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 19830000 English
Page i
LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1983 19830000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Page iii
TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iv Bills and ResolutionsAct Number References x Acts and Resolutions of General Application 2C Vetoes by the Governor, 1979 Session 1863 Map of Counties and Judicial Circuits 1876 Appellate CourtsPersonnel 1877 Superior CourtsPersonnel and Calendars 1878 IndexTabular 1888 IndexGeneral 1907 Population of Georgia CountiesAlphabetically 1953 Population of Georgia CountiesNumerically 1956 Georgia Senatorial Districts, Alphabetically by County 1958 Georgia Senators, Alphabetically by Name 1960 Georgia Senators, Numerically by District 1962 Georgia House Districts, Alphabetically by County 1964 Georgia Representatives, Alphabetically by Name 1966 Georgia Representatives, Numerically by District 1974 Status of Referendum Elections for the Years 1953-1983 1982 VOLUME TWO Acts by NumbersPage References iv Bills and ResolutionsAct Number References x Acts and Resolutions of Local Application 3501 County Home Rule Actions 4744 Municipal Home Rule Actions 4816 Vetoes by the Governor, 1979 Session 4981 Map of Counties and Judicial Circuits 4994 Appellate CourtsPersonnel 4995 Superior CourtsPersonnel and Calendars 4996 IndexTabular 5006 IndexGeneral 5025 Population of Georgia CountiesAlphabetically 5071 Population of Georgia CountiesNumerically 5074 Georgia Senatorial Districts, Alphabetically by County 5076 Georgia Senators, Alphabetically by Name 5078 Georgia Senators, Numerically by District 5080 Georgia House Districts, Alphabetically by County 5082 Georgia Representatives, Alphabetically by Name 5084 Georgia Representatives, Numerically by District 5092 Status of Referendum Elections for the Years 1953-1980 5100
Page iv
Compiler's Note The Act of the General Assembly, 1982 Extra Session, reapportioning the Fourth and Fifth Congressional Districts will be found on page 2C of volume one. General Acts and Resolutions of the 1983 Session will be found in volume one beginning at page one. The only proposed amendment to the Constitution passed at the 1983 Session will be found on page 972 of volume one. This volume is bound separately. Local and Special Acts and Resolutions are grouped in volume two beginning on page 3501. 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 1982 are printed in volume two beginning on page 4816. Home Rule Actions by Counties filed in the office of the Secretary of State during 1982 are printed in volume two beginning on page 4744. There are no numbered pages between 1862 and 3501. The indexes are printed in each volume and cover the materials in both volumes. The tabular index lists matter by broad categories; the general index is a detailed, alphabetical index by subject matter. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 1-Ex. Sess. 2C 1 3 2 140 3 159 4 3503 5 3506 6 349 7 358 8 359 9 3509 10 3513 11 3521 12 385 13 3524 14 3534 15 3561 16 386 17 3563 18 3566 19 3570 20 3573 21 393 22 3581 23 395 24 3586 25 400 26 3590 27 3605 28 3611 29 3617 30 3621 31 3623 32 402 33 3626 34 3628 35 3631 36 3634 37 3636 38 3639 39 3641 40 3646 41 3649 42 3651 43 3654 44 3684 45 3686 46 3688 47 3691 48 3693 49 3695 50 3697 51 3699 52 3707 53 3709 54 3711 55 3714 56 3716 57 3718 58 3721 59 3724 60 3726 61 403 62 3728 63 3731 64 3733 65 3734 66 3737 67 3739 68 3748 69 3750 70 3753 71 3755 72 3757 73 3759 74 3768 75 3771 76 3773 77 3776 78 3778 79 3781 80 3783 81 3785 82 3790 83 3794 84 3797 85 3800 86 3802 87 3804 88 3809 89 404 90 3811 91 3814 92 3818 93 3820 94 3822 95 3825 96 3827 97 3830 98 3834 99 3863 100 3865 101 3868 102 3870 103 3873 104 3875 105 3878 106 3880 107 405 108 3884 109 3887 110 3889 111 3892 112 3894 113 3896 114 3899 115 3902 116 3904 117 3906 118 3909 119 3911 120 3919 121 3923 122 3925 123 3927 124 407 125 3931 126 3933 127 412 128 3936 129 3938 130 3940 131 3943 132 3945 133 3947 134 3949 135 3951 136 3954 137 3956 138 3958 139 3960 140 414 141 3964 142 3967 143 3971 144 3973 145 3975 146 3978 147 3980 148 3982 149 3984 150 3994 151 415 152 4000 153 4002 154 4004 155 4006 156 4010 157 4027 158 4031 159 4034 160 4037 161 4039 162 4043 163 4046 164 4048 165 4051 166 4053 167 4055 168 416 169 4057 170 4061 171 4063 172 4065 173 4068 174 4072 175 4074 176 4077 177 4079 178 418 179 419 180 4081 181 4805 182 4087 183 421 184 424 185 444 186 445 187 447 188 448 189 449 190 452 191 454 192 455 193 456 299 457 195 459 196 460 197 461 198 462 199 464 200 465 201 467 202 468 203 469 204 471 205 473 206 475 207 476 208 478 209 479 210 482 211 484 212 485 213 487 214 489 215 490 216 493 217 494 218 495 219 496 220 499 221 500 222 503 223 504 224 506 225 507 226 509 227 511 228 513 229 514 230 515 231 518 232 520 233 521 234 523 235 525 236 526 237 528 238 529 239 531 240 532 241 535 242 538 243 539 244 544 245 545 246 546 247 548 248 550 249 555 250 559 251 575 252 576 253 578 254 581 255 602 256 616 257 620 258 622 259 623 260 629 261 632 262 633 263 635 264 637 265 638 266 639 267 641 268 643 269 645 270 646 271 647 272 649 273 651 274 653 275 655 276 659 277 661 278 664 279 665 280 667 281 669 282 670 283 672 284 673 285 675 286 676 287 677 288 679 289 680 290 681 291 683 292 684 293 685 294 686 295 688 296 689 297 691 298 692 299 694 300 695 301 697 302 699 303 700 304 702 305 705 306 710 307 716 308 719 309 720 310 721 311 722 312 724 313 725 314 726 315 728 316 729 317 732 318 734 319 735 320 737 321 739 322 743 323 745 324 748 325 4094 326 4097 327 4105 328 4108 329 4110 330 4113 331 4115 332 752 333 4119 334 4122 335 4125 336 4127 337 4130 338 4134 339 4140 340 4143 341 4145 342 4149 343 4151 344 4153 345 4155 346 4157 347 4161 348 4167 349 4170 350 4173 351 4176 352 4178 353 4181 354 4186 355 4188 356 753 357 4191 358 4194 359 4205 360 4208 361 4210 362 4213 363 759 364 761 365 4217 366 764 367 4220 368 4223 369 4228 370 4231 371 4234 372 4238 373 4245 374 4247 375 4251 376 4256 377 4263 378 4266 379 4270 380 4274 381 4278 382 774 383 4283 384 4294 385 4299 386 775 387 4302 388 4316 389 4322 390 4324 391 4327 392 4330 393 4322 394 4334 395 4339 396 4341 397 4344 398 4346 399 4350 400 4353 401 4357 402 4362 403 778 404 781 405 783 406 784 407 786 408 790 409 796 410 804 411 806 412 819 413 822 414 823 415 825 416 827 417 829 418 831 419 834 420 836 421 837 422 839 423 852 424 859 425 864 426 867 427 881 428 882 429 884 430 4367 431 4373 432 4376 433 930 434 936 435 938 436 941 437 945 438 946 439 949 440 951 441 956 442 961 443 964 444 4386 445 1000 446 1024 447 1026 448 1059 449 1079 450 1087 451 1094 452 1097 453 1116 454 4411 455 4419 456 4432 457 4443 458 4466 459 4481 460 4493 461 4495 462 4501 463 4503 464 1118 465 4511 466 4514 467 4518 468 4525 469 4529 470 4538 471 4544 472 4547 473 4553 474 4565 475 4570 476 4578 477 4594 478 1123 479 4605 480 4607 481 4614 482 4620 483 4622 484 4625 485 4656 486 4662 487 4665 488 4698 489 1146 490 1153 491 1158 492 1161 493 1170 494 1182 495 1185 496 1189 497 1190 498 1203 499 1205 500 1207 501 1210 502 1212 503 1213 504 1214 505 1218 506 1219 507 1228 508 1255 509 1298 510 1299 511 1300 512 1303 513 1304 514 1306 515 1307 516 1309 517 1310 518 1316 519 1317 520 1323 521 1326 522 1340 523 1346 524 1350 525 1368 526 1389 527 1401 528 1411 529 1419 530 1426 531 1429 532 1430 533 1431 534 1437 535 1441 536 1450 537 4702 538 4704 539 4707 540 1461 541 1464 542 1466 543 1468 544 1469 545 1470 546 1474 547 1479 548 1508 549 1539 550 1547 551 1548 552 1566 553 1592 554 1593 555 1595 556 1603 557 1795 558 1798 559 1805 560 1806 561 1809 562 1815 563 1816 564 1820 565 1831 566 1834 567 1849 568 1850 569 4710 570 1856 571 1859 RESOLUTIONS BY NUMBER, PAGE REFERENCES Res. No. Page 1 4090 2 440 3 442 4 4091 5 582 6 584 7 586 8 588 9 590 10 592 11 594 12 596 13 4092 14 598 15 599 16 4378 17 966 18 4380 19 967 20 4381 21 4382 22 4384 23 969 24 972 25 974 26 975 27 978 28 983 29 987 30 989 31 992 32 995 33 997 34 999
Page x
BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. 1 3 2 313 3 1 4 2 6 292 7 7 8 23 10 519 11 215 12 501 15 216 16 217 17 218 18 502 19 219 20 220 21 293 22 221 23 222 24 549 25 527 26 223 27 224 28 407 29 294 30 295 31 229 32 433 33 434 34 225 35 416 36 296 43 435 44 226 45 227 50 436 51 228 56 531 58 417 66 185 68 437 70 186 71 528 72 211 75 252 76 28 77 297 79 298 80 299 81 187 82 178 83 21 84 13 85 176 89 438 90 418 92 Veto 6 93 314 96 188 103 Veto 12 104 6 107 570 109 230 112 5 115 548 116 415 118 315 119 189 121 429 127 251 128 489 129 550 130 445 133 231 134 232 135 190 136 272 138 439 139 419 140 322 142 233 145 529 149 191 153 512 159 440 163 556 170 490 171 453 173 544 179 300 185 364 188 510 189 565 190 154 191 153 192 152 193 177 194 151 195 179 196 517 197 150 207 8 209 494 212 495 215 149 219 525 220 148 221 277 222 261 230 568 231 420 236 516 242 192 245 496 246 508 247 523 249 543 250 553 254 262 255 263 257 11 260 147 261 146 262 145 263 144 264 143 266 264 273 571 278 503 279 99 280 444 282 413 286 316 287 193 288 278 289 381 294 506 297 505 299 194 301 142 302 9 308 403 310 535 311 4 312 141 313 279 314 497 318 265 320 195 322 471 324 493 325 563 326 498 328 382 329 421 330 280 332 Veto 3 333 14 334 15 335 542 338 383 339 449 340 366 341 384 344 100 345 101 347 324 348 452 350 331 351 29 352 10 353 196 355 197 356 266 357 198 361 281 363 199 364 30 365 536 366 267 368 491 371 268 373 547 374 499 375 545 379 546 381 269 385 533 386 526 387 102 388 340 389 270 391 323 395 24 397 273 399 282 400 427 401 492 407 283 408 330 409 140 410 329 415 31 419 540 420 555 421 566 424 500 426 26 427 404 428 507 429 534 430 107 432 564 435 317 436 514 437 200 439 318 440 524 441 414 443 341 447 201 448 284 449 461 452 139 458 560 460 184 469 402 470 342 471 343 474 562 475 344 476 202 477 319 478 285 479 Veto 1 483 472 485 32 486 481 487 569 488 33 489 34 490 35 491 66 492 271 496 103 497 286 498 365 499 104 504 287 505 522 506 138 507 530 508 460 509 16 513 288 514 137 515 136 517 45 526 46 527 47 530 567 532 410 537 480 538 454 539 48 540 49 544 515 545 509 548 289 550 462 551 247 555 245 556 67 557 50 558 51 561 119 562 68 563 463 564 52 566 446 567 447 568 248 569 328 570 367 574 53 575 105 577 455 578 459 580 441 581 442 585 405 587 473 590 479 595 345 596 368 601 346 605 312 606 521 607 17 608 246 609 431 611 327 612 54 613 69 614 70 615 71 621 72 622 443 625 411 627 363 628 73 629 326 630 74 631 75 632 347 636 18 638 478 639 428 641 76 642 482 643 77 645 532 647 290 648 450 652 78 653 79 655 106 656 55 658 369 660 401 662 325 663 332 665 537 666 350 668 56 673 57 674 19 675 291 676 80 677 58 678 108 679 59 682 81 687 109 688 474 689 333 690 400 692 110 693 334 694 483 695 335 697 336 699 82 700 83 701 84 705 464 707 Veto 2 708 484 709 85 710 399 712 398 713 111 714 349 715 485 716 466 718 465 719 370 720 112 721 348 722 397 729 22 730 396 731 467 736 351 737 352 738 475 739 353 740 354 741 456 742 355 743 468 744 395 745 113 749 394 750 114 751 337 752 60 753 393 754 86 755 469 756 61 757 356 758 115 759 116 760 87 761 88 762 27 763 89 764 90 765 379 766 477 767 91 768 117 769 92 770 62 771 63 772 93 773 94 774 486 775 118 776 172 777 173 778 95 779 371 780 372 781 380 782 430 783 476 784 338 785 339 786 470 787 64 793 135 794 134 795 133 796 65 797 132 798 131 799 130 800 357 801 358 802 378 803 174 804 175 806 432 807 377 808 487 809 129 810 128 811 127 813 488 818 126 819 125 820 124 821 376 822 359 823 123 824 122 825 375 827 121 829 120 834 360 836 457 837 458 838 374 841 361 843 373 Senate Bill Act No. 1 504 2 511 5 234 8 412 11 235 13 237 21 274 30 311 31 426 32 210 40 310 41 557 42 406 45 212 56 303 59 541 65 25 69 304 70 451 72 275 73 249 81 561 83 238 84 239 89 236 91 Veto 5 96 559 102 309 105 171 110 Veto 9 111 170 113 308 121 552 123 183 124 169 130 425 132 160 133 168 136 320 137 321 140 167 146 276 147 Veto 7 151 424 154 250 155 166 159 12 160 165 161 240 162 255 163 256 165 Veto 8 168 164 169 214 171 241 173 305 176 423 178 242 180 243 182 253 183 163 184 408 188 409 189 254 190 520 193 203 194 257 195 204 196 307 199 551 200 205 204 448 206 554 207 258 208 159 210 41 211 158 212 Veto 11 215 306 218 162 219 20 220 422 221 386 225 Veto 4 233 161 237 301 239 513 241 302 242 206 249 244 251 207 253 362 255 259 256 208 260 558 262 157 264 42 265 43 266 44 268 213 269 260 270 209 273 180 274 181 276 155 277 Veto 10 278 36 279 156 280 37 283 518 287 97 288 98 289 385 293 38 294 182 295 39 296 40 299 392 300 538 301 96 302 391 303 390 305 389 306 539 307 388 308 387 House Resolution Res. Act No. 12 33 14 23 15 17 27 5 30 24 64 32 66 19 67 25 69 1 71R 20 72R 26 76 27 90 34 93R 22 105R 18 106 28 107 8 145 14 154 6 158 39 161R 21 220 30 222 31 246 13 292R 16 Senate Resolution Res. Act No. 6 2 11 15 49R 3 79 4 83 12 89 11 111 7 112 10 121 9
Page 3501
LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1983 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Page 3503
LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1983 JEFFERSON COUNTYTAX COMMISSIONER, SALARY, ETC. No. 4 (House Bill No. 311). AN ACT To amend an Act creating the office of tax commissioner of Jefferson County, approved March 21, 1968 (Ga. L. 1968, p. 2573), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3689), so as to provide a salary for the tax commissioner which shall be in lieu of all other compensation; to provide for assistants to and deputies of the tax commissioner; 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 office of tax commissioner of Jefferson County, approved March 21, 1968 (Ga. L. 1968, p. 2573), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3689), is amended by replacing Sections 4 and 5 with new sections to read as follows: Section 4. (a) The tax commissioner shall be compensated on a salary basis.
Page 3504
(b) It is specifically provided that the salary provided in this section 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 Code Section 40-2-30 of the O.C.G.A., 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 Department of Revenue, and including those commissions allowed by subsection (c) of Code Section 48-5-180 of the Official Code of Georgia Annotated, 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. (c) All fees, commissions, costs, fines, percentages, forfeitures, and other perquisites formerly allowed to the tax commissioner as compensation shall be funds of the county and shall be accounted for and paid to the fiscal officer of the county at least once every month. (d) Effective March 1, 1983, the tax commissioner shall be compensated by an annual salary of not less than $18,000.00, payable in equal monthly installments from county funds. On or after July 1, 1983, the county governing authority may supplement the tax commissioner's salary, but the total annual salary of the tax commissioner including any such supplement shall not exceed $20,000.00. (e) For the period of February 15, 1983, through February 28, 1983, the tax commissioner shall receive compensation calculated by beginning with a base figure of $750.00 and either: (1) Subtracting from that base figure the amount by which all compensation, including fees and salary, received by the tax commissioner for services during the period of January 1, 1983, through February 15, 1983, exceeds $2,250.00; or (2) Adding to that base figure the amount by which all compensation, including fees and salary, received by the tax commissioner for services during the period of January 1, 1983, through February 15, 1983, is less than $2,250.00. The compensation computed above shall be paid from county funds.
Page 3505
Section 5. (a) There shall be two full-time deputies to the tax commissioner. These deputies and their successors shall be appointed by the tax commissioner and may be discharged by the tax commissioner in his sole discretion. The tax commissioner may also employ such number of part-time personnel for such periods of time as are authorized by the county governing authority, and the selection and discharge of such number of part-time personnel as are authorized shall be within the sole discretion of the tax commissioner. (b) The compensation of the deputy tax commissioners and part-time personnel shall be fixed by the county governing authority, but the compensation of a deputy tax commissioner shall not be reduced during his employment. (c) 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 . This Act shall become effective February 15, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to place the Tax Commissioner of Jefferson County on a salary, to designate number of office employees, and for other purposes. This 7th day of December, 1982. E. E. Bargeron Representative, 83rd District Representative/Elect, 108th District 12-16-3c
Page 3506
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th 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 16, 23, 30, 1982. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 19th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 15, 1983. CITY OF THOMASTONBOARD OF EDUCATION. No. 5 (House Bill No. 112). AN ACT To amend an Act establishing a new charter for the City of Thomaston, Georgia, approved March 15, 1933 (Ga. L. 1933, p. 1070),
Page 3507
as amended, so as to change the method of selecting 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 establishing a new charter for the City of Thomaston, Georgia, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, is amended by striking in its entirety subsection (a) of Section 37 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board of education for the said system of public schools shall consist of seven members, the term of office of which shall be seven years, with the senior member to be retired annually on the last Friday in June and not to be eligible for reelection within two years thereafter. The manner of filling vacancies on said board, whether such vacancy is created by the expiration of the term of a member or otherwise shall be as follows: the board shall, by majority vote, nominate not less than three persons to the mayor and council of the City of Thomaston to fill said vacancy and the mayor and council shall, by majority vote, select one from among the persons thus nominated to fill such vacancy. A member's term shall continue until his successor has been selected and has assumed the duties of office. Said board, in making said nominations, and said mayor and council, in making its selections, shall actively seek to ensure that all segments of the community which it serves are adequately and properly represented on said board without discrimination as to any segment. The senior member currently holding over shall be replaced in the manner provided in this subsection immediately following the effective date of this subsection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a Bill to amend the Act creating a new Charter for the City of Thomaston, approved March 15, 1933, (Ga. L. 1933, p. 1070 et. seq.), as amended so as to provide a new method of filling vacancies on the Board of Education.
Page 3508
This 15th day of December, 1982. /s/ Marvin Adams Representative, 79th District Georgia, Fulton County. Personally appeared before me, the undersigned officer authorized to administer oaths, Marvin Adams, author of the foregoing legislation, who, on oath, deposes and says that he is the Representative from the 79th House District of Georgia, and that the above and foregoing copy of Notice of Intention to Introduce Local Legislation was published in The Thomaston Times and The Free Press, the official organ of Upson County, on December 22, and December 29, 1982, and January 5, 1983. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 10th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 15, 1983.
