 (Ga. L. 1980, P. 2162) BURKE COUNTY AND RICHMOND COUNTY City of Blythe (Burke County) NO REGISTERED VOTERS IN CITY WITHIN BURKE COUNTY Richmond County 16,313 4,479 Richmond County School District 16,313 4,479 City of Augusta (Richmond County) 5,236 1,113 City of Hephzibah (Richmond County) 378 131 City of Blythe (Richmond County) 100 34 Shall the Constitution be amended so as to permit the General Assembly to authorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes? 113. Res. Act 211 H. R. 516-1355 (Ga. L. 1980, P. 2177) BURKE COUNTY AND RICHMOND COUNTY City of Blythe (Burke County) NO REGISTERED VOTERS IN CITY WITHIN BURKE COUNTY Richmond County 13,877 6,259 Richmond County School District 13,877 6,259 City of Augusta (Richmond County) 4,463 1,590 City of Hephzibah (Richmond County) 322 181 City of Blythe (Richmond County) 91 39 Shall the Constitution be amended so as to require a referendum before a local taxing jurisdiction in Richmond County may levy an ad valorem tax mill rate greater than a mill rate determined based upon the mill rate levied in 1979? 114. Res. Act 216 H. R. 525-1379 (Ga. L. 1980, P. 2190) RICHMOND COUNTY 24,791 4,696 Richmond Co. School District 24,791 4,696 Shall the Constitution be amended so as to increase the amount of the homestead of each resident of Richmond County, which is exempt from county and school taxes, from $2,000.00 to $5,000.00, to increase from $4,000.00 to $10,000.00 the amount of the homestead of each resident of Richmond County who is 65 years of age or over and whose income does not exceed $10,000.00, which is exempt from taxes for county and school purposes, and to allow an exemption from ad valorem taxes for county and school purposes of $10,000.00 for the homestead of each resident of Richmond County who is totally and permanently disabled? 115. Res. Act 226 H. R. 570-1531 (Ga. L. 1980, P. 2211) RICHMOND COUNTY City of Augusta (Richmond County) 6,005 1,047 Shall the Constitution be amended so as to provide for homestead exemption for residents and homeowners of the City of Augusta, under 65 years of age, in an amount equal to the greater of: 1) two thousand dollars ($2,000.00), or 2) an amount equal in dollar value to the homestead of any such person which now or hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia; and, for homestead exemption for residents and homeowners of the City of Augusta, 65 years of age or older, in an amount equal to the greater of: 1) four thousand dollars ($4,000.00), or 2) an amount equal in dollar value to the homestead of any said person age 65 years or older, which now or hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia; provided, that the net income of said resident homeowner age 65 years or older, together with the net income of his or her spouse who also occupies and resides at said homestead, from all sources, does not exceed four thousand dollars ($4,000.00) for income tax purposes, for the immediately preceding taxable year? 116. Res. Act 227 H. R. 578-1550 (Ga. L. 1980, P. 2215) ROCKDALE COUNTY Rockdale Co. School District 6,906 1,670 Shall the Constitution be amended so as to provide that any resident of Rockdale County who is 65 years of age or older or who is totally disabled shall be granted a homestead exemption of $20,000.00 from ad valorem taxation for school purposes by Rockdale County? 117. Res. Act 20 S. R. 133 (Ga. L. 1979, P. 1793) SPALDING COUNTY Spalding Co. School District 5,900 3,773 Shall the Constitution be amended so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Spalding County School District? 118. Res. Act 263 H. R. 826-1885 (Ga. L. 1980, P. 2315) SPALDING COUNTY Spalding County 5,081 5,027 City of Griffin (Spalding County) 2,708 1,859 Shall the Constitution be amended so as to ratify the Griffin Development Authority created for the purpose of encouraging and promoting the economic improvement, development and rehabilitation of the City of Griffin's central business area pursuant to Act of the General Assembly approved April 11, 1979, as amended and to amend such Act by restating it in its entirety and superseding it and, in so doing, to authorize the Authority to issue its revenue bonds, notes and other obligations and to provide for the method and manner of such issuance and for the validation thereof, to authorize the Authority to contract with the City of Griffin and with counties, municipalities and other political subdivisions of the State, and to provide other terms and conditions upon which the Authority shall operate within a Development District in the City of Griffin? 119. Res. Act 223 H. R. 565-1512 (Ga. L. 1980, P. 2205) TAYLOR COUNTY Taylor County School District 1,177 449 Shall the Constitution be amended so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Taylor County School District? 120. Res. Act 158 S. R. 290 (Ga. L. 1980, P. 2029) TOWNS COUNTY Towns County 1,226 1,304 Towns County School District 1,226 1,304 Shall the Constitution be amended so as to authorize the Board of Education of Towns County to direct the governing authority of Towns County to impose certain excise taxes on alcoholic beverages sold within Towns County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Towns County school district? 121. Res. Act 205 H. R. 461-1190 (Ga. L. 1980, P. 2168) TOWNS COUNTY Towns County 899 990 Shall the Constitution be amended so as to provide that the Towns County Board of Education shall have the authority to expend funds to finance all or part of the employer and employee contributions to any health insurance plan for retired public school teachers created by the general law of this state? 