Page 3509
MACON-BIBB COUNTY WATER SEWERAGE AUTHORITY ACT AMENDED. No. 9 (House Bill No. 302). AN ACT To amend an Act known as the Macon-Bibb County Water Sewerage Authority Act approved April 11, 1973 (Ga. L. 1973, p. 2603, Et. Seq.), as amended by an Act entitled Macon-Bibb County Water Sewerage Authority Act Amended approved February 8, 1974 (Ga. L. 1974, p. 2031, Et. Seq.), as amended by Acts approved March 22, 1974 (Ga. L. 1974, p. 3074) approved April 11, 1979 (Ga. L. 1979, p. 3816), and as approved April 26, 1980 (Ga. L. 1980, p. 3152), so as to authorize the Macon-Bibb County Water Sewerage Authority by ordinance or regulations, to qualify for and authorize it to apply for and obtain a license or permit, known as National Pollution Discharge Elimination System (N.P.D.E.S.) permit and/or monetary grants pursuant to the provisions of the Federal Water Pollution Control Act, as amended (Title 33, Section 1251, Et. Seq. USC) and the Georgia Water Quality Control Act, as amended, (12-5-20 Et. Seq. Official Code of Georgia Annotated) and by regulations to adopt, promulgate, administer, set standards and provisions for, regulate, enforce, amend, compel compliance with and monitor from time to time, a pretreatment program pertaining to the pretreatment of sewage effluent that is to be treated by waste water treatment facilities of such authority, including, but not limited to, right to seek injunctive relief against a violator of any pretreatment regulation without the necessity of showing lack of adequate remedy at law and to assess and collect a civil penalty not to exceed $750.00 per day against violators for noncompliance with any pretreatment standard or requirement, subject to judicial review; to provide for remedial action including immediate termination of water and/or sewer service in emergencies endangering the life or health of persons and/or serious permanent damage to water or sewage equipment or facilities; which pretreatment program shall comply with and meet all requirements of the provisions applicable thereto as set forth in both said federal and Georgia Acts and respective regulation adopted thereto; to encompass the aforesaid rights and powers in a new section to the Charter of said Authority to be known as Section 4.5(g); to provide for an effective date of this Act; to repeal conflicting laws; and for other purposes.
Page 3510
Be it enacted by the General Assembly of Georgia: Section 1 . The following Section 4.5(g) is hereby adopted as part of the Charter of said Authority, to-wit: Section 4.5(g). Said Authority is authorized to: (1) qualify, apply for and obtain a license(s) or permit(s), known as National Pollution Discharge Elimination System (N.P.D.E.S.) permit, and/or monetary grants for the collection, treatment and discharge of waste waters pursuant to the provisions of the `Federal Water Pollution Control Act,' as amended, (Title 33, Section 1251 Et. Seq. USC) and the `Georgia Water Quality Control Act,' as amended, (Section 12-5-20 Et. Seq. Official Code of Georgia Annotated) and the respective regulations adopted pursuant thereto; (2) by regulations provide for the adoption, promulgation, administration, setting of standards and provisions for, regulating, enforcing, amending, monitoring and compelling compliance with the terms, conditions and provisions of a Pretreatment Program pertaining to the pretreatment of industrial waste water effluent that is to be delivered into the Authority's sewerage system and is to be treated by the waste water treatment facilities of such Authority, which Pretreatment Program shall include and comply with all requirements and provisions applicable thereto as set forth in both said `Federal Water Pollution Control Act,' as amended, and the `Georgia Water Quality Control Act,' as amended, and the respective regulations thereto; and additional restrictions that are required in order to allow the Authority to comply with their N.P.D.E.S. permit; provided, however, any regulations issued subsequent to the initial regulations issued pursuant to the Authority herein or any amendment to such initial regulations shall not go into effect until notice thereof has been advertised in the official organ of Bibb County at least twice not later than 15 days prior to the effective date thereof and providing an opportunity for interested parties to be heard thereon at least five days before such effective date; (3) make application to Superior Court of Bibb County, Georgia for injunctive relief against any person who has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of such Pretreatment Regulations, seeking an order enjoining and restraining such act or practice. Upon a showing by the Authority that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law; (4) to provide that any person, firm or
Page 3511
corporation that fails to comply with any of the pretreatment standards or requirements set forth in such Pretreatment Regulations shall be liable to civil penalty not to exceed $750.00 per day for each day during which such noncompliance continues. The General Manager of said Authority (or such other employee the Authority designates), after a hearing, shall determine whether or not any such person is in noncompliance of any such standard or requirement and may, upon a proper finding, issue his order imposing such civil penalties as provided hereinbefore. Any person so penalized pursuant hereto is entitled to judicial review. In this connection, all hearings and proceedings for judicial review shall be in accordance with Code Section 50-13-19 Official Code of Georgia Annotated; the venue shall be in the Superior Court of Bibb County. All penalties recovered by the General Manager or such other employee designated by the Authority, as provided herein shall be paid into the general treasury of the Authority and to the credit of its general fund; (5) In any instance of an emergency, where there is a violation of a regulation of the Pretreatment Program of the Authority, or otherwise, a condition exists which presently causes, or the continuance of which is (1) a present danger to the life or health of persons or (2) permanently and seriously damaging (a) water treatment, or water quality equipment of facilities or (b) waste water treatment, or waste water equipment or facilities, the General Manager (or such other employee as the Authority designates) is authorized to immediately terminate water and/or sewer service as is necessary to stop and eliminate such danger and/or damage. 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 repealed. Notice of Intention to Enact Local Legislation. Pursuant to the provisions of Article III, section 7, paragraph 15 of the constitution of the State of Georgia, notice is hereby given that application will be made to the 1983 session of the General Assembly of the State of Georgia to amend an act known as the Macon-Bibb County Water and Sewerage Authority Act approved April 11, 1973 (Georgia Laws 1973, page 2603 et seq.), as amended, so as to authorize
Page 3512
such authority by ordianance or regulations, to qualify for and authorize it to apply for and obtain a license or permit, known as National Pollution Discharge Elimination System (N.P.D.E.S.) Permit and/or monetary grants pursuant to the provisions of the Federal Water Pollution Control Act, as amended (Title 33, section 1231, et seq. USC) and the Georgia Water Quality Control Act as amended, (Section 12-5-20 et seq. Official Code of Georgia), and by regulations to adopt, promulgate, administer, set standards and provisions for, regulate, enforce, amend, compel compliance with and monitor from time to time, a pretreatment program pertaining to the pretreatment of sewage affluent that is to be treated by waste water treatment facilities of such authority, including, right to seek injunctive relief against a violator of any pretreatment regulation without the necessity of showing lack of adequate remedy at law and to assess and collect a civil penalty not to exceed $750.00 per day against violators, subject to judicial review; to provide for remedial action including immediate termination of water and/or sewer service in emergencies endangering the life or health of persons and/or serious permanent damage to water treatment or sewage treatment, or water or sewage equipment and facilities; to provide for other matters relative to all of the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 10th day of December, 1982. /s/ Wallace Miller, Jr. Attorney for Macon-Bibb County Water Sewerage Authority Jones, Cork Miller Attorneys Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local
Page 3513
Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: December 23, 30, 1982 and January 6, 1983. /s/ Denmark Groover, Jr. Representative, 99th District Sworn to and subscribed before me, this 20th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 24, 1983. CITY OF COMMERCEADMINISTRATIVE DEPARTMENTS. No. 10 (House Bill No. 352). AN ACT To amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to provide for the administration of departments, offices, and agencies; to provide for a city manager; to provide for the powers, duties, responsibilities, and employment of the city manager; to provide for the city attorney; to provide for administrative offices; to provide for personnel administration; to provide for certain powers of the mayor and council; to repeal conflicting laws; and for other purposes.
Page 3514
Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, is amended by adding between Section 3 and Section 4 thereof the following: Section 3.10. Administrative departments; creation. The mayor and council by ordinance shall establish such city departments, offices, or agencies in addition to those created by this charter as they shall deem necessary to administer the affairs and government of the city. They shall prescribe the functions and duties of any such departments, offices, and agencies created, except that no function assigned by this charter to a particular department, office, or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. In ensuring the orderly administration of government under the council-manager plan, the mayor and council shall not interfere with the authority granted to a city manager as provided in this charter. For informational purposes, the mayor and council may at any time inquire as to departmental activities with department heads, officers, and employees; however, any member or members comprising the mayor and council shall not instruct any officer, department head, or employee as to the discharge of his duties except as the governing body in delegating instructions to the city manager as provided in this charter. Section 3.11. Consolidation, transfer, and merger of departments and functions. Except as otherwise provided by Section 3.10 of this charter, the mayor and council may by ordinance abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. Section 3.20. Appointment; compensation. The mayor and council shall appoint, for a term as arranged by an employment contract, an officer whose title shall be city manager and who shall be the head of the administrative branch of the city government. The city manager shall be chosen by the mayor and council on the basis of qualifications for the position as such with special reference to actual experience in and knowledge of the duties of the office as hereinafter prescribed. The city manager shall serve at the pleasure of the mayor and council and according to the terms of an employment agreement
Page 3515
between the mayor and council and the city manager. The city manager shall receive such salary as the mayor and council may fix. Section 3.21. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the mayor and council, a qualified city administrative officer to execute the powers and perform the duties of the city manager during the manager's temporary absence or disability. Section 3.22. Chief administrator. The city manager shall be responsible to the mayor and council for the proper administration of all affairs of the city. As chief administrator, the city manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the city; and these officers, department heads, and employees shall be administratively responsible to the city manager, except the city attorney who shall be appointed by the mayor and council. The city manager shall report every appointment and removal of a department head to the mayor and council at the council meeting next following the appointment or removal. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the mayor and council and the laws of the state are faithfully executed and enforced; to make such recommendations to the mayor and council concerning the affairs of the city as he shall deem expedient; to keep the mayor and council advised of the financial condition and future financial needs of the city; to attend all meetings of the mayor and council; and to prepare and to submit to the mayor and council such reports as may be deemed expedient or as may be required by the mayor and council. The city manager shall perform such other functions as assigned by the mayor and council; provided, however, remuneration shall not exceed the amount of salary fixed in Section 3.20. Section 3.30. Appointment; qualifications; term; compensation. The mayor and council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the mayor and council and shall receive such compensation as they shall determine. Section 3.31. Duties of the city attorney. It shall be the duty of the city attorney to serve as legal advisor to the mayor and council, city manager, and other city officials with respect to the affairs of the
Page 3516
city; to draw proposed ordinances when requested to do so; to inspect and determine the legality and form of all agreements, contracts, franchises, and other instruments with which the city may be concerned; to attend meetings of the mayor and council; and to perform such other duties as may be required by virtue of the position of city attorney. Section 3.40. City clerk. The city manager shall appoint an officer who shall perform the duties of the city clerk and who shall keep a journal of the proceedings of the mayor and council, maintain a safe place for 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 city manager may direct, including but not limited to the office of city treasurer. Section 3.50. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Said plans may apply to all employees of the City of Commerce and to any of its agencies and offices. When a pay plan has been adopted, the mayor and council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.51. 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; (2) The administration of the position classification and pay plan; (3) Hours of work, vacation, sick leave and other leave of absence, overtime pay, retirement, and the manner in which layoff shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Commerce. Section 2 . Said Act is amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows:
Page 3517
Section 27. Be it further enacted by the authority aforesaid and it is enacted by the authority of the same that the mayor and council of the City of Commerce shall elect a city manager, a city attorney, and such other appointees to agencies, boards, and authorities as may be required or as the mayor and council may deem necessary to properly carry on the government of said city. All said officers shall by contractual agreement. The mayor and council shall serve for terms of two years and until their successors are duly elected and qualified, unless said officers shall be sooner removed for cause. The mayor and council shall have power to fix the salaries of said officers and shall also take the bonds and prescribe the duties and administer the oaths of such officers. On proper cause shown, mayor and council shall remove any or all said officers from office for a breach of their official duties or neglect or incapacity to discharge said duties. Section 3. Said Act is amended by striking Section 27A in its entirety and inserting in ieu thereof a new Section 27A to read as follows: Section 27A. In addition to those requirements otherwise provided by law or ordinance as qulaifications for persons who are considered for appointment by the mayor and council of the City of Commerce to governmental committees or advisory groups, no person shall be appointed by the said mayor and council to serve on any board, committee, advisory board, committee, advisory body, or governmental body unless the person is a qulaified elector of the city at the time of such appointment or unless the person is appointed as city manager and is in the process of becoming an elector. Should any such appointee cease to be a qulaified elector of the city, the term of the appointment shall cease and a vacancy shall be created thereby. Section 4 . Said Act is amended by striking in their entirety Section 11, Section 20, Section 47, Section 99, and Section 100, which read as follows, respectively: Sec. 11. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That mayor, mayor pro tem, and each member of the city council of said city of Commerce, shall be clothed with all the authority and power of a justice of the peace, so far as to enable any one of them to issue warrants for offenses committed within the corporate limits of the City of Commerce, to suppress riots or breaches of the peace and to arrest, confine, commit or bind over
Page 3518
offenders against the laws of this State, to answer for such offenses before the proper tribunal. Sec. 20. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That one council can not by ordinance bind itself or its successors so as to prevent free legislation in matters of municipal government. Sec. 47. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council preceding their appointment shall fix the compensation of the manager of the election of said city, as well as designate the place where the same is to be held. Sec. 99. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That immediately after the passage of this Act, the mayor and council of the city of Commerce shall have the right to elect a building inspector for the said city, whose term of office shall expire on the first regular meeting of the mayor and council of said city of Commerce in January, 1910. It shall also be the duty of the mayor and council to elect a building inspector annually at the first regular meeting of said mayor and council in January, whose terms of office shall be for one year after his election, and until his successor has been elected by the mayor and council at the first annual meeting in January of each year thereafter. Sec. 100. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That it shall be the duty of said inspector to examine all the buildings occupied as residences, stores, factories, shops, stables, banks, offices, school buildings, churches, public halls, etc., and all other buildings in said city at least once each year and to make a written report to said mayor and council as to the condition in which said buildings were found so far as the owners having complied with the fire ordinances and regulations of the city of Commerce. In the event the building inspector finds that the owners of any such buildings have not complied with the requirements of this Act, or have failed to comply with the ordinances of the mayor and council of the said city of Commerce, passed for proper fire protection, then and in that case, it shall be the duty of the building inspector to personally notify the owner or owners of such buildings, provided such owners reside within the incorporate limits of said city, or in case the owner or owners do not reside in said limits, to notify them by writing, to provide needful alterations or additions to said buildings.
Page 3519
Section 5 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation. This is to serve notice of intention to introduce local legislation in the 1983 Georgia General Assembly affecting the City of Commerce. Lauren W. McDonald, Jr. Representative Affidavit of Publication. I, Herman Buffington, Publisher of The Jackson Herald, do hereby certify that the copy of the Notice of Intent to Introduce Local Legislation appeared in The Jackson Herald, Jefferson, Georgia on December 22, and 29, 1982 and January 5, 1983. This 17 day of January, 1983. /s/ Herman Buffington Publisher Subscribed and sworn to before me, this 17 day of January, 1983. /s/ Claire W. Collier Notary Public. My Commission Expires Sept. 23, 1985.
Page 3520
Notice of Intent to Introduce Local Legislation. This is to serve notice of intention to introduce local legislation in the 1983 Georgia General Assembly affecting the City of Commerce. Lauren W. McDonald, Jr. Representative Georgia, Jackson County. Charles L. Hardy, Jr., after being duly sworn, says that he is publisher of The Commerce News and that a notice of intent to introduce local legislation (copy of which is attached) was published in the Wednesday edition on December 22, December 29, and January 5. /s/ Charles L. Hardy, Jr. Sworn to and subscribed before me, this 17th day of January, 1983. /s/ Wilda Harvil Notary Public. My Commission Expires 2-23-83. (Seal). Approved February 25, 1983.
Page 3521
FORSYTH COUNTYAPPOINTMENT OF SCHOOL SUPERINTENDENT, REFERENDUM. No. 11 (House Bill No. 257). AN ACT To provide that the Forsyth County superintendent of schools shall be appointed by and serve at the pleasure of or under contract with the board of education rather than elected; to provide for the approval or disapproval of this Act at a referendum; 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 . The Forsyth County superintendent of schools serving at the time this section becomes effective shall continue to serve out the term of office to which he was elected. At the expiration of his term of office, his successor and future successors shall be appointed by the Board of Education of Forsyth County. After the expiration of the term of the Forsyth County School Superintendent in office on the effective date of this section, future superintendents shall serve at the pleasure of the board of education, but the board may enter into a contract of employment with a superintendent for a fixed term. Section 2 . Not less than 5 nor more than 30 days after the first date upon which the enforcement of Section 1 of this Act is not prohibited by the federal Voting Rights Act of 1965, the election superintendent of Forsyth County shall issue the call for an election for the purpose of submitting this Act to the electors of the Forsyth County school district for approval or rejection. The election superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Forsyth County. The ballot shall have written or printed thereon the words:
Page 3522
() YES () NO Shall the Act providing that the Forsyth County superintendent of schools shall be appointed by and serve at the pleasure of or under contract with the board of education be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall immediately 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 Forsyth County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to provide for the appointment of the school superintendant of Forsyth County by the County board of education and for other matters relative thereto; to provide for a referendum and for other purposes. This 20th day of December, 1982.
Page 3523
Bill H. Barnett Representative, District 10 J. Nathan Deal Senator, District 49 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, 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 Forsyth County News which is the official organ of Forsyth County, on the following dates: December 22, 29, 1982, and January 5, 1983. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 18th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983.
Page 3524
PICKENS COUNTYSMALL CLAIMS COURT ESTABLISHED. No. 13 (House Bill No. 84). AN ACT To create and establish a Small Claims Court of Pickens 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 Pickens 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 Pickens 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.
Page 3525
(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, Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, 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 Pickens 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 . Compensation for the judge of small claims court shall be as provided in the Courts of Limited Jurisdiction Compensation Act of 1982, Chapter 22 of Title 15 of the Official Code of Georgia Annotated, as now or hereafter amended. 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
Page 3526
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 action 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 palintiff, when he files his claim, shall deposit the sum of $25.00 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 $25.00. 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
Page 3527
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. (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 action 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 Pickens County or to the State Court of Pickens 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.
Page 3528
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 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 Pickens 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 ensure 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 discretion. 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 15-17-8 of the O.C.G.A. and give the bond prescribed in Code Section 15-17-9 of the O.C.G.A. 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.
Page 3529
Section 15 . A judgement 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 Chapter 3 of Title 5 of the O.C.G.A., as now or hereafter amended, 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:
Page 3530
Page 3531
Section 18 . On or before the effective date of this Act, the chief judge of the Superior Court of Pickens County shall appoint a duly qualified persons 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 Pickens 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
Page 3532
provided above, the judge may render a default judgment as provided in Code Section 18-4-90 of the O.C.G.A.; 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 $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 [Illegible Text] or adjudged invalid or unconstitutional. Section 25 . All laws and parts of laws in conflict with this Act are repealed.
Page 3533
Notice of Intent to Ask Local Legislation. Notice is herein given as required by the Constitution of Georgia, 1976, Art. III, Section VII, Paragraph IX, of the intention to introduce a bill at the 1983 General Assembly creating a Small Claims Court in Pickens County. By: Elizabeth R. Glazebrook County Attorney 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 is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Pickens County Progress which is the official organ of Pickens County, on the following dates: December 2, 9, and 16, 1982. /s/ W. G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 11th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983.