122. Res. Act 243 H. R. 679-1700 (Ga. L. 1980, P. 2266) TURNER COUNTY City of Ashburn (Turner Co.) 789 172 Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all City of Ashburn ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits? 123. Res. Act 260 H. R. 785-1850 (Ga. L. 1980, P. 2307) TURNER COUNTY Turner County 1,353 291 Turner Co. School District 1,353 291 Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Turner County and Turner County School District ad valorem taxes for each resident of Turner County who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits? 124. Res. Act 206 H. R. 476-1248 (Ga. L. 1980, P. 2169 TWIGGS COUNTY AND WILKINSON COUNTY City of Danville (Twiggs County) 55 1 City of Danville (Wilkinson County) 70 1 Shall the Constitution be amended so as to provide that residents of the City of Danville who are 60 years of age or over shall be granted a homestead exemption of $2,000.00 in 1981 and $4,000.00 thereafter from ad valorem taxation by said city? 125. Res. Act 212 H. R. 518-1361 (Ga. L. 1980, P. 2180) TWIGGS COUNTY Twiggs County 1,573 178 Twiggs County School District 1,573 178 Shall the Constitution be amended so as to increase the Twiggs County homestead exemption from taxes levied for county and school purposes to $4,000.00 in 1981, $5,000.00 in 1982, and $6,000.00 in 1983 and thereafter and to increase the exemption allowed from county taxes for certain persons aged 65 or over to $6,000.00 in 1981, $7,000.00 in 1982, and $8,000.00 in 1983 and thereafter? 126. Res. Act 217 H. R. 527-1392 (Ga. L. 1980, P. 2194) TWIGGS COUNTY City of Jeffersonville (Twiggs County) 194 10 Shall the Constitution be amended so as to provide that residents of the City of Jeffersonville who are 60 years of age or over shall be granted a homestead exemption of $2,000.00 in 1981 and $4,000.00 thereafter from ad valorem taxation by said City? 127. Res. Act 38 H. R. 164-650 (Ga. L. 1979, P. 1839) UPSON COUNTY Upson County 2,800 2,261 Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Upson County shall have jurisdiction? 128. Res. Act 45 H. R. 298-1009 (Ga. L. 1979, P. 1854) UPSON COUNTY Upson County School District 2,673 693 Shall the Constitution be amended so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Upson County School District? 129. Res. Act 250 H. R. 757-1778 (Ga. L. 1980, P. 2286) UPSON COUNTY City of Thomaston (Upson County) 1,155 1,265 Shall the Constitution be amended so as to provide for the establishment of the City of Thomaston Business Development Authority and to provide for the powers, duties, and responsibilities of said authority? 130. Res. Act 256 H. R. 775-1805 (Ga. L. 1980, P. 2299) WARE COUNTY Ware County School District 2,031 813 Shall the Constitution be amended so as to provide that each resident of the Ware County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all Ware County School District ad valorem taxes? 131. Res. Act 257 H. R. 776-1805 (Ga. L. 1980, P. 2301) WARE COUNTY Waycross School District (Ware County) 2,697 767 Shall the Constitution be amended so as to provide that each resident of the City of Waycross Independent School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all ad valorem taxes levied by the City of Waycross for educational purposes? 132. Res. Act 180 H. R. 510-1346 (Ga. L. 1980, P. 2109) WAYNE COUNTY Wayne County 2,551 704 Shall the Constitution be amended so as to increase the amount of the homestead of each resident of Wayne County, which is exempt from county taxes, from $2,000.00 to $5,000.00? 133. Res. Act 237 H. R. 643-1651 (Ga. L. 1980, P. 2252) WHITE COUNTY White County 1,972 680 White County School District 1,972 680 Shall the Constitution be amended so as to provide that for the purposes of White County and White County school district ad valorem taxes, the homestead exemption for the elderly shall be increased to $10,000.00 and the income qualification for such homestead exemption shall be changed to $10,000.00 from all sources? 134. Res. Act 185 H. R. 592-1600 (Ga. L. 1980, P. 2119) WHITFIELD COUNTY City of Dalton (Whitfield County) 3,216 1,125 Shall the Constitution be amended so as to provide for the establishment of a Downtown Dalton Development Authority and to provide for the powers, duties and responsibilities of said Authority? 135. Res. Act 231 H. R. 591-1600 (Ga. L. 1980, P. 2223) WHITFIELD COUNTY City of Dalton (Whitfield County) 3,607 625 Shall the Constitution be amended so as to provide that residents of the City of Dalton who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $6,000.00 per annum, shall be granted a homestead exemption of $10,000.00 from ad valorem taxation by said City? 136. Res. Act 242 H. R. 678-1700 (Ga. L. 1980, P. 2263) WORTH COUNTY Worth County 1,965 555 Worth Co. School District 1,965 555 Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Worth County and Worth County School District ad valorem taxes for each resident of Worth County who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survior, disability, and pension benefits? 137. Res. Act 244 H. R. 680-1700 (Ga. L. 1980, P. 2268) WORTH COUNTY City of Sylvester (Worth County) 536 149 Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all City of Sylvester ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?

For any information regarding these ACTS and RESOLUTIONS please contact: DAVID B. POYTHRESS Secretary of State