Page 3534
CITY OF JASPERNEW CHARTER. Ga. Laws 1953, p. 206 Repealed. No. 14 (House Bill No. 333). AN ACT To provide a new charter for the City of Jasper in the County of Pickens; to provide for the incorporation and powers of said city; to provide for the governing body of said city; to provide for the executive branch; to provide for the judicial branch; to provide for elections; to provide for the financial and fiscal affairs of said city; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for other matters relative to the foregoing; to provide for penalties; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CHARTER, CITY LIMITS, AND CORPORATE POWERS Section 1.10. Incorporation . This Act shall constitute the whole charter of the City of Jasper repealing and replacing the charter provided by an Act of the General Assembly, approved December 22, 1953 (Ga. L. 1953, p. 206), as amended. The City of Jasper, Georgia, in the County of Pickens, and the inhabitants thereof are constituted and declared a body politic and corporate under the same name and style of Jasper, Georgia, and by that name shall have perpetual succession, may sue and be sued, may plead and be impleaded in all courts 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 Jasper shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The corporate boundaries of the City of Jasper as set forth in the Act approved December 22, 1953 (Ga. L. 1953, p. 206), as amended, are incorporated into and made a part of this charter, notwithstanding the repeal of said 1953
Page 3535
Act, as amended, by Section 7.17. The current boundaries of the City of Jasper, at all times, shall be shown on a map to be retained permanently in the city hall. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the mayor. Copies of such map certified by the mayor shall be admitted in evidence in all courts and shall have the same force and effect as the original map. (b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Specific powers . 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 Jasper, to be exercised by the governing authority, may include the power: (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 provide for the manner and method of payment of such 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 State of Georgia; and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold, in trust or otherwise, real, personal, or mixed property in fee simple or lesser interest inside or outside the corporate 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
Page 3536
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 Title 22 of the Official Code of Georgia Annotated, or under other applicable 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, and transportation; to provide for 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; to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not to conflict with such regulations by the Public Service Commission; 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) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; (11) To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservational, athletic, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and
Page 3537
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 22 of the Official Code of Georgia Annotated or other applicable Acts as are or may be enacted; (13) To require real-estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt housing, building, plumbing, electrical, gas and heating, and air-conditioning codes; to regulate all housing, building, and building trades; and to license the construction and erection of buildings and all other structures; (15) To provide for the prevention and punishment of riots and public disturbances; (16) To regulate or prohibit junk dealers, pawn shops; the manufacture, sale, or transportation of intoxicating liquids and liquors; the use and sale of firearms; the transportation, storage and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise; (18) To license, tax, regulate, or prohibit professional fortunetelling or palmistry; (19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the right 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;
Page 3538
(20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and the sale of such items; (25) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal or other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (26) To levy a fee, charge, or tax as necessary to ensure the acquiring, constructing, equipping, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge, fee, or tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) To charge, impose, and collect a sewer connection fee or fees and to change the same from time to time, such fees to be imposed on the users connecting with the sewerage system;
Page 3539
(28) To define, regulate, and prohibit any act, conduct, practice, or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (29) To define a nuisance and provide for its abatement whether on public or private property; (30) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (31) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; (32) To provide that persons given jail sentences in the recorder's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city or to provide for the commitment of such persons to any county correctional institution or jail by agreement with the appropriate county officials; (33) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Jasper which, while not constituting offenses against the laws of this state, nevertheless are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (34) To regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of any ordinance enacted hereunder;
Page 3540
(35) To regulate the operation of motor vehicles and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (36) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking space in public ways for the use of such vehicles; (37) To provide and maintain a system of pensions and retirement for officers and employees of the city; (38) To levy and to provide for the collection of special assessments to cover the cost of any public improvements; (39) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter, and abolish departments, boards, offices, commissions, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for reserving the health, peace, order, and good government of the city; (42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (43) To exercise the power of arrest through duly appointed policemen; and (44) (A) 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
Page 3541
deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (B) In addition to the specific powers enumerated in subparagraph (A) of this paragraph, the governing authority of the City of Jasper is authorized to exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this section; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution and laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such power unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General powers . In addition to all other powers herein granted, the City of Jasper shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction . The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the City of Jasper 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
Page 3542
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 Jasper, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and qualifications of office . The mayor and council members shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless: (1) He has been a resident of the City of Jasper for a period of one year immediately prior to the date of the election of mayor or council member; (2) He continues to reside within the City of Jasper during his period of service; (3) He is registered and qualified to vote in municipal elections of the City of Jasper; and (4) He has obtained the age of 21 years and has been a citizen of the State of Georgia for two years. Section 2.12. Vacancy; forfeiture of office; filling of vacancies . (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any council member shall forfeit his office if he:
Page 3543
(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 council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13. Compensation and expenses . The mayor and 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 . Neither the mayor nor any council member shall vote upon any question, the outcome of which might result in financial gain for that council member. Section 2.15. Inquiries and investigations . The council may make inquiries and investigation into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General power and authority of the council . (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Jasper 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 or 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
Page 3544
inhabitants of the City of Jasper and may enforce such ordinance by imposing penalties for violation thereof. (c) The council, by ordinance, may change, create, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.17. Chief executive officer . The mayor shall be the chief executive of the City of Jasper. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers granted to him in this charter. Section 2.18. Duties of mayor . As the chief executive officer of the City of Jasper, 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 and all other contracts and instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (7) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (8) Call special meetings of the council as provided for in Section 2.21 of this charter;
Page 3545
(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; and (13) Perform other duties as may be required by law, this charter, or ordinance. Section 2.19. Mayor pro tem . During the absence or disability of the mayor for any cause, the mayor pro tem or, in his absence or disability for any cause, one of the council members chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. Section 2.20. Organization meeting . (a) The council shall meet for organization on the first Monday of the month following the city elections. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members by the mayor, or mayor pro tem, or anyone authorized to administer oaths, as follows: I do solemnly swear that I will well and truly perform the duties of mayor (or council member, as the case may be) of the City of Jasper and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) Following the induction of new members, the council, by majority vote of all the members thereof, shall elect one of their number to be mayor pro tem, who shall serve for a term of two years and until his successor is elected and qualified.
Page 3546
Section 2.21. Regular and special meetings . (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or, in his absence, the mayor pro tem. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residences at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all council members are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the special meeting shall also constitute waiver of notice. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.22. Rules of procedure . The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.23. Quorum, voting . The mayor or mayor pro tem and three council members shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the council shall have the right to request a roll-call vote. The affirmative vote of a majority shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor shall be prohibited from voting upon any question except in the case of a tie vote of the council members. 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
Page 3547
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 Jasper hereby ordains..... (b) An ordinance may be introduced by any member of the council and shall be read twice at two separate meetings before being accepted or rejected by the council. Section 2.25. Emergency ordinances . To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing 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 2.26. Codes of technical regulations . The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.27. Section 2.27. Signing, authenticating, recording, codifying, printing . (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption.
Page 3548
(b) The council may provide for the preparation of a general codification of all of the ordinances of the city. The general codification shall be published promptly, together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Jasper, Georgia. Copies of the code shall be available to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the council. (c) The council shall cause each ordinance and each amendment of this charter to be printed promptly following its adoption. Following publication of the first Code of the City of Jasper and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. ARTICLE III EXECUTIVE BRANCH Section 3.10. Administrative and service department . (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be
Page 3549
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 appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Boards, commissions, and authorities . (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and by ordinance shall establish the composition, period of existence, duties, and powers thereof. (b) No member of any board, commission, or authority shall hold any elective office in the city. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council.
Page 3550
(f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairman and one of its members as vice-chairman for terms of one 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 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.
Page 3551
Section 3.15. City tax collector . The council may appoint a 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 this state 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; pay plan . The council may prepare a position classification and pay plan. Said plans may apply to all the employees of the City of Jasper and to any of its agencies and departments. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.19. Personnel policies . The council may adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Jasper.
Page 3552
ARTICLE IV JUDICIAL BRANCH Section 4.10. Recorder's court; creation . There is established a court to be known as the Recorder's Court of the City of Jasper 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. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the recorder of said court. Section 4.11. Recorder . No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years. The recorder shall serve at the direction of the council. The compensation of the recorder shall be fixed by the council. Section 4.12. Convening . The recorder's court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers . (a) The recorder's court shall try and punish for crimes against the City of Jasper and for violations of its ordinances. The recorder's court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $150.00 or five days in jail, or both. The recorder's 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 may sentence any offender upon conviction to labor on the streets, sidewalks, squares, or other public works. (b) The recorder's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to
Page 3553
reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (c) The recorder's court shall have the authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash, personal property, or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the recorder presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and the defendant fails to appear at the time and place fixed for trial, the cash so deposited, on order of the recorder, shall be forfeited to the City of Jasper or the property so deposited shall have a lien against it for value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by state law. (g) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Jasper 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 Pickens County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and
Page 3554
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 have waived any such right. An appeal to the superior court shall be a de novo proceeding. ARTICLE V ELECTIONS Section 5.10. Regular elections . (a) The regular municipal elections for the City of Jasper shall be held on the first Saturday in December in each odd-numbered year. A mayor and three council members shall be elected at the election held in 1983 and every four years thereafter and two council members shall be elected at the elections held in 1985 and every four years thereafter. (b) An election for a one-year term shall be held in December, 1984 to fill the two council positions of the council members whose terms expire in January, 1985. Section 5.11. Qualifying; voting procedures . The council, by ordinance, may prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of the elections in the City of Jasper. Section 5.12. Applicability of general laws . The procedure and requirements for election of all elected officials for the City of Jasper as to primary, special, or general elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code. 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 one year 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 Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code.
Page 3555
Section 5.14. Grounds and procedures for removal of elected officers . The council, by ordinance, may set forth the grounds and procedure for the removal of elected officials of the City of Jasper. ARTICLE VI FINANCE AND FISCAL Section 6.10. Property taxes . All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Jasper. 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 a sufficient levy to pay principal and interest on general obligations. Section 6.12. Tax due dates and tax bills . The council shall provide by ordinance when the taxes of the city shall fall due, when such taxes shall be paid, whether they may be paid in installments or in one lump sum, and when, how, and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of delinquent taxes . The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of federal, 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.
Page 3556
Section 6.14. Licenses, occupational taxes, excise taxes . The council shall have full power to levy by ordinance such license or specific or occupation taxes upon the residents of Jasper, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any lawful way; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations necessary or proper to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer service charge . The council may provide by ordinance for the assessment and collection of fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the city, said fees to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and city property taxes and enforceable in the same manner and under the same procedures as in a lien for city property taxes. Section 6.16. Sanitary and health services charge . The council shall have the authority to levy and collect by ordinance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city and benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
Page 3557
Section 6.17. Special assessments . The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 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 a 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 6.18. 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 law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.19. General obligation bonds . The council shall have the power to issue bonds 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 6.20. Revenue bonds . Revenue bonds may be issued by the council as provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law, as now or hereafter amended or by any other Georgia law as now or hereafter provided. Section 6.21. Short term notes . Pursuant to applicable state law, the city may obtain temporary loans between January 1 and December 31 each year.
Page 3558
Section 6.22. Fiscal year . The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting for every office, department, institution, agency, and activity of the city government unless otherwise provided by state or federal law. Section 6.23. 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 6.24. 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; provided, however, that any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.25. 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 6.26. Centralized purchasing . (a) The council, by ordinance, may prescribe procedures for a system of centralized purchasing for the City of Jasper. (b) The council may sell and convey any real or personal property owned or held by the City of Jasper 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
Page 3559
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 that the city has in such property notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official bonds . The officers and employees, both elected and appointed, of the City of Jasper shall execute such official bonds in such amounts and upon such terms and conditions as the council may require from time to time. Section 7.11. Existing ordinances and regulations . Existing ordinances and resolutions of the City of Jasper 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 the departments or agencies of the City of Jasper not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 7.12. Pending matters . Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings initiated under the former charter of the City of Jasper shall continue, and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or office as may be provided by the city council. Section 7.13. Construction . (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not.
Page 3560
(c) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.14. Penalties . The violations of any provisions of this charter for which penalty is not specifically provided herein is declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 90 days, or both. Section 7.15. Specific repealer . An Act incorporating the City of Jasper in the County of Pickens, approved December 22, 1953 (Ga. L. 1953, p. 206), as amended, is repealed in its entirety. Section 7.16. Existing officials . The mayor and council members in office on the effective date of this charter shall continue in office until the expiration of the terms to which they were elected unless otherwise removed prior to the expiration of such terms. Section 7.17. Repealer . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Legislation Providing a New Charter for the City of Jasper. Lee Newton, Mayor of the City of Jasper, pursuant to the authority and directive of a resolution passed by the unanimous vote of the City Council of the City of Jasper on December 13, 1982, hereby gives notice of his intent to have legislation introduced at the 1983 Session of the General Assembly to repeal the present City Charter and adopt a new charter for the City of Jasper. Copies of the proposed new city charter are filed with the City Clerk at Jasper City Hall and with the Clerk of Pickens Superior Court for examination and inspection by the public. Lee Newton Mayor, City of Jasper
Page 3561
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 is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: December 16, 23, 30, 1982. /s/ W. G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 27th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983. CITY OF CANTONCORPORATE LIMITS. No. 15 (House Bill No. 334). AN ACT To amend an Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, so as to change the
Page 3562
corporate limits thereof; 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 Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, is amended by adding immediately following Section 2 thereof a new Section 2A to read as follows: Section 2A. In addition to any other property within the corporate limits of the City of Canton, those corporate limits shall include all of the right of way of Interstate Highway 575 in Cherokee County beginning at the width of the right of way of that highway as formed by a line perpendicular to the boundaries of that right of way and intersecting centerline station number 481+83.77, then proceeding northeasterly along the right of way of that highway; and ending at the width of that highway as formed by a line perpendicular to the boundaries of that right of way and intersecting centerline station number 788+00, as such right of way and centerline station numbers are specified in right of way plans for Interstate Highway 575 as filed in the state department of transportation. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be a bill introduced in the 1983 Georgia General Assembly to extend the City limits of the City of Canton. 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 is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following dates: December 15, 22, 29, 1982.
Page 3563
/s/ W. G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 27th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983. CITY OF MARIETTADOWNTOWN DEVELOPMENT AUTHORITY ACT AMENDED. No. 17 (House Bill No. 607). AN ACT To amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, so as to provide for enlargement of the Downtown Marietta District; to provide for a larger Downtown Marietta District for certain governmental buildings and other purposes; to provide 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. L. 1971, p. 3459), as amended, is amended by adding at the end of Section 3 thereof the following:
Page 3564
Also, all that tract or parcel of land lying and being in Land Lot 1290 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the West side of Powder Springs Street 346 feet South of the intersection thereof with the South side of Reynolds Street, and running thence South along Powder Springs Street 700 feet, more or less, to the North side of Griggs Street; running thence West along Griggs Street 132 feet to a point and corner; running thence North along the rear lines of those lots fronting on Powder Springs Street 620 feet, more or less, to the South boundary of the Downtown Marietta District; running thence East along the South boundary of the Downtown Marietta District 294.3 feet to the point of beginning. Also, all that tract or parcel of land lying and being in Land Lot 1216 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, being more particularly described as follows: Beginning at the intersection of the center lines of Lawrence Street and Cole Street (Cole Street being the existing East boundary of the Downtown Marietta District), and running thence North along Cole Street 200 feet to a point and corner; running thence East 130 feet, more or less, along the North line of the corner lot to a point and corner; running thence South along the East line of said corner lot 200 feet to the center line of Lawrence Street; continuing thence South along the East line of properties fronting on Cole Street 200 feet, more or less, to the North line of the Johnson property; running thence West along the North line of the Johnson property 120 feet, more or less, to the center line of Cole Street; running thence North along the center line of Cole Street and the East boundary of the District 200 feet to the point beginning. Section 2 . Said Act is further amended by adding following Section 3 thereof a new Section 3A to read as follows: Section 3A. For the purpose of any Project to be owned, leased or occupied by any governmental agency or agencies for at least 50 percent of its floor space, the Downtown Marietta District shall also include the entire City Limits, as now or hereafter constituted, of the City of Marietta, provided this shall not extend the taxing district of the Authority beyond the boundaries set forth in Section 3 of the Act.
Page 3565
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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 3450), as heretofore amended, and for other purposes. This 31st day of Dec. 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local
Page 3566
Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983. GWINNETT COUNTYCOMPOSITION OF ELECTION DISTRICTS FOR COMMISSIONERS. No. 18 (House Bill No. 636). AN ACT To amend an Act creating a new board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3113), so as to change the composition of the districts from which members of the board are elected; to provide for the election of members therefrom; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 3567
Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3113), is amended by striking Section 3, relating to commissioner districts, and inserting new Sections 3 and 3.1 to read as follows: Section 3. (a) The commission established herein shall consist of four members and a chairman. The chairman shall be elected by the qualified voters of the entire county and may reside in any district in Gwinnett County, but each candidate for membership on the commission shall be a resident of the commissioner district hereinafter created, which he offers to represent, excluding the chairman, and shall be elected by the qualified voters of said district. For the purpose of electing commission members, Gwinnett County is hereby divided into four commissioner districts to be constituted and designated as follows: Commissioner District No. 1 Precincts 404, 444A, 444B, 544A, 544B, 544D, 550A, 550B, 1263, 1397, 1587, 1604, and 1749 Commissioner District No. 2 Precincts 405B, 405E, 406A, 406B, 406C, 406E, 406F, 406G, and 406H Commissioner District No. 3 Precincts 405C, 408A, 408C, 408D, 408E, 571A, 571B, 1295B, and 1578 Commissioner District No. 4 Precincts 405A, 405D, 405F, 406D, 407A, 407B, 407C, 408B, 478, 544C, 1295A, and 1564
Page 3568
(b) As used in subsection (a) of this section the term `precinct' refers to the precinct designated by the same number on the official precinct map of Gwinnett County filed by the election superintendent of Gwinnett County with the Secretary of State and on file in the office of the Secretary of State on February 15, 1983. (c) Any part of Gwinnett County which is not included in any commissioner district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 3.1. (a) Not sooner than July 1, 1983, and not later than ten days after July 1, 1983, the election superintendent of Gwinnett County shall issue the call for a special primary for the purpose of nominating members of the board from Commissioner Districts No. 2 and No. 4. The date of the special primary shall be set for a date not less than 30 and not more than 60 days after the date of the call. (b) After the special primary there shall be held a special primary run-off election, if necessary, and a special election for these offices pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' (c) The members of the board from Commissioner Districts No. 2 and No. 4 elected pursuant to subsection (a) of this section shall take office immediately following their election for a term of office ending on December 31, 1986. (d) The members of the board from Commissioner Districts No. 1 and No. 3 in office on the effective date of this subsection shall serve out the terms for which they were elected, such terms expiring on December 31, 1984. (e) Future members of the board shall be elected for terms of four years beginning on the first day of January next following their election. Members from Commissioner Districts No. 1 and No. 3 shall be elected in 1984 and quadrennially thereafter. Members from Commissioner Districts No. 2 and No. 4 shall be elected in 1986 and quadrennially thereafter. Section 2 . This Act shall become effective July 1, 1983.
Page 3569
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend the Act creating the Gwinnett County Board of Commissioners (Georgia Laws 1966, p. 2003, et seq.), as amended and for other purposes. This the 9th day of December, 1982. James A. Henderson Attorney for Gwinnett County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Martin, who, on oath, deposes and says that he is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 12, 19, 26, 1983. /s/ Charles C. Martin Representative, 60th District
Page 3570
Sworn to and subscribed before me, this 15th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983. HALL COUNTYEXPENSE ALLOWANCES FOR COMMISSIONERS. No. 19 (House Bill No. 674). AN ACT To amend an Act creating a board of commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2640), so as to authorize certain expense allowances for members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2640), is amended by striking Section 12, which reads as follows: Section 12. The compensation of each member of the Board of Commissioners shall be $5,400.00 per annum, payable in equal monthly installments. However, the Chairman of the Board shall receive $6,600.00 per annum, payable in the same manner. Members of the Board of Commissioners shall not be entitled to any expenses
Page 3571
incurred within the county in the performance of their official duties., in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. (a) Each member of the board of commissioners shall receive an annual salary of $5,400.00, payable in equal monthly installments. The chairman of the board of commissioners shall receive an annual salary of $6,600.00, payable in equal monthly installments. (b) For each official meeting of the board, the chairman and each member of the board shall be authorized to receive an expense allowance equal to the daily expense allowance provided by law for members of the General Assembly but shall be authorized to receive the same for not more than four meetings 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Hall County (Ga. L. 1935, page 661 et seq.) as amended, so as to authorize per diem allowances to the members of the Board of Commissioners of Hall County; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the
Page 3572
attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following dates: December 23, 30, 1982. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 19th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Hall County (Ga. L. 1935, page 661 et seq.) as amended, so as to authorize per diem allowances to the members of the Board of Commissioners of Hall County; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tribune which is the official organ of Hall County, on the following dates: January 5, 1983. /s/ Joe T. Wood Representative, 9th District
Page 3573
Sworn to and subscribed before me, this 18th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983. GWINNETT COUNTYEDUCATION DISTRICTS. No. 20 (Senate Bill No. 219). AN ACT To amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), so as to provide for new and different districts and the election of members therefrom; to provide for all related matters; 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 relating to education districts for the election of members of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), is amended by striking Section 1 and inserting in its place new Sections 1 and 1.1 to read as follows: Section 1. (a) The provisions of this section shall govern the election of all members of the Board of Education of Gwinnett County who are elected at any time after July 1, 1983. Each successor shall be elected from and by the voters of the education district described in this Act which is designated by the same district number
Page 3574
as the district of the previous member. Future members shall be elected in the same manner. Except as otherwise provided in Section 1.1 of this Act, all members shall be elected at the general election next preceding the expiration of the term of the member they will replace; and terms of all members shall be for four years beginning on the first day of January next following their election. (b) The five education districts for the election of members of the board shall consist of the following territory within Gwinnett County: Education District No. 1 Gwinnett County Tract 505.01 Block Group 1 Blocks 703, 704, 712, 716 through 718, 720, 722 through 724, 728 through 731, 798, and 799 Tract 505.03 Those parts of Blocks 207, 208, and 214 within the City of Lawrenceville Tracts 505.04 and 505.05 Tract 506 Those parts of Blocks 324 and 331 through 333 within the City of Dacula Block 334 That part of Block 335 within the City of Dacula Blocks 336 through 341 That part of Block 342 within the City of Dacula Block Groups 4 and 5 Block 999 Tract 507.01 Block Groups 1 through 3 Tract 507.03 That part of Block 102 outside the City of Snellville Blocks 105 through 109 That part of Block 110 outside the City of Snellville
Page 3575
Blocks 111 through 113 and 201 That part of Block 206 outside the City of Snellville Blocks 210 and 211 That part of Block 212 outside the City of Snellville Block 213 That part of Block 214 outside the City of Snellville Tract 507.05 Block Groups 1 and 2 Education District No. 2 Gwinnett County Tract 501 That part of Block 101 outside the City of Buford Blocks 102 through 105 That part of Block 106 within the City of Rest Haven That part of Block 106 outside the City of Buford and the City of Rest Haven Those parts of Blocks 107 through 110 outside the City of Buford Block 111 That part of Block 112 outside the City of Buford Block 113 That part of Block 114 outside the City of Buford Block 115 Those parts of Blocks 116 through 118 and 120 outside the City of Buford That part of Block 126 outside the City of Buford and the City of Rest Haven That part of Block 126 within the City of Rest Haven That part of Block 127 outside the City of Buford Block 128
Page 3576
That part of Block 201 outside the City of Buford Blocks 202 through 204 Those parts of Blocks 205 through 209 outside the City of Buford Blocks 210 through 215 Those parts of Blocks 216 through 221 and 223 outside the City of Buford That part of Block 224 outside the City of Buford and the City of Sugar Hill That part of Block 224 within the City of Sugar Hill Blocks 225 through 235 That part of Block 236 outside the City of Buford and the City of Sugar Hill That part of Block 236 within the City of Sugar Hill Block 237 Those parts of Blocks 301, 304, and 314 outside the City of Buford That part of Block 315 outside the City of Buford and the City of Sugar Hill That part of Block 315 within the City of Sugar Hill That part of Block 337 outside the City of Buford and the City of Sugar Hill Blocks 338 through 340 That part of Block 423 outside the City of Buford That part of Block 435 outside the City of Buford and the City of Sugar Hill That part of Block 435 within the City of Sugar Hill Those parts of Blocks 436, 439, 440, 444 through 446, 448, and 449 outside the City of Buford Blocks 501 through 530
Page 3577
That part of Block 531 outside the City of Buford and the City of Sugar Hill That part of Block 531 within the City of Sugar Hill Blocks 532 through 534 and 536 Those parts of Blocks 602 through 605 outside the City of Buford Blocks 606 through 610 Tract 506 Blocks 101 and 102 That part of Block 103 outside the City of Buford Block 104 Those parts of Blocks 105 and 106 outside the City of Buford Blocks 107 through 115 That part of Block 116 outside the City of Buford Blocks 117 through 134 That part of Block 135 outside the City of Buford Blocks 136 through 156 Block Group 2 Blocks 302 through 323 That part of Block 324 outside the City of Dacula Blocks 325 through 330 Those parts of Blocks 331 through 333, 335, and 342 outside the City of Dacula Blocks 343 through 347 Tract 502.01 Tract 502.02 Tract 505.01 Block Groups 2 through 4 Blocks 701, 705 through 711, 713 through 715, and 725 through 727 Tract 505.02 That part of Tract 505.03 outside the City of Lawrenceville
Page 3578
Education District No. 3 Gwinnett County Tracts 503.01 through 503.03 and 504.01 Tract 504.02 Blocks 304 through 306 and 309 Education District No. 4 Gwinnett County Tract 504.05 Tract 507.01 Block Group 4 Tract 507.02 Tract 507.03 That part of Block 102 within the City of Snellville Blocks 103 and 104 That part of Block 110 within the City of Snellville Blocks 202 through 205 That part of Block 206 within the City of Snellville Blocks 207 through 209 Those parts of Blocks 212 and 214 within the City of Snellville Block Groups 3 through 8 Tract 507.04 Education District No. 5 Gwinnett County Tract 504.02 Block Groups 1 and 2 Blocks 301 through 303, 307, 308, and 310 through 314 Block Groups 4, 5, and 9 Tracts 504.03 and 504.04 (c) For the purposes of this Act: (1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical
Page 3579
boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of the Gwinnett County School District which is not included in any education district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 1.1. (a) Not sooner than July 1, 1983, and not later than ten days after July 1, 1983, the election superintendent of Gwinnett County shall issue the call for a special primary for the purpose of nominating members of the board from Education Districts No. 2 and No. 4. The date of the special primary shall be set for a date not less than 30 and not more than 60 days after the date of the call. (b) After the special primary there shall be held a special primary run-off election, if necessary, and a special election for these offices pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' (c) The members of the board from Education Districts No. 2 and No. 4 elected pursuant to subsection (a) of this section shall take office immediately following their election for a term of office ending on December 31, 1986. (d) The members of the board from Education Districts No. 1, No. 3, and No. 5 in office on the effective date of this subsection shall serve out the terms for which they were elected, such terms expiring on December 31, 1984. (e) Future members of the board shall be elected for terms of four years beginning on the first day of January next following their election. Members from Education Districts No. 1, No. 3, and No. 5 shall be elected in 1984 and quadrennially thereafter. Members from Education Districts No. 2 and No. 4 shall be elected in 1986 and quadrennially thereafter.
Page 3580
Section 2 . This Act shall become effective July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a Bill to provide for new and different education districts from which members of the Board of Education of Gwinnett County are elected, to provide for the election of members from such districts and to provide for related matters thereto and for other purposes. Board of Education 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 is Senator from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 12, 19, 26, 1983. /s/ R. T. Phillips Senator, 9th District
Page 3581
Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983. CITY OF DORAVILLEMAYOR AND COUNCIL TERMS OF OFFICEREFERENDUM. No. 22 (House Bill No. 729). AN ACT To amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), so as to change the term of office for the mayor and members of the council; to provide for elections; to provide for other matters relative thereto; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), is amended by striking subsection (b) of Section 5.08 thereof in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) The three members of the council who were elected in the general municipal election held in April, 1983, shall continue to hold office until the expiration of the term to which they were
Page 3582
elected and until their successors are elected and qualified as provided in this subsection. (2) On the first Saturday in April, 1985, a general municipal election shall be held for the offices of the three council members whose terms of office expire as provided in paragraph (1) of this subsection. Members elected in 1985 and their successors shall be elected to serve for a term of four years and until their successors are elected and qualified. (3) In April, 1989, and every four years thereafter, a general election shall be held for the offices of the three council members whose terms of office are to expire. This election shall be held at large throughout the city but the candidates shall run from city election districts, as provided in this charter, and each candidate shall reside in the district which he seeks to represent. Individuals elected at such elections shall take office on the first day of May next following such election. Section 2 . Said Act is further amended by striking from subsection (c) of Section 5.08 thereof the following language: (c) The Mayor and the two members of the Council whose terms of office are due to expire December 31, 1973, shall continue to hold office until their successors are duly qualified and elected in April, 1974, and subsequently take office in May, 1974. On the first day Saturday in April, 1974, a general election shall be held for the offices of the Mayor and the two councilmen whose terms of office are expiring as provided above, as well as for the newly created office which is expiring in April, 1974. Every two years thereafter, a general election shall be held for the offices of the Mayor and the three Councilmen whose terms of office are expiring. The candidate for mayor who receives a majority of the votes cast in said election and the three candidates for councilmen who receive a majority of the votes cast in their respective elections shall be elected for terms of office of two years each and until their successors are duly elected and qualified. The three councilmen to be elected in April of odd numbered years shall be for Post One from each respective city election district as hereinafter described. The three councilmen to be elected in April of even numbered years shall be for Post Two from each respective city election district as hereinafter described.,
Page 3583
and inserting in lieu thereof the following language: (c) (1) The mayor and the three members of the council who were elected in the general municipal election held in April, 1982, shall continue to hold office until the expiration of the term to which they were elected and until their successors are elected and qualified as provided in this subsection. (2) On the first Saturday in April, 1984, a general municipal election shall be held for the office of the mayor and the offices of the three council members whose terms of office expire as provided in paragraph (1) of this subsection. Members elected in 1984 shall be elected to serve for an initial term of three years and until their successors are elected and qualified. Successors to the mayor and three council members elected as provided in this paragraph shall be elected to serve for a term of office of four years and until their successors are elected and qualified. (3) In April, 1987, and every four years thereafter, a general election shall be held for the mayor and three council members whose terms of office are to expire. This election shall be held at large throughout the city but, as to the council members, the candidates shall run from city election districts, as provided in this charter, and each candidate for the council shall reside in the district which he seeks to represent. Individuals elected at such elections shall take office on the first day of May next following such election. Section 3 . Said Act is further amended by adding at the end of Section 5.08 thereof a new subsection (e) to read as follows: (e) Except as provided in paragraph (2) of subsection (c) of this section, relative to an initial three-year term for the mayor and certain council members, the candidate for mayor who receives a majority of the votes cast in each mayoral election and the candidates for councilmen who receive a majority of the votes cast in their respective elections shall be elected for terms of office of four years each and until their successors are duly elected and qualified. The three councilmen to be elected as provided in subsection (b) of this section shall be for Post One from each respective city election district as provided in this section. The three councilmen to be elected as provided in this subsection (c) of this section shall be for Post Two from each respective city election district as provided in this section.
Page 3584
Section 4 . After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Doraville to issue the call for an election for the purpose of submitting this Act to the electors of the City of Doraville for approval or rejection. The election superintendent shall set the date of the election for the same day in 1983 at which the general municipal election is held and shall issue the call for the election at least 30 days prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Doraville. The ballot shall have written or printed thereon the following: () YES () NO Shall an Act changing the terms of office for certain members of the council of the City of Doraville from two-year terms to four-year terms and changing the terms of office for the mayor and certain members of the council of the City of Doraville from two-year terms to initial three-year terms and thereafter four-year terms and providing for elections and other matters relative thereto be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by City of Doraville. 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 repealed.
Page 3585
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154); and for other purposes. This the 31st day of January, 1983. Chesley Morton Representative, 47th District Publisher's Certificate. Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, co-publisher of 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-Create new charter for City of Doraville, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3, 10, 17th days of February, 1983. /s/ Gerald W. Crane Co-Publisher /s/ Linda L. Orr Agent
Page 3586
Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Linda L. Orr Notary Public. My Commission Expires June 21, 1985. (Seal). Approved March 3, 1983. CITY OF TYBEE ISLANDCHARTER AMENDMENTSREFERENDUM. No. 24 (House Bill No. 395). AN ACT To amend an Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2877) and by an Act approved March 17, 1978 (Ga. L. 1978, p. 4093), so as to change the provisions relating to the governing body of said city; to change the provisions relating to fines authorized to be imposed by the recorder's court; 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 incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2877) and by an Act approved March 17, 1978 (Ga. L. 1978, p. 4093), is amended by striking the word councilman or councilmen wherever the same appear in said Act and inserting in lieu thereof the word councilperson or councilpersons, respectively.
Page 3587
Section 2 . Said Act is further amended by striking Sections 19 and 20 in their entirety and substituting in lieu thereof new Sections 19 and 20 to read as follows: Section 19. On the first Tuesday in November of each oddnumbered year, beginning in 1983, a regular election shall be held in the City of Tybee Island at the city hall or at such other place or places as the city council may designate for the election of a mayor and six councilpersons, who shall have the qualifications specified in this charter to hold such office. Any incumbent mayor or incumbent councilperson who shall qualify as a candidate and meet the qualifications to hold such office may be a candidate to succeed himself or herself for office or for office as a member of the city council. Section 20. The mayor and six councilpersons who shall be elected at the regular elections provided for by Section 19 of this charter and who shall be qualified at the time to assume the office to which elected shall take office on the first Monday in December immediately following the regular election, beginning in 1983, or as soon thereafter as possible upon the completion of the election and shall serve for terms of two years and until their successors are elected and qualified. The terms of office of the mayor and councilpersons which would expire on June 30, 1984, under previously existing provisions of this charter are shortened to expire on the first Monday in December, 1983, or upon the mayor and six councilpersons who are elected at the 1983 regular election taking the oath of office. Section 3 . Said Act is further amended by striking subsection (c) of Section 44 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The judge or other presiding officer in the court shall have full power and authority to sentence, upon conviction for violation of the city ordinance or upon conviction of a state law where jurisdiction is inherent, applicable or waived, any offender to labor upon the streets or other public works in said city for a period not exceeding 12 months or to confinement or imprisonment in the city or county prison for a period not exceeding 12 months or to impose a fine not exceeding $1,000.00; and one or more of said penalties or any part of one or all of them may be imposed in the discretion of the presiding judge.
Page 3588
Section 4 . Not less than ten nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Tybee Island to issue the call for an election for the purpose of submitting this Act to the electors of the City of Tybee Island for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for election of the mayor and councilpersons of the City of Tybee Island in oddnumbered years beginning in 1983 and shortening terms of office in connection therewith and changing provisions relative to penalties for the violation of city ordinances 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 City of Tybee Island. 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 repealed. Notice is hereby given that the undersigned will, during the 1983 session of the Georgia General Assembly, introduce legislation pertaining to and affecting the charter of the town of Tybee Island, Georgia; to include the changing of certain charter provisions, the
Page 3589
changing of the terms of office for Mayor and Council, the changing of corporate limits, and for other purposes. A referendum will be required. Bobby Phillips Representative, 125th District 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 is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: January 5, 12, 19, 1983. /s/ Bobby Phillips Representative, 125th District Sworn to and subscribed before me, this 1st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 8, 1983.
Page 3590
TIFTON-TIFT COUNTY CHARTER COMMISSION ACTREFERENDUM No. 26 (House Bill No. 426). AN ACT To create the Tifton-Tift 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 Tifton and Tift County; to provide that the charter commission shall be authorized to study all matters relating to the governments of the City of Tifton and of Tift County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Tift 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 to the qualified voters of Tift 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 other matters connected with the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . This Act shall be known and may be cited as the Tifton-Tift 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, Act number 138 (House resolution number 563) as set forth in Georgia Laws 1982, pages 2556-2562, of the General Assembly and ratified at the general election held on November 9, 1982.
Page 3591
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 Tifton-Tift County Charter Commission provided for in this Act. (2) Governing authority of Tift County shall mean the Board of Commissioners of Tift County. (3) Governing authority of the City of Tifton shall mean the city commission of the City of Tifton. Section 3 . (a) There is created the Tifton-Tift County Charter Commission which shall consist of 31 members who shall be the following individuals: Mr. Henry Sutton Mr. Homer Rankin Mr. Heck Dodson Mr. Amos Marchant Mr. John Henry Davis Mr. Russell Doss Mr. Huie Bowen Mr. Jimmy Echols Ms. Maryanne Hill Mr. Paul Fulwood III Mr. Harold Harper Mr. Virgil Gill Mr. Henry Banks Allen Ms. Julie Hunt Mr. Ernie Yates Mr. Mike Jackson Mr. Larry Mims Dr. Frank Thomas Mr. Wasdon Graydon, Jr. Ms. Eunice Mixon Mr. Gene Radford Mr. Glen Taylor Mr. John Bassett Mrs. Solomon Nixon Mr. Marvin Moore Mr. Jack Jones Mr. Bob Burnett Mr. W. Ches Smith IV Mr. J. T. Sumner Mr. Willard Dunn Mr. E. Ray Jensen (b) Mr. Henry Sutton shall act as temporary chairman of the charter commission until such time as the commission holds its organizational meeting and elects a permanent chairman. (c) If a vacancy shall occur on said commission for any reason, the remaining members of the charter commission shall, within 30 days of any such vacancy, appoint an individual to fill such vacancy. To be eligible for appointment, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period
Page 3592
of two years and a resident of Tift County for a period of one year prior to the time of appointment. Notwithstanding the foregoing, any vacancy which occurs within 90 days prior to the submission of the proposed charter to the Tift County Board of Elections as provided in Section 9 of this Act need not be filled but may, at the option of the commission, be filled in its discretion. (d) Fifteen members of the charter commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which may, at the discretion of the charter commission, be appointed. Fifty percent of the number of members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (e) The charter commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (f) All persons who shall, from time to time, serve as members of the charter commission and all employees and staff hired by the charter commission from time to time shall be afforded coverage, and shall be included in the insured class, under the provisions of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of Tift County extending to members of such governing authority of Tift County what is commonly referred to as Public Official's Liability Insurance Coverage to the same extent and with identical coverage and limits as afforded to the individual members of the governing authority of Tift County. Any additional premium amounts payable by Tift County due to the extension of such coverage to the members of the charter commission and its employees and staff shall be paid one-half by Tift County and one-half by the City of Tifton, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act.
Page 3593
(g) The governing authority of Tift County and the governing authority of any county-wide government created under a charter adopted pursuant to this Act is authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is adopted. Section 4 . (a) The charter commission shall hold an organizational meeting within 21 days after the date this Act becomes effective. The temporary chairman of the charter commission shall call such organizational meeting. The first order of business at the organizational meeting shall be the election of a permanent chairman who shall be elected by a majority vote of the full membership of the charter commission. In calling the organizational meeting, the temporary chairman of the charter commission shall designate the date, time, and place that the organizational meeting shall be held. (b) After organization and the election of a permanent chairman, the charter commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of 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 Tifton and Tift County and in drafting a charter. The charter commission shall not employ any person who holds any elective public office. (c) The members of the charter commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed 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 Tifton and the governing authority of Tift County are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. The said governing authorities shall initially appropriate not less than $15,000.00 each for the charter commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairman of the charter commission for
Page 3594
amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter commission provided that such additional expenditures shall be first approved by both governing authorities. (d) The charter commission is also authorized to solicit, receive and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (e) All public officials and employees of Tift County and the City of Tifton upon request shall furnish the charter commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter commission for it to carry out its duties, except for information that is confidential or privileged by law, and shall furnish such other assistance and aid to the commission as it shall request; and shall also appear and give testimony at the request of the commission before the commission or any of its committees, subcommittees, or advisory committees. Section 5 . The commission shall be authorized to study all matters relating to the governments of the City of Tifton and Tift County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Tift County. The charter commission shall draft a proposed charter creating a single county-wide government, which government shall supersede and replace the existing governments of the City of Tifton and Tift County and may also supersede and replace any public authorities and special service districts located and operating within Tift County. Section 6 . (a) The charter so drafted shall be submitted to the qualified voters of Tift County for approval or rejection at the referendum provided for in Section 10 of this Act. (b) The General Assembly 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.
Page 3595
(1) The charter shall provide for the abolishment of the existing governments of the City of Tifton and Tift County and for the creation of a new single government which may have all powers formerly exercised by the City of Tifton and Tift 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 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. (2) The charter may authorize the new government to continue 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 that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs. (3) The charter may provide for the abolishment, modification, consolidation, or merger of any city and county courts and any other courts including courts created in lieu of constitutional courts presently existing in the City of Tifton and Tift County, except for the Superior Court, the Probate Court, and the State Court of Tift County, and for the creation of one or more new courts having the jurisdiction and powers of the former courts or for the transfer of jurisdiction and functions from one such court to another or others in such manner as said charter shall provide. (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Tift County whether created by law or by provisions of the Constitution of the State of Georgia, and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide. (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices, including coroner, county surveyor, tax commissioner, or positions of public employment of the City of Tifton and Tift County and
Page 3596
any public authorities or special service districts located or operating within Tift 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, their powers, duties, terms of office, manner and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. 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 for any matters necessary or incidental thereto. (8) The charter may provide for the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by the county-wide government in accordance with the kind, character, type, and degree of services provided by the government within those taxing districts. The charter may provide that the rate and manner of taxation may vary in any one district from that in another or other districts and 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 such taxing districts established shall reflect the services received and that the governing authority of the new county-wide government shall periodically revise districts as changes in conditions and in services rendered, in its judgment, may require. (9) 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 altered by said charter and 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.
Page 3597
(10) 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 are merged with the new county-wide government or are altered by the charter. (11) 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. (12) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an 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 session laws. (13) 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 Tifton and Tift 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 the commission 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 Tifton and
Page 3598
Tift County and any authorities or special services districts merged into the new government; and (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 sum total of the budget of the City of Tifton for its last full fiscal year prior to the date of the call for the referendum on such charter as herein provided and the budget of Tift County for its last full fiscal year prior to the date of the call for the referendum on such charter as herein provided 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 such budget shall be attached to and incorporated in the proposed charter. Expenditures made by the new government during its first fiscal year which exceed the limitation provided for in this paragraph shall be unlawful. (d) The charter commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees, to compel witnesses to testify thereat, and to subpoena of any person or entity all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairman or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Superior Court of Tift County. The judge of said court shall have the same power and jurisdiction to punish the person cited for contempt and to require
Page 3599
and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act the charter commission and the charter proposed by the commission and subsequently adopted may not: (1) Alter or affect the status of the Tift County School District and the Tift County Board of Education or any provision by which such named agency is authorized or preserved or to transfer any of its powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights existing at the time of the ratification of the amendment authorizing this legislation; (3) Abolish the office of sheriff; (4) Affect the status of any incorporated municipality located within Tift County other than the City of Tifton or the status or relationship that such other incorporated municipalities bear to Tift County and the City of Tifton. All such relationships which existed with such other incorporated municipalities prior to the adoption of the charter shall continue to the same extent with any newly created county-wide governing authority that may be created by such charter. It is specifically provided, however, that this limitation shall not be construed to act as a limitation on the authority of the General Assembly to enact any law relating to such other incorporated municipalities which it had the authority to enact prior to the adoption of this Act; or (5) Impair or diminish any homestead or other exemptions from taxation now or hereafter existing under the Constitution of the State of Georgia. (f) Neither this Act nor any charter which may be adopted pursuant to this Act shall be construed to limit or remove the existing power of the General Assembly to abolish or modify any municipality in Tift County. None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the school district, board of education, office of sheriff, pension rights, incorporated municipalities, and homestead exemptions which existed prior to the adoption of this Act.
Page 3600
(g) The powers herein granted to the charter commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. Section 7 . The charter commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of the City of Tifton and Tift 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 Tift County once a week for the two weeks immediately preceding the week during which the public hearings are held. The charter commission is authorized to hold more than three public hearings if it determines that additional public hearings are desirable. Section 8 . (a) The charter commission shall complete its studies and shall prepare, complete, and file the charter within 12 months after the date of its initial meeting; provided, however, the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Tifton and by a similar resolution being duly adopted by the governing authority of Tift County and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any federal court or courts. (b) Certified copies of the charter shall be filed by the charter commission with the clerks of the governing authorities of the City of Tifton and Tift County and shall be authenticated by the signature of the chairman of the charter commission. Such 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 Tift 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.
Page 3601
(d) The charter commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter commission and prior to the time of filing or submission thereof as herein provided, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter commission to the Department of Justice to obtain approval by the Department of Justice shall not prevent the charter commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereto and the charter commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for United States Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval. Section 9 . (a) A certified copy of the proposed charter shall be submitted by the commission to the Tift County Board of Elections; and it shall be the duty of that board to call and hold a special referendum election for ratification or rejection of the proposed charter as provided in Section 10. (b) The charter commission shall be abolished by operation of law on midnight of the day the special referendum election on the proposed charter is held. Section 10 . (a) Not less than 30 days nor more than 60 days after receipt of the certified copy of the proposed charter and after receipt of approval by the Department of Justice of such proposed charter, it shall be the duty of the Tift 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 Tift County. The ballot shall have written or printed thereon the following:
Page 3602
() YES () NO Shall the charter consolidating the governments of the City of Tifton and Tift 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 Tift County residing within the corporate limits of the City of Tifton and the votes cast on such question by the qualified voters of Tift County residing outside the corporate limits of the City of Tifton shall be counted separately. If more than one-half of the votes cast by the qualified voters of Tift County residing within the corporate limits of the City of Tifton are for approval of the charter and if more than one-half of the total votes cast by all the qualified voters of Tift County 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 Tifton and Tift County. (c) The special election shall be conducted pursuant to the Georgia Election Code, except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used herein, shall mean a voter of Tift County qualified to vote for members of the General Assembly of Georgia. 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 Tifton 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 Tift County who shall attach the same to the copy of the charter previously certified to him.
Page 3603
(e) Whenever a charter for the consolidation of the governments of the City of Tifton and Tift County has been accepted, 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 Tifton and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Tift 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 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 Tifton and Tift 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 13 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 14 . All laws and parts of laws in conflict with this Act are repealed.
Page 3604
Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to create the Tifton-Tift County charter commission to study all matters relating to the governments of the City of Tifton and Tift County and to study all matters relating thereto and to draft a proposed charter creating a single county-wide government to supersede and replace the existing governments of the City of Tifton and Tift County; to provide for the composition, powers, duties, and other matters relating to said commission; and for other purposes. This 10th day of January, 1983. /s/ Honorable Henry Bostick Representative, 138th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick, who, on oath, deposes and says that he is Representative from the 138th 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 15, 22, 29, 1983. /s/ Henry Bostick Representative, 138th District
Page 3605
Sworn to and subscribed before me, this 3rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 10, 1983. THOMAS COUNTY COMMISSIONERSELECTION DISTRICTS. No. 27 (House Bill No. 762). AN ACT To amend an Act creating a board of commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved August 17, 1911 (Ga. L. 1911, p. 501) and an Act approved August 18, 1917 (Ga. L. 1917, p. 394), so as to provide for the election of members of the board and for the districts from which they shall be elected; 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 Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved August 17, 1911 (Ga. L. 1911, p. 501) and an Act approved August 18, 1917 (Ga. L. 1917, p. 394), is amended by repealing in its entirety said amendatory Act of 1917.
Page 3606
Section 2 . Said Act is further amended by striking Section 1, relating to election of the members of the board and inserting in its place a new Section 1 to read as follows: Section 1. (a) There shall be a board of commissioners of Thomas County which shall consist of eight members. (b) Each member of the board shall be a resident of the commissioner district he represents and shall be elected by only the voters of the district he represents. Vacancies shall be filled by the remaining commissioners appointing a resident of the vacant district to serve until the next general election at which general election a successor to fill the unexpired term shall be elected. (c) The terms of the commissioners in office on the effective date of this section shall expire as provided in this subsection. The terms of the commissioners representing Commissioner Districts No. 1, 3, 5, and 7 shall expire on December 31, 1986; and the terms of the commissioners representing Commissioner Districts No. 2, 4, 6, and 8 shall expire December 31, 1984. A successor to each such member and future successors shall be elected at the general election next preceding the expiration of a term of office. The terms of all members shall be for four years beginning on the first day of January next following their election. (d) For purposes of electing members of the board of commissioners, Thomas County is described into eight commissioner districts each of which shall consist of the territory within the following bounds: Commissioner District No. 1. Beginning at a point where the Seaboard Coast Line right of way intersects the city limits line of the City of Thomasville in Land Lot 121 of the 18th District of Thomas County; and thence run easterly along the right of way of said railway to a point where the said right of way intersects Madison Street; thence run northwesterly along Madison Street to West Monroe Street; thence run northeasterly along Monroe Street to a point where it intersects with Mitchell Road; thence run northwesterly along Mitchell Road to a point where it intersects Walcott Street; thence run westerly along Walcott Street to a point where it intersects Dawson Street; thence run northerly along Dawson Street to a point where it intersects Vine Street; thence run westerly along Vine Street to a point where it intersects
Page 3607
the Seaboard Coast Line Railway right of way; thence run northerly along the Seaboard Coast Line right of way to a point where it intersects the city limits line of the city of Thomasville; thence meandering west and south along the city limits and to a point where it intersects the Seaboard Coast Line right of way at the point of beginning. Commissioner District No. 2. Beginning at a point where the Seaboard Coast Line right of way intersects the city limits line of the city of Thomasville in Land Lot 121 of the 18th Land District of Thomas County; and thence run easterly along the margin of the right of way of the said railway to a point where it intersects Broad Street; thence run southerly along Broad Street to the intersection of South Street; thence run southerly along South Street to Augusta Avenue; thence run westerly along Augusta Avenue to Magnolia Street; thence run southerly along Magnolia Street to the city limits of the City of Thomasville, thence meandering westerly and northerly along the city limits of the City of Thomasville to the point of beginning. Commissioner District No. 3. Beginning at a point where the County Line Road intersects the city limits line of the City of Thomasville; thence run northerly along the County Line Road to the Ochlocknee River; thence continuing northerly along the Ochlocknee River northerly to the Colquitt County Line; thence meandering along the Colquitt County Line westerly and northerly to the Mitchell County Line; thence run westerly along the Mitchell County Line to Grady County Line; thence run southerly along the Grady County Line to the Ochlocknee River; thence run northeasterly along the Ochlocknee River to the Seaboard Coast Line right of way; thence run easterly along the Seaboard Coast Line right of way until it intersects the city limits line of the City of Thomasville; thence meandering along the city limits of the City of Thomasville northerly and easterly to the point of beginning. Commissioner District No. 4. Beginning where the County Line Road intersects the City of Thomasville city limits line and thence meandering along the city limits line of the City of Thomasville easterly to the Thomasville-Moultrie public road; run thence northerly along the Thomasville-Moultrie public road to the St. Paul public road; run easterly along the St. Paul public road to the Dillon-Merrillville public road; thence run southerly
Page 3608
along the Dillon-Merrillville public road to the Lawhorne Road; thence run easterly along the Lawhorne Road to the Thomasville-Pavo public road; thence run northerly along the Thomasville-Pavo public road northeasterly to the Pope Road; thence run easterly along the Pope Road to Brooks County Line; thence run northerly along the Brooks County Line to Colquitt County Line; thence run westerly along the Colquitt County Line to the Ochlocknee River; thence run southerly along the Ochlocknee River to the County Line Road; thence run southerly along the County Line Road to the point of beginning. Commissioner District No. 5. Beginning at a point where highway U.S. 19 intersects the Florida State Line; thence run northerly along highway U.S. 19 until it intersects Sunset Drive; thence run easterly along Sunset Drive until it intersects the County Farm Road; thence run along the County Farm Road northerly until it intersects highway U.S. 84; thence run along highway U.S. 84 easterly until it intersects Hobbs Road; thence run northerly along Hobbs Road until it intersects the Thomasville-Pavo Road until it intersects the Pope Road; thence run easterly along the Pope Road until it intersects the Brooks County Line; thence run southerly along the Brooks County Line to the State of Florida Line; thence run west along the line of the State of Florida to the point of beginning. Commissioner District No. 6. Beginning at a point at the intersection of Remington Avenue and Madison Street and run thence on Madison Street northwesterly to Monroe Street; thence run easterly along Monroe Street to Mitchell Road; thence run northerly along Mitchell Road to Walcott Street; thence run westerly along Walcott Street to Dawson Street; thence run northerly along Dawson Street to Vine Street; thence run westerly along Vine Street to Seaboard Coast Line right of way; thence run northerly along Seaboard Coast Line right of way to the city limits line of the City of Thomasville; thence meandering along the city limits line easterly crossing and meandering back to new U.S. 19 highway and running to the point where the city limits line and the new Highway U.S. 19 meet; thence southerly along new Highway U.S. 19 to Seaboard Coast Line right of way to Pinetree Boulevard; thence run westerly along said Pinetree Boulevard to Smith Avenue; thence run west along Smith Avenue to Susieway Street; thence run northerly on Susieway Street to Reid Street;
Page 3609
thence run westerly on Reid Street to Remington Avenue; thence run westerly on Remington Avenue to Madison Street and to the point of beginning. Commissioner District No. 7. Beginning at a point where highway U.S. 19 intersects with the Florida State Line and run thence northerly along Highway U.S. 19 to the Old Monticello Road; thence continuing northerly along the Old Monticello Road to Blackshear Street; thence run northerly along Blackshear Street to the Seaboard Coast Line right of way; thence run along the Seaboard Coast Line right of way westerly to Broad Street; thence run southerly along Broad Street to South Street; thence run southerly along South Street to Augusta Avenue; thence run west along Augusta Avenue to Magnolia Street; thence run southerly along Magnolia Street to the city limit line of the City of Thomasville; thence meandering along the city limit line of the City of Thomasville generally westward to Seaboard Coast Line right of way; thence run westerly along Seaboard Coast Line right of way to the Ochlocknee River; thence run south westerly along the Ochlocknee River to the Grady County Line; thence southerly along the Grady County Line to the Florida State Line; thence run easterly along the Florida State Line to highway U.S. 19 and to the point of beginning. Commissioner District No. 8. Beginning at a point where the Lawhorne Road intersects the Thomasville-Pavo public road and run thence westerly along the Lawhorne Road to its intersection with the Dillon-Merrillville Road; thence run northerly along the Dillon-Merrillville Road to the St. Paul Road; thence run westerly along the St. Paul Road to its intersection with the Thomasville-Moultrie Road; thence run southwesterly along the Thomasville-Moultrie Road to the city limits of the City of Thomasville; thence meandering along the city limits line easterly crossing and meandering back to new Highway U. S. 19 and running to the point where the city limits line and new Highway U. S. 19 meet; thence run southerly along new Highway U. S. 19 to the Seaboard Coast Line right of way; thence run northwesterly along the Seaboard Coast Line right of way to Pinetree Boulevard; thence run northerly along Pinetree Boulevard to Smith Avenue; thence run westerly along Smith Avenue to Susieway Street; thence run northerly along Susieway Street to Reid Street; thence run westerly along Reid Street to Remington Avenue; thence run westerly along Remington Avenue to Madison Street; thence run
Page 3610
along Madison Street southerly to Seaboard Coast Line right of way; thence run along the Seaboard Coast Line right of way easterly to Blackshear Street; thence run along Blackshear Street southerly to the Old Monticello Road; thence run southeasterly along the Old Monticello Road to Sunset Drive; thence run along Sunset Drive easterly to the County Farm Road; thence run northerly along the County Farm Road to the Thomasville-Quitman Road; thence run easterly along the Thomasville-Quitman Road to the Hobbs Road; thence run northerly along the Hobbs Road to the Thomasville-Pavo Road; thence run north-easterly along the Thomasville-Pavo Road to the Lawhorne Road to the point of beginning. (e) If any part of Thomas County is not included within the description of any commissioner district, such part shall be included within the adjacent commissioner district which includes the least population according to the United States decennial census of 1980. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the 1983 Regular Session of the General Assembly a bill to divide Thomas County into wards and/or districts for election purposes. This the 1st day of February, 1983. John Bulloch Thomas County Board of Commissioners
Page 3611
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen Sherrod, who, on oath, deposes and says that he is Representative from the 143rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times Enterprise which is the official organ of Thomas County, on the following dates: February 4, 11, 18, 1983. /s/ Allen Sherrod Representative, 143rd District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 10, 1983. MURRAY COUNTYNEW BOARD OF EDUCATIONREFERENDUM. No. 28 (House Bill No. 76). AN ACT To provide for a new board of education of Murray County; to provide for the election of the members of said board of education; to
Page 3612
provide for education districts; to provide for filling vacancies; to provide for the compensation of the members of the board; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Board of Education of Murray County shall be composed of five members who shall be elected as hereinafter provided in this Act. Section 2 . (a) For the purpose of electing the members of said board of education, the Murray County school district shall be divided into five education districts as follows: Education District No. 1 Murray Tract 9901 Block Groups 1 and 2 Blocks 304 through 306, 308 through 323, 327 through 347, 407, 408, and 506 Tract 9903 Blocks 101 through 118, 140, 141, 145, and 148 through 150 Education District No. 2 Murray Tract 9901 Blocks 324 through 326, 401 through 406, 409 through 429, 501 through 505, and 507 through 524 Tract 9902 Blocks 201 through 208, 301, and 314 through 316 Tract 9903 Blocks 119 through 128, 130 through 139, 151 through 155, 301 through 303, and 305
Page 3613
Education District No. 3 Murray Tract 9902 Blocks 302 through 313 and 401 through 426 Tract 9903 Blocks 156 through 159, 166 through 171, 174 through 176, 304, 306 through 309, and 311 through 323 Education District No. 4 Murray Tract 9903 Blocks 160 through 165, 172, 173, 178, 179, 183, 201, 202, and 204 through 209 Tract 9904 Blocks 101 through 132 Block Groups 2 and 3 Education District No. 5 Murray The Murray County school district in its entirety. (b) As used in the description of education districts 1 through 4 of subsection (a) of this section, the terms Tract, Block Group, and Block shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia, County of Murray. Any part of the Murray County school district which is not included in education districts 1 through 4 shall be included within that district 1 through 4 contiguous to such part which contains the least population according to the 1980 decennial census. (c) Each member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for membership on said board shall have been a
Page 3614
resident of the education district for which the candidate offers for election at least one year prior to the date of election. If, during a term of office, a member removes his or her place of residence from the education district which the member represents, a vacancy shall thereby be created, which shall be filled in the manner prescribed by Section 4 of this Act. Each person offering for election as a member of said board shall specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting at large within the Murray County school district. Except for the special election provided for in subsection (b) of Section 3 of this Act, and except for a special election to fill a vacancy as provided by Section 4 of this Act, all members of said board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated known as the Georgia Election Code. Section 3 . (a) The three members of the heretofore existing board of education of Murray County who were elected at the 1982 general election and who took office on January 1, 1983, for terms of six years shall continue to serve until January 1, 1987, and the term of each such member is shortened to expire on December 31, 1986. Effective January 1, 1985, such members shall be the members of the board of education provided for by this Act from education districts 1, 3, and 5 as hereinafter provided. One such member, Mr. Mickey Jones, shall be the member from Education District 1; one such member, Mr. Maynard Young, shall be the member from Education District 3, and the other such member, Ms. Peggy Dunn, shall be the member from Education District 5. The successors to such members from education districts 1, 3, and 5 shall be elected at the 1986 general election and shall take office on January 1, 1987, 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 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. (b) The first members of the board of education provided for by this Act from education districts 2 and 4 shall be elected at a special election which shall be held on the same date as the general election of 1984. Such special election shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code. The members elected at such special election shall take office on the
Page 3615
first day of January, 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 their election 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) On and after January 1, 1985, the Board of Education of Murray County shall be constituted as provided for by this Act, and on that date the heretofore existing Board of Education of Murray County shall stand abolished. Section 4 . A vacancy which occurs in the membership of the board by death, resignation, removal from the education district, or for any other reason shall be filled by the remaining members of the board appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 28 calendar months, in which event, the board shall appoint a qualified person to serve until a successor is elected to serve for the unexpired term as hereinafter provided. When the unexpired term exceeds 28 calendar months, a special election shall be held on the same date as the next succeeding general election to elect a successor for the unexpired term. Any such special election shall be called, held, and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code. Section 5 . Each member of the board shall be compensated in the amount of $100.00 per month payable from the funds of the board of education. Section 6 . The Board of Education of Murray County provided for by this Act shall be subject to all constitutional and statutory provisions of laws of this state relative to county boards of education and the members thereof, except as otherwise provided by this Act. Section 7 . It shall be the duty of the election superintendent of Murray County to issue the call for an election for the purpose of submitting this Act to the electors of the Murray County school district for approval or rejection. The superintendent shall set the date of such election for the same date as the general primary election of 1984. The superintendent shall issue the call for said election at least 29 but not more than 45 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be
Page 3616
published once a week for two weeks immediately preceding the date thereof in the official organ of Murray County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for a new five-member Board of Education of Murray County and providing for the election of the members of said board be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Murray County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to provide for a new board of education of Murray County; to provide for matters relative thereto; to provide for a referendum; and for other purposes. This 14 day of Dec., 1982. Tom Ramsey Representative, 3rd District
Page 3617
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey, who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Chatsworth Times which is the official organ of Murray County, on the following dates: December 22, 29, 1982 and January 5, 1983. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 10th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CLAYTON COUNTYCOMMISSIONER DISTRICTS REAPPORTIONED. Georgia Laws 1955, Page 2064 Amended. No. 29 (House Bill No. 351). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as
Page 3618
amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3308), so as to reapportion the commissioner districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3308), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. Board of commissioners. The board of commissioners of Clayton County shall consist of five members. The chairman and the other four members of the board shall be elected by the qualified voters of the entire county. To be elected as a member of the board, a candidate must receive the highest number of votes cast and, at the same time, he must receive a majority of the total votes cast. The term of office of the chairman shall be four years and until his successor is duly elected and qualified. The other four members of the board shall be elected for terms of office as hereinafter provided. Vacancies on the board shall be filled for the unexpired term. Section 2 . Said Act is further amended by striking Section 2A in its entirety and substituting in lieu thereof a new Section 2A to read as follows: Section 2A. Commissioner districts and posts. For the purpose of electing members of the board other than the chairman, Clayton County is divided into two commissioner districts to be known as Commissioner Districts A and B and described as follows: Commissioner District A Clayton Tracts 404.03, 404.05, 404.06, 405.02, 405.03, 405.06, and 406.03 through 406.08
Page 3619
Commissioner District B Clayton Tracts 401, 402, 403.01 through 403.05, 404.01, 404.02, 405.04, and 405.05 Each commissioner district shall contain two post positions. The post positions shall be numbered Posts One and Two in each district. Beginning January 1, 1977, the terms of office of the members of the board assuming office to represent Post One in Commissioner Districts A and B shall be two years, and the members assuming office to represent Post Two in Commissioner Districts A and B shall be four years. Thereafter, the terms of office of all members of the board shall be four years each and until their successors are duly elected and qualified. In all elections, each candidate other than the chairman shall designate at the time of qualifying the commissioner district and post for which he is offering as a candidate. Each candidate other than the chairman shall also certify at the time of qualifying that he is a bona fide resident of the commissioner district from which he is offering as a candidate. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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. L. 1955, p. 2064), as amended; and for other purposes. This 6th day of January, 1983.
Page 3620
Jimmy Benefield Chairman, Clayton County Legislation Delegation Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy W. Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ Jimmy W. Benefield Representative, 72nd District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3621
BIBB COUNTYAUTHORIZATION TO DISPOSE OF PROPERTY. No. 30 (House Bill No. 364). AN ACT To amend an Act establishing the board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to authorize the governing authority of Bibb County to dispose of certain property within the Lake Tobesofkee Recreation Area for the purpose of developing, operating, and maintaining hydroelectric generation and related facilities; 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 establishing the board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, is amended by adding after Section 8 and before Section 9 a new Section 8A to read as follows: Section 8A. (a) The governing authority of Bibb County is authorized and empowered to rent, lease, sell the fee simple title, or otherwise dispose of so much of the Lake Tobesofkee Recreation Area as it shall in its discretion determine to be reasonably necessary to permit the construction, maintenance, repair, and operation of hydroelectric power generation and related facilities within the Lake Tobesofkee Recreation Area and to do so upon such terms as its governing authority may in its discretion determine to be proper. In furtherance of the powers granted in this section, said county may grant easements and other rights in property by contract with any person, firm, or corporation for any period of time for such purposes. (b) The governing authority of Bibb County is further authorized and empowered to develop for its own account hydroelectric generation and related facilities in the Lake Tobesofkee Recreation Area and to provide for such development, maintenance, operation, and repair thereof in concert with any other person, firm, or corporation and to do such things as the governing authority shall in its discretion determine to be necessary or convenient to the accomplishment of the purposes hereof.
Page 3622
Section 2 . All laws and parts of laws in conflict with this Act are repealed. Georgia, Bibb County Legal Notice. Please be advised that Bibb County, Georgia, will apply to the 1983 Session of the General Assembly of Georgia for the passage of the following legislation, to-wit: A Bill to be Entitled An Act to Amend an Act approved February 6, 1873 appearing on Page 219 et seq. of the published Acts of the General Assembly of Georgia for 1873, entitled `An Act to Establish a County Board of Commissioners For the County of Bibb; To Define its Duties And for Other Purposes Therein Named' as said Act has subsequently been amended; to authorize the County of Bibb to sell, lease, or otherwise deal with and dispose of such portions and parts of the property owned by it and lying within the Tobesofkee recreation area for the purpose of developing hydroelectric generation and related facilities upon such terms as its governing authority may in its discretion determine to be proper; to develop, operate and maintain such facilities either alone or in association with another or other person, firm or corporation; to provide for other matters in relation thereto; to repeal conflicting laws; and for other purposes. Notice is further given that said Act including the proposed title thereof may be amended by any amendment germane thereto. This 21st day of December, 1982. Bibb County By: E. S. Sell, Jr. County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Horne, Jr., who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local
Page 3623
Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: December 30, 1982, January 7, 14, 1983. /s/ Frank Horne, Jr. Representative, 103rd District Sworn to and subscribed before me, this 2nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF FOREST PARKMAYOR AND COUNCILTERMS OF OFFICE. No. 31 (House Bill No. 415). 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. L. 1973, p. 3701), as amended by an Act approved March 16, 1981 (Ga. L. 1981, p. 3117), so as to change the terms of office of the mayor and members of the council; to repeal conflicting laws; and for other purposes.
Page 3624
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. L. 1973, p. 3701), as amended by an Act approved March 16, 1981 (Ga. L. 1981, p. 3117), is amended by striking Section 2.05 in its entirety and substituting in lieu thereof a new Section 2.05 to read as follows: Section 2.05. Election of mayor and councilmen. (a) Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. (b) On the last Saturday in October, 1983, a general election shall be held for mayor and the three councilmen (Wards 1, 2, and 5) whose terms of office are expiring, said term of office shall be for a special three-year term. Commencing on the last Saturday in October, 1986, and on said date every four years thereafter, a general election shall be held for mayor and the three councilmen (Wards 1, 2, and 5) whose terms of office are expiring. On the last Saturday in October, 1984, and on said date every four years thereafter, a general election shall be held for four councilmen (Wards 3, 4, and 6, and councilman at large) whose terms of office are expiring. Candidates who receive a majority of votes cast in an election shall be elected to a term of office for four years and until their successors are duly elected and qualified. In the event no candidate for a designated office receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such runoff shall be held on the fourteenth day after the holding of the election. Section 2 . Said Act is further amended by striking Section 2.06 in its entirety and substituting in lieu thereof a new Section 2.06 to read as follows: Section 2.06. Terms of office. The terms of office for the city council shall begin on the first Monday in January following said election and shall continue for four years and until their successors are elected and qualified. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 3625
Legal Notice. Citizens of Forest Park, Clayton County, Georgia, and other interested parties: You are hereby notified that the Mayor and Council of the City of Forest Park, Clayton County, Georgia, have passed a resolution requesting that local legislation be passed by the General Assembly of the State of Georgia whereby Section 2.05 and Sections 2.06 of the Charter of the City of Forest Park shall be amended to increase the term of office for the Mayor and City Council from the present two (2) year term to a four (4) year term. Beginning with the election in 1983 of Mayor and three (3) Councilpersons for Wards 1, 2 and 5 whose terms are expiring, said Mayor and Councilpersons for Wards 1, 2 and 5 shall be elected to serve a special three (3) year term to expire in 1986, and for each successive term thereafter, said term of office for Mayor and Councilpersons for Wards 1, 2 and 5 shall be for a term of four (4) years. Beginning with the municipal election in 1984 for Councilpersons in Wards 3, 4 and 6, and the office of Councilperson-at-Large whose terms of office are expiring, and each successive term thereafter, said term of office shall be for a period of four (4) years. Said local legislation is scheduled to be introduced during the next regular session of the General Assembly of the State of Georgia. The notice of this intention to apply for said local legislation is given pursuant to Article III, Section VII, Paragraph IX, of the Constitution of the State of Georgia. Jerome Tomasello Mayor, Forest Park, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Daily News which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983.
Page 3626
/s/ Jimmy Benefield Representative, 72nd District Sworn to and subscribed before me, this 3rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CLAYTON COUNTYCOMPENSATION OF PROBATE JUDGE. No. 33 (House Bill No. 488). 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. L. 1950, p. 2068), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4476), 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. L. 1950, p. 2068), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4476), is amended by striking from Section 1 the following:
Page 3627
$29,305.00, and inserting in lieu thereof the following: $30,770.25, 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 $30,770.25 per annum, payable monthly by the governing authority out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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, 1960 (Ga. L. 1960, p. 2068), as amended; and for other purposes. Honorable Jimmy Benefield Chairman, Clayton County Legislative Delegation
Page 3628
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy W. Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ Jimmy W. Benefield Representative, 72nd District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CLAYTON COUNTYCOMPENSATION OF CHAIRMAN OF COUNTY COMMISSIONERS. No. 34 (House Bill No. 489). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as
Page 3629
amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4473), so as to change the provisions relative to 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 the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4473), is amended by striking from Section 7 the following: $41,003.00 and $7,280.00, respectively, and inserting in lieu thereof the following: $43,053.15 and $7,644.00, respectively, so that when so amended Section 7 shall read as follows: Section 7. Compensation. The chairman of the board shall be compensated in the amount of $43,053.15 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 $7,644.00 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 3630
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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. L. 1955, p. 2064), as amended; and for other purposes. This 6th day of January, 1983. Honorable Jimmy Benefield Chairman, Clayton County Legislative Delegation Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy W. Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ Jimmy W. Benefield Representative, 72nd District
Page 3631
Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CLAYTON COUNTYCOMPENSATION OF TAX COMMISSIONER AND DEPUTY COMMISSIONER. No. 35 (House Bill No. 490). 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. L. 1925, p. 600), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4471), 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, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4471), is amended by striking from subsection (b) of Section 7 the following:
Page 3632
$29,305.00, and inserting in lieu thereof the following: $30,770.25, 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 $30,770.25 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: $21,500.00, and inserting in lieu thereof the following: $22,575.00, 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 $22,575.00 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton
Page 3633
County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended; and for other purposes. This 6th day of January, 1983. Honorable Jimmy Benefield Chairman, Clayton County Legislative Delegation Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy W. Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ Jimmy W. Benefield Representative, 72nd District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3634
COBB COUNTYCOMPENSATION OF TAX COMMISSIONER AND CHIEF CLERK. No. 36 (Senate Bill No. 278). AN ACT To amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4756), 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. L. 1949, p. 790), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4756), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The tax commissioner shall receive an annual salary of $35,150.00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be $31,535.00, to be paid in equal monthly installments 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.
Page 3635
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 31st day of Dec. 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison who, on oath, deposes
Page 3636
and says that he is Senator from the 37th 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 31, 1982, January 7, 14, 21, 28, 1983. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. COBB COUNTYCOMPENSATION OF MEMBERS OF BOARD OF EDUCATION. No. 37 (Senate Bill No. 280). 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. L. 1974, p. 3516), as amended particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4176), so as to change the provisions relating to the compensation of the chairman and other members of the board of education; to repeal conflicting laws; and for other purposes.
Page 3637
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. L. 1974, p. 3516), as amended particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4176), is amended by striking subsection (d) of Section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Each member of the board of education of Cobb County, except for the chairman, shall receive an annual salary of $6,600.00, to be paid in equal monthly installments from the funds of the board of education. The chairman shall receive an annual salary of $7,800.00, to be paid in equal monthly installments from the funds of the board of education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1983 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 2-28802); as amended Acts 1974, p. 3516.
Page 3638
Roy E. Barnes Haskew Brantley Joe L. Thompson A. L. Burruss Fred Aiken Johnny Isakson Carl Harrison Joe Mack Wilson George W. Darden Steve Thompson Terry Lawler Bill Atkins Frank Johnson Tom Wilder 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 is Senator from the 37th 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 28, 1982, January 7, 14, 21, 28, 1983. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 15th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3639
CITY OF CRAWFORDTERMS OF MAYOR AND COUNCIL. No. 38 (Senate Bill No. 293). AN ACT To amend an Act entitled An Act to incorporate the city of Crawford; to define its limits; to provide for its government; to define its rights and liabilities; to provide for the issuance of bonds for school and other municipal improvements, and for other purposes., approved July 26, 1910 (Ga. L. 1910, p. 497), as amended, so as to change the terms of the mayor and councilmen; to provide for a change in the elections; 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 entitled An Act to incorporate the city of Crawford; to define its limits; to provide for its government; to define its rights and liabilities; to provide for the issuance of bonds for school and other municipal improvements, and for other purposes., approved July 26, 1910 (Ga. L. 1910, p. 497), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Be it further enacted that the government of said municipality shall be vested in a mayor and five councilmen, to be known as the city council. No person shall be eligible to either office unless such person is a qualified voter of the municipality and has resided within the corporate limits for 12 months preceding the election. The term of office for the mayor and each councilman shall be for two years and until their successors are elected and qualified. They shall take office on the first day of January immediately following their election.
Page 3640
Section 2 . Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Be it further enacted that on the second Tuesday in December of 1983 and in each odd-numbered year thereafter an election shall be held in said city for the mayor and councilmen for the next two-year term. Said election shall be presided over by two members of the city council, but if such officers do not appear at the polling place, to fix by ordinance, free-holders of the city may act in their place. The managers shall take an oath impartially to conduct the election and to make true returns thereof. The returns shall be made to the clerk of council, who shall declare the result. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Crawford, approved July 26, 1910 (Ga. Laws P. 497) so as to change the term of the Mayor and Council. This first day of February, 1983. J. J. Blanchard Mayor, City of Crawford 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 Oglethorpe Echo which is the official organ of Oglethorpe County, on the following dates: February 3, 10, 17, 1983.
Page 3641
/s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF ROMEADDITIONAL MEMBER OF BOARD OF EDUCATIONELECTION OF MEMBERS, ETC. No. 39 (Senate Bill No. 295). AN ACT To amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2815) and an Act approved April 10, 1971 (Ga. L. 1971, p. 3664), so as to provide for an additional member of the board of education; to provide for qualifications for election to the board of education; to provide for filling vacancies; to provide for the election of all members of the board of education; to provide for terms of office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 3642
Section 1 . An Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2815) and an Act approved April 10, 1971 (Ga. L. 1971, p. 3664), is amended by striking in its entirety Section 84, which reads as follows: Section 84. (a) Be it enacted by the authority aforesaid, that a board of education to consist of six (6) members, be, and the same is hereby established and that each of the three wards of said city shall have two members of the board of education. The members of said board at the time of and during their continuance in office, shall be bona fide residents and citizens of said City of Rome and the ward from which they are elected, and must also at the time of their qualification for election have been a registered voter and elector of the City of Rome at least ninety (90) days prior to their qualification for election. Vacancy or vacancies in said board of education caused by death, resignation, removal, disqualification, or otherwise, shall be filled by a majority vote of the remaining members of said board. (b) Be it further enacted by authority aforesaid, that for the purpose of the election of the members of the board of education, each ward of the City of Rome shall be divided for said election into post no. 1 and post no. 2. A candidate for election shall qualify and be a candidate for either post no. 1 or post no. 2, as designated by said candidate upon his qualification as a candidate. (c) Be it further enacted by authority aforesaid, that the election of all the members of the board of education of the City of Rome shall be by a majority of the consolidated votes of the entire city. (d) If a candidate for the Board of Education does not receive a majority of all the consolidated votes of the entire city cast in said election for the post for which he qualified as a candidate, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off shall be held in accordance with the Georgia Municipal Election Code. (e) Be it further enacted by authority aforesaid, that the present board of education of said city shall continue in office until the first Monday in April 1967, or until their successors are elected and qualified. That on the first Tuesday in March 1967, an election shall be held to elect the members of the board of education. The
Page 3643
candidate elected for post no. 1 of each ward of the City of Rome shall serve from the first Monday in April 1967 until the first Monday in January 1973, or until their successors are elected and qualified. The candidate elected for post no. 2 of each ward of the City of Rome shall serve from the first Monday in April 1967 until the first Monday in January 1971, or until their successors are elected and qualified. (f) Be it further enacted by the authority aforesaid that after the election on the first Tuesday in March, 1967, at the termination of the then elected Board members' terms, as hereinbefore set forth, the members of the Board shall be elected for terms of four (4) years, or until their successors are duly elected and qualified. All such elections, subsequent to the election held on the first Tuesday in December, 1970, shall be held on Tuesday next following the first Monday in November in the year next preceding the expiration of the term, and said Board members shall serve and hold office for a term of four (4) years from the first Monday in January of the year they assume office. (g) Provided, however, notwithstanding any other provision of the charter of the City of Rome, a candidate for the board of education may have his name placed on the ballot for the general election to be held on the first Tuesday in March, 1967 for the election of the board of education without having been nominated in a primary election or having been nominated by a nomination petition. However, any candidate desiring to stand for such election shall register and qualify with the secretary of the Rome city commission at least 30 days prior to the election. A majority of the consolidated votes cast in the entire city in said election shall be necessary for election., and inserting in lieu thereof a new Section 84 to read as follows: Section 84. (a) The six members of the board of education holding office on April 1, 1983, shall continue to serve for the remainder of their unexpired terms unless otherwise removed from office. Effective on the first Monday in January of 1985, the board of education shall consist of seven members. Each of the three wards of the City of Rome shall have two members of the board of education. The seventh member of the board of education shall be elected at large from the City of Rome. Candidates shall qualify by ward for the seats to be elected from each ward and shall qualify at large for the seat to be elected from the City of Rome at large. The members of the
Page 3644
board at the time of and during their continuance in office shall be bona fide residents and citizens of the City of Rome and of the ward from which they are elected, if elected from a specific ward, and must also at the time of their qualification for election have been a registered voter of the City of Rome and of the ward from which they are elected, if elected from a specific ward, and must also at the time of their qualification for election have been a registered voter of the City of Rome for at least 90 days prior to their qualification for election. A vacancy or vacancies in the board of education caused by death, resignation, removal, disqualification, or otherwise shall be filled by a person elected by a majority vote of the remaining members of the board and the person so appointed shall remain in office only until the vacancy can be filled during a regularly scheduled election for the School Board, at which time the remainder of the term shall be filled by election. (b) At the 1984 election, successors to members of the board whose terms expire on the first Monday in January of 1985 and a member to be elected at large, shall be elected. At the 1986 election, successors to members of the board whose terms expire on the first Monday in January of 1986 shall be elected. The candidates receiving the greatest number of votes cast shall be elected. In subsequent elections, the candidate for each position receiving the greatest number of votes shall be elected. In the event of an election to fill a vacancy, the candidate receiving the greatest number of votes shall be elected. (c) After the initial elections held in 1984 and 1986, the members of the board shall be elected for terms of four years thereafter, or until their successors are duly elected and qualified. Subsequent elections shall be held on the first Tuesday in November of each evennumbered year and the board members shall serve and hold office for terms of four years from the first Monday in January of the year following the election. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 3645
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend the Charter for the City of Rome (Georgia Law 1918, Pages 813FF, as amended); to provide for a change in election procedures for city commissioners and for members of the Board of Education; to repeal conflicting provisions; and for other purposes. This 31st day of January, 1983. John Adams Representative, 16th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward Hine, Jr. who, on oath, deposes and says that he is Senator from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune which is the official organ of Floyd County, on the following dates: February 3, 10, 17, 1983. /s/ Edward Hine, Jr. Senator, 52nd District
Page 3646
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. DOOLY COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 40 (Senate Bill No. 296). 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. L. 1949, p. 1628), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3700), so as to change the compensation provisions relating to the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of tax receiver and tax collector of Dooly County into the office of tax commissioner of Dooly County, approved February 25, 1949 (Ga. L. 1949, p. 1628), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3700), is amended by striking from Section 3 the following: seven thousand two hundred ($7,200.00) dollars,
Page 3647
and inserting in lieu thereof the following: $7,800.00, so that when so amended Section 3 shall read as follows: Section 3. The salary of the tax commissioner of Dooly County shall be $7,800.00 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 Dooly County. Section 2 . All laws and parts of laws in conflict with this Act are 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 1983, for the enactment of a local bill to amend an Act entitled An Act to abolish the office of tax collector and tax receiver in in the County of Dooly and for other purposes approved February 25, 1949 Ga. L. 1949, p. 1628, amended Ga. L. 1963, p. 3317, (Ga. L. 1981, P. 3701), 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 27, 1983.
Page 3648
Dooly County Board of Commissioners By: Billy S. Giles, Chairman Attest: Frances K. Smith, Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney L. Bowen who, on oath, deposes and says that he is Senator from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News-Observer which is the official organ of Dooly County, on the following dates: February 2, 9 and 16, 1983. /s/ Rooney L. Bowen Senator, 13th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 14, 1983.
Page 3649
CHATTAHOOCHEE COUNTYPROBATE COURT JURISDICTION. No. 41 (Senate Bill No. 210). AN ACT To repeal an Act relating to jurisdiction of the Chattahoochee County Probate Court over misdemeanors and services of the clerk of superior court in such cases, approved April 4, 1967 (Ga. L. 1967, p. 2528); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to jurisdiction of the Chattahoochee County Probate Court over misdemeanors and services of the clerk of superior court in such cases, approved April 4, 1967 (Ga. L. 1967, p. 2528), is repealed in its entirety. Section 2 . This Act shall become effective only if a bill is introduced and enacted at the 1983 regular session of the General Assembly and becomes law, which bill provides that, for purposes of determining the minimum annual salary of the clerk of superior court in any county in which more than 50 percent of the population of the county resides on certain property of the United States government, the population of the county shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government; and if such other bill so becomes law then this Act shall become effective on the first day of the month following the month in which such other bill becomes law. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia legislation to repeal
Page 3650
an Act relating to jurisdiction of the Chattahoochee County Probate Court over misdemeanors and services of the clerk of superior court in such cases, approved April 4, 1967 (Ga. L. 1967, p. 2528); to provide an effective date; to repeal conflicting laws; and for other purposes. This 13th day of December, 1982. /s/ Julian Greer Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following dates: December 22, 29, 1982 and January 5, 1983. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 18th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3651
ROCKDALE COUNTYMAGISTRATE COURT TRIALS, ETC. No. 42 (Senate Bill No. 264). AN ACT To amend an Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, so as to require that trials shall be conducted without a jury; to provide for bond and supersedeas on motion of the prevailing party or on the court's own motion in matters on appeal; to provide for alternate sentences for offenders; to change certain costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by striking subsection (b) of Section 2 of said Act in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) This court and the judge thereof shall have all powers to do all acts which justices of the peace are now or may hereafter be authorized to do under the law of Georgia and shall have jurisdiction as to subject matter to try and to dispose of all cases where under the law subject matter jurisdiction is conferred upon justices of the peace and justice courts, and, as to the amount involved therein, the jurisdiction thereover shall extend to all cases wherein the principal amount shall be $2,000.00 or less. All proceedings and procedures, including but not limited to those relative to pleadings, issuance of summons and warrants, committal hearings, trials, and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this state, except as otherwise provided in this Act. All trials shall be conducted by the court sitting without a jury. The judge of the magistrate court, upon the filing of a notice of appeal to the superior court, may, upon motion of the prevailing party or on the court's own motion, at any time require that supersedeas bond with good security be given in such amount as the court may deem necessary. Such bond shall not be required if the appellant files with the court an affidavit stating that because of his indigence he is unable to give bond.
Page 3652
Section 2 . Said Act is further amended by striking Section 14 of said Act in its entirety and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Fines and punishment. Upon conviction of violation of any of the ordinances, rules, or regulations set forth by the governing authority of Rockdale County, the magistrate or judge of said court may punish such offender by imposing a fine not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed the sum of $500.00 for any single offense, by imprisonment in the county jail for a period not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed 30 days for any single offense, or by any one or more of these punishments in the discretion of the judge of said magistrate court. The magistrate or judge of said court, at his sole discretion, may require such offender to provide public service to Rockdale County in lieu of imprisonment in the county jail. The sheriff of Rockdale County shall provide supervision for offenders performing such public service. The sheriff of Rockdale County shall receive, confine, feed, and care for prisoners sentenced by said magistrate court to imprisonment in the county jail in the same manner as persons charged with an indictable offense under general laws of this state and subject to the same penalties for his refusal to receive and take charge of such persons, except that prisoners received under sentence from said magistrate court may be confined separately and apart from other classes of inmates of said jail as the sheriff may, in his discretion, provide and as general laws may require. Section 3 . Said Act is further amended by striking paragraph (1) of subsection (f) of Section 31 of said Act in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The plaintiff, when he files his claim, shall deposit the sum of $36.50 with the court, which sum 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 $36.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.
Page 3653
Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended; and for other purposes. This 26th day of January, 1983. Harrill L. Dawkins Senator, 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harrill L. Dawkins who, on oath, deposes and says that he is Senator from the 45th 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 27, February 3, 10, 1983. /s/ Harrill L. Dawkins Senator, 45th District
Page 3654
Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF ADAIRSVILLECHARTER. Georgia Laws 1872, Page 121 Repealed. No. 43 (Senate Bill No. 265). AN ACT To incorporate the City of Adairsville in the County of Bartow and provide a charter therefor; 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 Mayor's court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for penalties; to provide for other matters relative to the foregoing; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION, POWERS Section 1.10 . Incorporation. The City of Adairsville existing immediately prior to the effective date of this charter and the
Page 3655
inhabitants of that City are hereby constituted and declared a body politic and corporate under the name and style of the City of Adairsville and by that name shall have perpetual succession. Section 1.11 . Corporate Boundaries. (a) The boundaries of this City shall be those existing immediately prior to the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Adairsville, 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 Adairsville, 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 or under the directions of the Council. Photographic or other copies of such map 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. (b) The Council may provide for the redrawing of any such map 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 . 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;
Page 3656
(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 22 of the O.C.G.A., relating to eminent domain, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and to grant franchises and rights-of-way
Page 3657
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 22 of the O.C.G.A., relating to eminent domain, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for development by zoning, subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or
Page 3658
property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City; (21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, 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
Page 3659
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 change the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences. To provide that persons given jail sentences in the City's court may work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county correctional institution 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;
Page 3660
(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a firefighting agency; (38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (39) Urban Redevelopment. To organize and operate an urban redevelopment program; (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;
Page 3661
(42) Enforcement of Ordinances on Private Property. To authorize City police to enforce ordinances on provide property within the City and generally used by the public; and (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; 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; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. Section 1.14 . 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 specified 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 the City. ARTICLE II GOVERNING BODY Section 2.10 . Creation; Composition; Number; Election. The corporate powers and municipal government of the City, except as otherwise specifically provided in this charter, shall be vested in a City Council to be composed of the Mayor and four Aldermen. The
Page 3662
Mayor and Aldermen shall be elected in the manner provided by Article V of this charter. Section 2.11 . Qualification of Office. No person shall be eligible to serve as Mayor or Alderman unless such person is at least 25 years old at the time of his election and unless such person shall have been a resident of the City of Adairsville for a period of one year immediately prior to the date of that person's election. Persons serving as Mayor or Aldermen shall continue to reside in the City during their 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 Alderman 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 Alderman 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 Alderman 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 Mayor shall receive an annual salary of $1,800.00, payable in equal monthly installments from the funds of the City. Each Alderman shall receive an annual salary of $1,200.00, payable in equal monthly installments from the funds of the City. These salary amounts may be changed as authorized by Code Section 36-35-4 of the O.C.G.A., relating to home rule authority to fix compensation. The Mayor and Aldermen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties, as provided by ordinance.
Page 3663
Section 2.14 . Prohibitions. Except as authorized by law, neither the Mayor nor any Alderman 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. Neither the Mayor nor any Alderman may vote upon or sign or veto any question brought before him in which that person is personally interested. 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 Countil 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. Section 2.18 . Organization Meeting. The Council shall meet for organization on the first Saturday in January, 1984, on the first Saturday in January, 1985, and thereafter on the first Thursday in January of each even-numbered year. The meeting shall be called to
Page 3664
order by the City Clerk and the oath of office administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (Mayor or Alderman 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 2.19 . 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 Aldermen. Notice of such special meetings shall be served on all other members of the Council 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 Aldermen 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 2.20 . Rules of Procedure. The Council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. Section 2.21 . Quorum, Voting. A majority of the Council 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
Page 3665
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 2.22 . Action Requiring an Ordinance. (a) Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance 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 Adairsville 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. All ordinances shall be considered and adopted or rejected by the Council in accordance with rules which it shall establish, but shall not be adopted the same day they are introduced except for an emergency ordinance under Section 2.23 of this charter. Upon introduction of any ordinance, the City Clerk, as soon as possible, shall distribute a copy to every member of the Council and file a reasonable number in the office of the Clerk. Section 2.23 . 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.
Page 3666
Section 2.24 . Codes of Technical Regulations. (a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(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 2.25 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 2.25 . Signing, Authenticating, Recording; Codifying, Printing. (a) The City Clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for the purpose of recording all ordinances adopted by Council. (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 amendments 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 Adairsville, Georgia. Copies of the Code may be furnished to all officers, departments, and agencies of the City and made available for purchase by the public at a reasonable price as fixed by the Council. (c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to
Page 3667
reproduction and distributions of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code. Section 2.26 . Powers and Duties of the Mayor. The Mayor shall: (a) Preside at all meetings of the City for service of process and ceremonial purposes; (b) Be the official head and spokesman for the City for service of process and ceremonial purposes; (c) Sign as a matter of course all written contracts and other instruments executed by the City which by law are required to be in writing; (d) Vote on matters before the Council and be counted toward a quorum as any other member of the Council; (e) Fulfill such other executive and administrative duties as the Aldermen shall by ordinance establish; (f) Approve or disapprove ordinances as provided in Section 2.27 of this charter; and (g) Perform other duties as may be required by general State law, this charter, or ordinance. Section 2.27 . 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.
Page 3668
(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 of the Aldermen, it shall become law. Section 2.28 . Mayor Pro Tem; Selection; Duties. At each organizational meeting under Section 2.18, the Aldermen shall elect by majority vote from among their members a Mayor Pro Tem who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. The Aldermen shall elect an acting Mayor Pro Tem from among their 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 the Aldermen present. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10 . Administrative and Service Departments. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by ordinance. 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.
Page 3669
(b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any vacancy on a board, commission or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law. (e) No member of a board, commission or authority shall assume office until he has executed and filed with the Clerk of the City an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission or authority of the City government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the City or general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City. (h) No member of any board, commission, or authority shall hold any elective office in the City. Section 3.12 . City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation
Page 3670
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. (a) 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. The City Clerk shall sign all instruments drawing money from the treasury of the City, which instruments shall be cosigned by the Mayor or, in his absence, by the Mayor Pro Tem. (b) The City Clerk shall execute an official bond in the amount of $30,000.00 for the faithful performance of his duties. Section 3.14 . Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with 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 . All employees of the City shall serve at the pleasure of the City Council. ARTICLE IV MAYOR'S COURT Section 4.10 . Creation of Mayor's Court. There is hereby established a court to be known as the Mayor's Court of the City of
Page 3671
Adairsville which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same. Section 4.11 . Mayor to be Judge of Mayor's Court. (a) The Mayor'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 Mayor's Court unless he shall have attained the age of 21 years and be a resident of the same judicial circuit as that in which the Mayor's Court is located. 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. The oath shall be entered upon the Council minutes. Section 4.12 . Convening. The Mayor'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 Mayor's Court shall try and punish for violation of its ordinances, whether the violations occur within the corporate limits of the City or upon property of the City outside the corporate limits. The Mayor's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or five days in jail. The Mayor's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months, or both. As an alternative to fine or imprisonment, the Mayor's Court may sentence any offender upon conviction to labor in a City work gang or on the streets, sidewalks, squares or other public works for a period not exceeding six months.
Page 3672
(b) The Council shall have authority to establish a schedule of fees to defray the costs of operation of the Mayor's Court. The City 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 Mayor's Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the Judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall on order of the Judge be forfeited to the City or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (d) The Mayor's Court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The Mayor's Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (f) The Mayor's Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The Mayor's Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City 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.
Page 3673
(h) The Mayor, and any Associate Judge of the Mayor's Court, shall have the authority of a justice of the peace for the purposes of issuing warrants for the arrest of persons violating ordinances of the City, whether the violations occur within the corporate limits of the City or upon property of the City outside those corporate limits, but the Mayor or Associate Judge shall not act as judge in any proceeding involving an offense by a person for whom the Mayor or Associate Judge, respectively, issued an arrest warrant in connection with that offense. Section 4.14 . Appeal. The right of appeal shall exist in all cases from the judgment of the Mayor's Court to the Superior Court of Bartow 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 ten days of the date of his conviction in the Mayor'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 Mayor shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Mayor's Court; provided, however, that the Council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said Court may be filed with the City Clerk and shall be available for public inspection upon request. ARTICLE V ELECTIONS Section 5.10 . Applicability of General Law. All elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11 . Election of Council and Mayor. (a) On the Tuesday next following the first Monday in November, 1983, and on that day in each even-numbered year thereafter, the general municipal election for Mayor and Council of the City of Adairsville shall be conducted as provided in this article.
Page 3674
(b) For purposes of electing Aldermen members of the Council under this charter, there shall be four Aldermanic posts designated as Post 1, Post 2, Post 3, and Post 4. Any person offering for membership as Alderman on the Council shall designate at the time of qualifying for election that post for which such person is offering. Notwithstanding these post delegations, each Alderman, as well as the Mayor, shall be elected by the qualified voters voting in the entire city. (c) For purposes of this section, those persons named in this subsection who are serving as Aldermen of the City on January 10, 1983, shall be deemed to be serving in designated posts, under subsection (b) of this section, as follows: Mr. Earl Sutton - Post 1 Mr. Odell Adcock - Post 2 Mr. Donald M. Ayer - Post 3 Mr. Roy W.Fletcher - Post 4 (d) The Mayor and two Aldermen in Posts 1 and 2 who were elected at the City election in 1982 shall serve out their respective terms of office, which shall expire the first Saturday in January, 1984. Their successors shall be elected at the general municipal election in 1983, shall take office on the first Saturday in January, 1984, and shall serve until the first Thursday in January, 1987, and until the election and qualification of their respective successors. (e) The two Aldermen in Posts 3 and 4 who were elected at the City election in 1983 shall serve out their respective terms of office, which shall expire on the first Saturday in January, 1985. Their successors shall be elected at the general municipal election in 1984, shall take office on the first Saturday in January, 1985, and shall serve until the first Thursday in January, 1989, and until the election and qualification of their respective successors. (f) Successors to the Mayor and Aldermen elected under subsections (d) and (e) of this section shall be elected at the general municipal election immediately preceding the expiration of the incumbent's term of office, shall take office on the first Thursday in January following their election, and shall serve for a term of four
Page 3675
years and until the election and qualification of their respective successors. (g) For the period beginning on the effective date of this charter and ending on the first Saturday in January, 1984, the Council shall consist of the incumbent Mayor and incumbent Aldermen elected under that City charter existing immediately prior to the effective date of this charter. For the period beginning on the first Saturday in January, 1984, and ending on the first Saturday in January, 1985, the Council shall consist of the Mayor and two Aldermen from Posts 1 and 2 elected pursuant to subsection (d) of this section and the two incumbent Aldermen from Posts 3 and 4. Thereafter, the Council shall consist of a Mayor and four Aldermen elected pursuant to this charter. (h) The Mayor and each Alderman shall be elected by plurality vote. Section 5.12 . Special Elections; Vacancies. In the event that the office of Mayor or Alderman shall become vacant for any cause whatsoever, the Council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 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 Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 5.13 . 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 Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 5.14 . Grounds for Removal. The Mayor and any Alderman 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;
Page 3676
(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) knowing violation of any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof; or (f) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.15 . Procedure for Removal. Removal of the Mayor or any Alderman 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. 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 Bartow 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 Bartow County as provided by law. ARTICLE VI FINANCE Section 6.10 . Property Tax. The Council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and County. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion. Section 6.11 . Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of
Page 3677
these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City. Section 6.12 . Occupation and Business Taxes. The Council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.13 . License, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this Article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14 . 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 organization. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. 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
Page 3678
him. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. If unpaid, such charges shall be collected as provided in this Article for delinquent taxes and fees. 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, from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for County and City property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this Article for City property taxes. Section 6.17 . Construction, Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the City to govern its local affairs. The Council is authorized to establish a uniform scale of costs for the issuance and collection of all taxes and assessments of the City and for their collection and payment to the City. Section 6.18 . Collection of Delinquent Taxes and Fees. The Council, by ordinance, may provide generally for the collection of delinquent taxes, fees or other revenue due the City 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
Page 3679
for hardship; and providing for the assignment or transfer of tax executions. 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 tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or County ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.20 . General Obligation Bonds. The Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21 . Revenue Bonds. Revenue bonds may be issued by the Council as provided by Article 3 of Chapter 82 of Title 36, the Revenue Bond Law, or by any other Georgia law as now or hereafter provided. Section 6.22 . Short-Term Notes. The City must repay any short-term loans between January 1 and December 31 of the calendar year in which that loan was obtained or as is otherwise provided by present or future State law. Section 6.23 . Budget and Audit. The City shall conform to those budget and audit requirements established pursuant to Chapter 81 of Title 36 of the O.C.G.A., relating to budgets and audits for local governments. For such purposes the City Clerk shall be the budget officer of the City. Section 6.24 . Tax Levies. As the next order of business following adoption of a budget, the city council shall levy by ordinance
Page 3680
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 budget. Section 6.25 . Contracting Procedures. No contract with the City shall be binding on the City unless: (1) It is in writing; (2) It is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.26 . Centralized Purchasing. The Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the City. Section 6.27 . Sale of City Property. (a) The Council may sell and convey any real or personal property, except a public utility, owned or held by the City for governmental or other purposes as provided by Chapter 37 of Title 36 of the O.C.G.A., relating to acquisition and disposition of property. A public utility held or owned by the City may not be sold or conveyed unless the sale or conveyance is approved by a majority of the qualified voters of the City voting in a special election which shall be called for that purpose. (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
Page 3681
and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Title 22 of the O.C.G.A., relating to eminent domain, or any other Georgia law applicable now or provided in the future. Section 7.11 . 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 law. Section 7.12 . Prior Ordinances. All ordinances, bylaws, rules, and regulations now in force in the City and not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the Council. Section 7.13 . Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing matters shall be dealt with by such City agencies, personnel, or office as may be provided by the Council. Section 7.14 . Penalties. The violation of any provisions of this charter for which a penalty is not specifically prescribed by this charter shall be punishable by a fine of not more than $500.00, by imprisonment not to exceed 60 days, or both such fine and imprisonment.
Page 3682
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 word City shall mean the City of Adairsville, Georgia, and its governing authority. (d) The word Council shall mean the City Council of this City, consisting of the Mayor and Aldermen, unless otherwise specified. (e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.16 . Severability. If any Article, Section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each Article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.17 . Specific Repealer. An Act incorporating the Town of Adairsville, approved August 27, 1872 (Ga. L. 1872, p. 121), as amended, is repealed in its entirety. Section 7.18 . Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.19 . Repealer. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January, 1983, session of the General Assembly of Georgia:
Page 3683
An Act to revise and provide a new charter for the City of Adairsville, to repeal conflicting laws, and for other purposes. This 3rd day of January, 1983. /s/ Dennis F. Williams, Mayor /s/ Donald M. Ayer /s/ Earl Sutton, Alderman /s/ Odell Adcock /s/ Roy W. Fletcher, Alderman Affidavit. Georgia, Bartow County. Personally appeared before me, the undersigned publisher of the Herald-Tribune News, the official organ of Bartow County, Georgia, who, on oath, deposes and says that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Tribune on the following dates: February 3, 1983, January 20, 1983 and January 27, 1983. /s/ Charles E. Hurly Publisher, Herald-Tribune Sworn to and subscribed before me, this 4th day of February, 1983. /s/ Nancy K. Apgen Notary Public, Georgia State at Large. My Commission Expires July 30, 1983. (Seal). Approved March 14, 1983.
Page 3684
CITY OF PINEHURSTMAYOR AND COUNCILELECTION. No. 44 (Senate Bill No. 266). AN ACT To amend an Act creating a new charter for the City of Pinehurst, approved March 5, 1963 (Ga. L. 1963, p. 2089), so as to change the provisions relating to the election of the mayor and city 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 Pinehurst, approved March 5, 1963 (Ga. L. 1963, p. 2089), is amended by striking the seventh unnumbered paragraph of Section 7 of said Act, which reads as follows: The candidate who receives the greatest number of votes shall be declared elected and it shall be the duty of said election managers to deliver a certificate of election to each candidate so elected., and inserting in lieu thereof a new seventh unnumbered paragraph of Section 7 to read as follows: The candidate who receives a majority of the votes cast for an office shall be declared elected and it shall be the duty of said election managers to deliver a certificate of election to each candidate so elected. In the event that no person receives a majority of the votes cast for an office, a run-off election shall be held as provided in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Said elections for mayor and city council shall be held in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Elections Code.
Page 3685
Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Pinehurst, approved March 5, 1963 (Ga. L. 1963, p. 2089), so as to provide that the mayor and members of the council shall be elected by a majority of the votes cast in any election; and for other purposes. This 15 day of January, 1983. F. M. Leaptrot, Mayor, City of Pinehurst Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney L. Bowen who, on oath, deposes and says that he is Senator from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News-Observer which is the official organ of Dooly County, on the following dates: January 19, 26, and February 2, 1983. /s/ Rooney L. Bowen Senator, 13th District
Page 3686
Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF FORT VALLEYMUNICIPAL COURTPOWERS. No. 45 (House Bill No. 517). AN ACT To amend an Act establishing a municipal court in and for the City of Fort Valley, Georgia, approved August 12, 1914 (Ga. L. 1914, p. 869), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4047), so as to change the provisions relating to penalties imposed by such court; to change the provisions relating to powers of such court; 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 in and for the City of Fort Valley, Georgia, approved August 12, 1914 (Ga. L. 1914, p. 869), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4047), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The recorder or mayor or mayor pro tempore of said city shall have power to impose fines for the violation of any law or
Page 3687
ordinance of the City of Fort Valley to an amount not exceeding $500.00, or to imprison offenders in the city jail for a period of not more than 30 days or to labor on the streets or public works in the city work gang for not more than 90 days. Either one or all of said sentences may be imposed in the discretion of the presiding officer. He shall also have the same power as judges of the superior courts of the State of Georgia to punish for contempts by a fine not to exceed $50.00 or imprisonment in the city jail not exceeding 15 days. 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 corporate limits of the city, which warrants may be executed by any member of the police force of said city and to try and commit the offenders to the jail of Peach County or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act establishing a municipal court in and for the City of Fort Valley, Georgia, approved August 12, 1914 (Ga. L. 1914, p. 869), as amended, particularly by an Act approved April 12, 1982, (Ga. L. 1982, p. 4047), so as to change the provisions relating to penalties imposed by such court; to change the provisions relating to powers of such court; to repeal conflicting laws; and for other purposes. This 21st day of January, 1983. Robert Ray Representative, 98th District
Page 3688
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following dates: January 21, 27, and February 3, 1983. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 8th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF GAINESVILLEMUNICIPAL COURT JURISDICTION. No. 46 (House Bill No. 526). AN ACT To amend an Act entitled An Act to amend the charter of the City of Gainesville, to change the corporate name of said city, to
Page 3689
abolish the office of mayor and councilmen and certain other offices of said city created by Legislative Enactment, to provide for a commission manager form of government for said city, and for other purposes, approved August 15, 1922 (Ga. L. 1922, p. 834), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3302), so as to change the jurisdiction of the Municipal Court of Gainesville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act to amend the charter of the City of Gainesville, to change the corporate name of said city, to abolish the office of mayor and councilmen and certain other offices of said city created by Legislative Enactment, to provide for a commission manager form of government for said city, and for other purposes, approved August 15, 1922 (Ga. L. 1922, p. 834), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3302), is amended by striking Section 7.12 in its entirety and substituting in lieu thereof a new Section 7.12 to read as follows: Section 7.12. Punishment. Upon violation of any law, statute, or ordinance over which this court has jurisdiction, the judge of this court shall have the power to impose fines not exceeding $1,000.00 and to impose imprisonment for a period of not more than 12 months, or both such fine and such imprisonment. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act entitled, An Act to amend the charter of the City of Gainesville, to change the corporate name of said city, to abolish the office of mayor and councilmen and certain other offices of said city created by Legislative Enactment, to provide for a commission manager form of government for said city, and for other purposes, approved August 15, 1922 (Ga. L. 1922, p. 8341), as amended, so as to change the
Page 3690
jurisdiction of the Municipal Court of Gainesville; and for other purposes. This 17th day of January, 1983. Commissioners, City of Gainesville, Georgia James A. Hartley, Mayor John W. Morrow, Mayor Pro Tem Ernest Moore Randolph Waters Bob Hamrick Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tribune which is the official organ of Hall County, on the following dates: January 19, 26, and February 2, 1983. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3691
CITY OF OAKWOODRECORDER'S COURTMAXIMUM FINES. No. 47 (House Bill No. 527). AN ACT To amend an Act creating a new charter for the City of Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), so as to increase the maximum fine which may be imposed by the Recorder's Court of the City of Oakwood; 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 Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), is amended by striking subsection (d) of Section 4.3 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares, or other public works for a period not exceeding 90 days. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Oakwood, approved March 9,
Page 3692
1979 (Ga. L. 1979, p. 3069), so as to increase the maximum fine which may be imposed by the Recorder's Court of the City of Oakwood; and for other purposes. This 12th day of January, 1983. Mayor and City Council of Oakwood, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tribune which is the official organ of Hall County, on the following dates: January 12, 19, 26, 1983. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3693
CITY OF FLOWERY BRANCHMAYOR'S COURTMAXIMUM FINES. No. 48 (House Bill No. 539). AN ACT To amend an Act creating a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to increase the maximum fine which may be imposed by the Mayor's Court of the City of Flowery Branch; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, is amended by striking subsection (d) of Section 4.3 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares, or other public works for a period not exceeding 60 days. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to increase the maximum fine which may be imposed by the Mayor's Court of the City of Flowery Branch; and for other purposes.
Page 3694
This 19th day of January, 1983. Mayor and City Council Flowery Branch, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tribune which is the official organ of Hall County, on the following dates: January 19, 26, and February 2, 1983. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 8th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3695
BROOKS COUNTYSPECIAL FIRE PROTECTION DISTRICTS. No. 49 (House Bill No. 540). AN ACT To amend an Act authorizing the governing authority of Brooks County to establish special fire protection districts, approved April 11, 1979 (Ga. L. 1979, p. 4087), so as to limit the amount of property which shall be subject to the special tax; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act authorizing the governing authority of Brooks County to establish special fire protection districts, approved April 11, 1979 (Ga. L. 1979, p. 4087), is 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) The governing authority of Brooks County is hereby authorized to establish special fire protection districts throughout the county and to levy, subject to subsection (b) of this section, upon the taxable property therein for the purpose of constructing, obtaining, and maintaining fire protection facilities therefor. (b) In each special fire protection district, the number of acres of any taxpayer subject to the tax authorized by subsection (a) of this section shall be limited to 200 acres. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly a bill amending an Act authorizing
Page 3696
the governing authority of Brooks County to establish special fire protection districts; and for other purposes, approved April 11, 1979 (Ga. L. 1979, p. 4087); and for other purposes. This the 19 day of January, 1983. Henry L. Reaves Representative, 147th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he 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 19, 26, and February 2, 1983. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 9th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3697
WILKINSON COUNTYCOMPENSATION OF MEMBERS OF BOARD OF COMMISSIONERS. No. 50 (House Bill No. 557). AN ACT To amend an Act creating the board of commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3237) and an Act approved April 11, 1979 (Ga. L. 1979, p. 3267), so as to change the compensation of the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the board of commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3237) and an Act approved April 11, 1979 (Ga. L. 1979, p. 3267), is amended by striking Section 7 which reads as follows: Section 7. The said commissioners shall hold monthly meetings at the courthouse in said county on the first Tuesday in each month; that a majority of such commissioners shall be necessary to constitute a quorum of said board, and the concurrence of such majority shall be necessary to pass any order or decree. The members of the Board of Commissioners of Wilkinson County shall receive one hundred ($100.00) dollars per month as compensation for their services. That said commissioners are hereby given the right, when they deem necessary, to employ a clerk of said board, also an attorney for said county. The salary of said clerk and attorney shall be fixed by said board of commissioners. Said clerk and attorney shall hold office at the will of the commissioners., in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The commissioners shall hold monthly meetings at the courthouse in the county on the first Tuesday in each month. A
Page 3698
majority of the commissioners shall be necessary to constitute a quorum of the board. The concurrence of a majority shall be necessary to pass any order or decree. The members of the board of commissioners of Wilkinson County shall each receive $200.00 per month as compensation for their services. The board of commissioners are authorized, when they deem necessary, to employ a clerk of the board and an attorney for the county. The salary of the clerk and attorney shall be fixed by the board of commissioners. The clerk and attorney shall hold office at the will of the commissioners. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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. L. 1933, p. 777), as amended; and for other purposes. This 17th day of January, 1983. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 20, 27, and February 3, 1983.
Page 3699
/s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 9th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. WILKINSON COUNTYBOARD OF COMMISSIONERSELECTIONMEETINGS, ETC. No. 51 (House Bill No. 558). AN ACT To amend an Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777), as amended, so as to change the provisions relating to the election of the members of the board; to provide for the election of chairman of the board; to change the provisions relative to filling vacancies; to change the provisions relating to compensation and expenses of the members of the board; to change the provisions relating to meetings of the board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; to provide for the submission of this Act to the United States Department of Justice; and for other purposes.
Page 3700
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. L. 1933, p. 777), as amended, is amended by striking Sections 1 through 4 in their entirety and substituting in lieu thereof new Sections 1 through 4 to read as follows: Section 1. The governing authority of Wilkinson County shall be a board of commissioners consisting of a chairman and four additional members who shall be elected as hereinafter provided in this Act. Section 2. (a) The chairman of the board of commissioners may reside anywhere within Wilkinson County and shall be elected by a majority of the qualified electors of Wilkinson County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall have been a resident of Wilkinson County for two years immediately preceding the date of election and shall remain a resident of said county during the term of office. The chairman and all other members shall be at least 21 years of age as of the date of taking office. For the purpose of electing the other four members of the board, Wilkinson County shall be divided into four commissioner districts as follows: Commissioner District No. 1 Wilkinson Tract 9902 That part of Block 302 inside the City of Gordon Blocks 303 through 306 That part of Block 313 inside the City of Gordon Blocks 315 and 316 That part of Block 317 inside the City of Gordon Blocks 318 through 334 That part of Block 335 inside the City of Gordon Blocks 401 through 408, 410 through 421, and 429 through 434 That part of Block 441 inside the City of Gordon
Page 3701
Block 450 Commissioner District No. 2 Wilkinson Tract 9901 Blocks 103, 104, 110 through 113, and 120 That part of Block 121 outside the City of McIntyre Block 122 That part of Block 206 outside the City of McIntyre Blocks 207 through 210 That part of Block 211 outside the City of McIntyre Block 212 Tract 9902 Group 1 Blocks 201 through 243 Block 301 That part of Block 302 outside the City of Gordon Blocks 307 through 312 That part of Block 313 outside the City of Gordon Block 314 Those parts of Blocks 317 and 335 outside the City of Gordon Blocks 422 through 428 and 435 through 440 That part of Block 441 outside the City of Gordon Blocks 508 and 509 Commissioner District No. 3 Wilkinson Tract 9901 Those parts of Blocks 219 and 221 inside the City of Irwinton Blocks 228 through 230, 232, and 233
Page 3702
Blocks 301 through 303 Block 401 That part of Block 403 inside the City of Irwinton Blocks 408 through 410 and 414 through 432 Block Group 5 Tract 9902 Those parts of Blocks 506 and 507 outside the City of Irwinton Blocks 510 through 520 Block Groups 6 and 7 Commissioner District No. 4 Wilkinson Tract 9901 Blocks 101, 102, 105 through 109, and 114 through 119 That part of Block 121 inside the City of Irwinton Blocks 123 and 124 Blocks 201 through 205 Those parts of Blocks 206 and 211 inside the City of McIntyre Blocks 213 through 218 That part of Block 219 inside the City of McIntyre That part of Block 219 outside the City of Irwinton Block 220 That part of Block 221 inside the City of McIntyre That part of Block 221 outside the City of Irwinton Blocks 222 through 227 Blocks 304 through 312 Block 402 That part of Block 403 inside the City of Toomsboro That part of Block 403 outside the City of Toomsboro Blocks 404 through 407 and 411 through 413
Page 3703
Tract 9902 Blocks 501 through 505 Those parts of Blocks 506 and 507 inside the City of Irwinton (b) For the purposes of subsection (a) of this section, the terms `Tract,' `Block Group,' and `Block' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia, County of Wilkinson. Whenever the description of a commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. Any part of Wilkinson County which is not included in any commissioner district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980. (c) A candidate for commissioner other than the chairman, hereinafter referred to as district commissioner, shall have been a resident of the commissioner district for which the candidate is offering for at least one year and of Wilkinson County for at least two years prior to the election. A district commissioner shall remain a resident of the respective commissioner district during the term for which elected. Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the candidate is offering. The chairman and all other members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' (d) The first members of the board of commissioners provided for by this Act shall be elected at the general election of 1986 and shall take office on the first day of January 1987, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
Page 3704
Section 3. The chairman of the board of commissioners shall preside at meetings of the board and sign all orders and processes of the board. The chairman shall have such other powers and duties as may be delegated to said officer by the board. The chairman shall be a full-voting member of the board. Section 4. (a) If a vacancy occurs in the district membership of the board of commissioners by death, resignation, removal from the commissioner district from which elected, or for any other reason, such vacancy shall be filled by the remaining members of the board appointing a qualified person to fill such vacancy for the unexpired term. (b) If a vacancy occurs in the office of chairman of the board by death, resignation, removal from Wilkinson County, or for any other reason and: (1) The remaining term is six months or less, the remaining members shall elect one of their number to serve for the remaining term; or (2) The remaining term is more than six months, the election superintendent, within 15 days after the vacancy occurs, shall issue the call for a special election at which a qualified person shall be elected to serve for the remaining term. Such special election shall be called and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' Section 2 . Said Act is further amended by striking Sections 7 and 7A in their entirety and substituting in lieu thereof new Sections 7 and 7A to read as follows: Section 7. (a) The chairman of the board of commissioners shall receive an annual salary of $6,000.00 payable in equal monthly installments from the funds of Wilkinson County. (b) Each member of the board other than the chairman shall receive an annual salary of $4,200.00 payable in equal monthly installments from the funds of Wilkinson County. (c) In addition to compensation provided for in subsections (a) and (b) of this section, the chairman and other members of the board
Page 3705
shall be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties outside the county, including attendance at seminars or other training meetings for county officials, but attendance at any such seminar or meeting must be approved by a majority of the board prior to such attendance. When using their personal automobiles in traveling on official business outside the county, the chairman and all other members shall be reimbursed for travel expenses at the rate of 20 per mile. All expenses provided for herein shall be paid from the funds of Wilkinson County. Section 7A. (a) The board of commissioners shall hold regular meetings at the courthouse of Wilkinson County on the first and third Tuesday of each month. Other meetings of the board may be held on the call of the chairman. (b) A majority of the board of commissioners shall constitute a quorum for the transaction of business, but the affirmative vote of a majority of the board shall be necessary for the board to take official action. Section 3 . The provisions of this Act relating to and necessary for the election of the chairman and other members of the Board of Commissioners of Wilkinson County at the 1986 general election shall be effective on and after January 1, 1986. This Act shall be effective for all purposes on or after January 1, 1987. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Section 5 . It shall be the duty of the Board of Commissioners of Wilkinson County in office on the date this Act is approved by the Governor or on the date this Act otherwise becomes law to order the county attorney of Wilkinson County to submit this Act to the United States Department of Justice for review pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 42 U.S.C., Section 1973c. Such submission to the Department of Justice shall be made within 20 days after the date this Act is approved by the Governor or it otherwise becomes law.
Page 3706
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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. L. 1933, p. 777), as amended; and for other purposes. This 17th day of January, 1983. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 20, 27, and February 3, 1983. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 9th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3707
CITY OF WINTERVILLEPOLICE COURTPUNISHMENT AUTHORITY. No. 52 (House Bill No. 564). AN ACT To amend an Act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2399) and an Act approved April 9, 1973 (Ga. L. 1973, p. 2597), so as to change certain provisions relating to 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 new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2399) and an Act approved April 9, 1973 (Ga. L. 1973, p. 2597), is amended by striking Section 21 in its entirety and inserting in lieu thereof a new Section 21 to read as follows: Section 21. The mayor, mayor pro tem, or such other person elected by the mayor and council as the presiding officer of said police court shall have the power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed $1,000.00, or to imprison offenders for a period of not more than 30 days, or to labor on the public works or the streets of said city for a period of not more than 90 days. He shall have the power to punish for contempt by a fine not to exceed $50.00 or imprisonment not to exceed 30 days. He shall have the power of a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and to try and to commit the offender to jail in Clarke County, or admit them to bail, for their appearance at the next term of the court of competent jurisdiction to be held in and for 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.
Page 3708
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as amended, so as to change certain provisions relative to the Police Court; and for other purposes. This 13th day of January, 1983. Albert L. Stone, Jr. City Attorney for the City of Winterville 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 is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald which is the official organ of Clarke County, on the following dates: January 21, 28, and February 4, 1983. /s/ Louie Max Clark Representative, 13th District
Page 3709
Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. DEKALB COUNTYSTATE COURT ASSISTANT SOLICITORS' RESIDENCY REQUIREMENTS DELETED. No. 53 (House Bill No. 574). 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. L. 1951, p. 2401), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4108), so as to remove certain county residency requirements; 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. L. 1951, p. 2401), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4108), is amended by striking from Section 6A thereof the following: shall have been a resident of DeKalb County at least one year prior to his appointment,,
Page 3710
so that when so amended said Section 6A shall read as follows: Section 6A. 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 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 2 . All laws and parts of laws in conflict with this Act are 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, 1983, 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 elimination of the residency requirement for Assistant Solicitors; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1983. Ralph T. Bowden Solicitor, State Court of DeKalb County, Georgia
Page 3711
Publisher's Certificate. Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of 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-Civil Court-DeKalb County-residency requirement for assistant solicitor, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 6, 13, 20th days of January, 1983. /s/ Gerald W. Crane Co-Publisher Sworn to and subscribed before me, this 20th day of January, 1983. /s/ Linda L. Orr Notary Public. My Commission Expires June 21, 1985. (Seal). Approved March 14, 1983. TERRELL COUNTYSMALL CLAIMS COURT COSTS. No. 54 (House Bill No. 612). AN ACT To amend an Act creating and establishing a Small Claims Court of Terrell County, approved February 16, 1979 (Ga. L. 1979, p. 3012),
Page 3712
as amended, so as to change the provisions relating to costs in certain cases of garnishment; 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 Terrell County, approved February 16, 1979 (Ga. L. 1979, p. 3012), as amended, is amended by striking in its entirety subsection (a) of Section 8 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The plaintiff, when he files his 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; provided, however, that the deposit of cost in cases of continuing garnishment as provided in Article 6 of Chapter 4 of Title 18 of the O.C.G.A. shall be $70.00. 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1983 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. L. 1979, p. 3012), as amended and for other purposes. This is the 13th day of January, 1983.
Page 3713
Judge Sam Daniel Terrell County Small Claims Court Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st 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 6, 13, 20, 1983. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3714
JONES COUNTYCOMPENSATION OF CHAIRMAN AND MEMBERS OF BOARD OF EDUCATION. No. 55 (House Bill No. 656). AN ACT To amend an Act creating a new board of education of Jones County, approved April 10, 1971 (Ga. L. 1971, p. 3396), so as to change the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new board of education of Jones County, approved April 10, 1971 (Ga. L. 1971, p. 3396), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The members of the board of education, other than the chairman, shall be compensated in the amount of $100.00 per month for their services. The chairman shall be compensated in the amount of $125.00 per month for service as chairman. The members and chairman shall be reimbursed for actual and necessary expenses incurred by them when traveling out of the county on official business. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act
Page 3715
creating a new Board of Education of Jones County, approved April 10, 1971 (Ga. L. 1971, p. 3396), so as to set the compensation for the chairman and members of the board of education, and for other purposes. This 24th day of January, 1983. Kenneth W. Birdsong Representative, 104th District Kenneth Waldrep Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th 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 27, February 3, 10, 1983. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 15th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3716
RABUN COUNTYCOMPENSATION OF CHAIRMAN AND MEMBERS OF BOARD OF COMMISSIONERS. No. 56 (House Bill No. 668). AN ACT To amend an Act creating the board of commissioners of Rabun County, approved March 26, 1969 (Ga. L. 1969, p. 2397), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2206), so as to change the compensation of the chairman and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the board of commissioners of Rabun County, approved March 26, 1969 (Ga. L. 1969, p. 2397), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2206), is amended by striking Section 7, which reads as follows: Section 7. The two members of the board other than the chairman shall be compensated in the amount of Two Hundred Dollars ($200.00) per month and the Chairman shall be compensated in the amount of Three Hundred Fifty Dollars ($350.00) per month, such compensation to be paid in equal monthly installments from the funds of Rabun County. Each member of the board and the Chairman shall be compensated for actual expenses incurred while on official business of the county, and which reimbursement for expenses shall be approved by the board prior to payment., in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
Page 3717
Section 7. The two members of the board other than the chairman shall be compensated in the amount of $300.00 per month and the chairman shall be compensated in the amount of $450.00 per month, such compensation to be paid in equal monthly installments from the funds of Rabun County. Each member of the board and the chairman shall be compensated for actual expenses incurred while on official business of the county, which reimbursement for expenses shall be approved by the board prior to payment. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act establishing the Rabun County Board of Commissioners (Ga. L. 1969, page 2397), as amended; to change the compensation of members of the Board of Commissioners; and for other purposes. This 24th day of January, 1983. Affidavit of Publication. Georgia, Rabun County. Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, James Wallace, Publisher who on oath deposes and says that he is the publisher of The Clayton Tribune, a newspaper published in Clayton, Georgia, of general circulation, and that the attached advertisement has been published in The Clayton Tribune once a week for 3 weeks in the regular issues of 1/27/83, 2/03/83, and 2/10/83.
Page 3718
/s/ James Wallace Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Marilyn Rogers Notary Public, Rabun County, Georgia. My Commission Expires April 30, 1983 (Seal). Approved March 14, 1983. DAWSON COUNTYETOWAH WATER AND SEWER AUTHORITYMEMBERS' QUALIFICATIONS AND MANNER OF ELECTING. No. 57 (House Bill No. 673). AN ACT To amend an Act creating the Etowah Water and Sewer Authority, approved March 18, 1980 (Ga. L. 1980, p. 3407), so as to change the qualifications necessary for election to membership on the authority; to change the provisions relative to the filling of vacancies on the authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Etowah Water and Sewer Authority, approved March 18, 1980 (Ga. L. 1980, p. 3407), is amended by striking from Section 2 subsections (c) and (f), which read as follows: (c) To be eligible for election as a member of the Authority a person shall be at least 21 years of age, a resident of Dawson County
Page 3719
for at least two years prior to the date of his election, shall not have been convicted of a felony and at the time of election, shall be a user of the facilities of the Authority. The provisions of this subsection shall not apply to the initial members of the Authority appointed under the provisions of this Section. (f) In the event of a vacancy by reason of death, disqualification, resignation or other reason, the remaining members of the Authority shall elect, by majority vote, a qualified person to fill the vacancy until the next annual election by the users of the system, at which time the users of the system shall elect a qualified person to fill the remaining unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the Authority who is convicted of a felony, who moves his residence from Dawson County, or who is indicted or charged with any act of misfeasance, malfeasance, or nonfeasance by the Dawson County Grand Jury, acting in its sole discretion. If, for any reason whatsoever, the users of the system shall fail to elect a member at any annual meeting to replace a member whose term expires, the remaining members of the Authority shall elect, by majority vote, a duly qualified person as a member of the Authority to serve until the next annual meeting of the users., and inserting in their respective places new subsections (c) and (f) to read as follows: (c) To be eligible for election as a member of the Authority, a person shall be at least 21 years of age, a resident of Dawson County for at least two years prior to the date of his election, or a resident for two years prior to the date of his election of a county adjoining Dawson County, provided the project has been extended into such adjoining county by the Authority, shall not have been convicted of a felony, and, at the time of election, shall be a user of the facilities of the Authority. The provisions of this subsection shall not apply to the initial members of the Authority appointed under the provisions of this section. (f) Should the initial term of any member of the Authority expire before there are any users of the facilities, the remaining members of the Authority shall elect, by majority vote, a person who is otherwise duly qualified as a member of the Authority to serve until the first annual meeting of the users. In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the
Page 3720
remaining members of the Authority shall elect, by majority vote, a qualified person to fill the vacancy until the next annual election by the users of the system, at which time the users of the system shall elect a qualified person to fill the remaining unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the Authority who is convicted of a felony, who moves his residence from Dawson County or from any adjoining county into which the project has been extended by the Authority or who is indicted or charged with any act of misfeasance, malfeasance, or nonfeasance by the Dawson County Grand Jury, acting in its sole discretion. If, for any reason whatsoever, the users of the system shall fail to elect a member at any annual meeting to replace a member whose term expires, the remaining members of the Authority shall elect, by majority vote, a duly qualified person as a member of the Authority to serve until the next annual meeting of the users. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to amend the Act creating the Etowah Water and Sewer Authority. This the 17th day of January, 1983. Joe T. Wood Representative, 9th District, Post 1 Bobby Lawson Representative, 9th District, Post 2 Jerry Jackson Representative, 9th District, Post 3
Page 3721
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser which is the official organ of Dawson County, on the following dates: January 20, 27, and February 3, 1983. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. WALKER COUNTYPROBATE JUDGEMAXIMUM COMPENSATION OF PERSONNEL. No. 58 (House Bill No. 677). AN ACT To amend an Act placing the probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as
Page 3722
amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3939), so as to change the maximum amount of compensation of personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3939), is amended by striking from Section 4 the figure $20,000.00 and inserting in its place the figure $21,000.00, so that when so amended said section shall read as follows: Section 4. The above named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said judge of the probate court shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said officer shall not exceed the total sum of $21,000.00 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act placing the Probate Judge of Walker County on an annual salary, approved Jan. 27, 1964, (Ga. Laws 1964, page 2014), as amended; and for other purposes, this 17th day of Jan., 1983.
Page 3723
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, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 19, 28, and February 2, 1983. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3724
WALKER COUNTYSUPERIOR COURT CLERKMAXIMUM COMPENSATION OF PERSONNEL. No. 59 (House Bill No. 679). AN ACT To amend an Act placing the clerk of superior court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4421), so as to change the maximum compensation of personnel of the clerk's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the clerk of superior court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4421), is amended by striking subsection (a) of Section 4 which reads 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, assistants and other personnel appointed by said officer shall not exceed the total sum of $55,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia., and inserting in its place a new subsection to read as follows: (a) (1) The above named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, and other personnel appointed by said officer shall not exceed the total sum of $55,000.00 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly from the general funds of Walker County, Georgia.
Page 3725
(2) Notwithstanding the limitation contained in paragraph (1) of this subsection, on and after the effective date of this paragraph the deputy clerk of superior court shall be compensated by an annual salary of $13,100.00 and the clerk of superior court may increase the compensation of the other personnel of his office by an amount not to exceed 5.23 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 Jan. 27, 1964 (Ga. Laws 1964, page 2024), as amended; and for other purposes, this 17th day of Jan., 1983. 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, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 19, 28, and February 2, 1983.
Page 3726
/s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. DEKALB COUNTYSTATE COURTCLERK'S DUTIES RE. DOCKETING DOCUMENTS. No. 60 (House Bill No. 752). AN ACT To amend an Act creating the State Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to authorize the clerk of court to assign docket numbers to certain documents and to then forward a copy of such documents to 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 DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is amended by adding immediately following Section 11B thereof a new Section 11C to read as follows:
Page 3727
Section 11C. The clerk of court is authorized to receive all misdemeanor arrest warrants, uniform traffic citations, bind over slips, and other documents formally charging an individual with a misdemeanor offense. The clerk shall assign a docket number to each such document and shall forward a copy of each such document to the solicitor of the 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 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, 1983, 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), authorizing the Clerk to number and file all misdemeanor arrest warrants, uniform traffic citations, and bindover slips forwarded to the State Court of DeKalb County and to forward such to the solicitor of said court; to repeal conflicting laws; and for other purposes. This 17th day of January, 1983. Kenneth Cheek Clerk, State Court of DeKalb County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank L. Redding, Jr., who, on oath, deposes and says that he is Representative from the 50th District, and
Page 3728
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 20, 27 and February 3, 1983. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 14, 1983. BULLOCH COUNTYCOMPENSATION OF CHAIRMAN AND MEMBERS OF BOARD OF COMMISSIONERS. No. 62 (House Bill No. 770). AN ACT To amend an Act creating the board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3757), so as to change the compensation of the chairman and other members of the board; to provide that this Act shall become effective January 1, 1985; to repeal conflicting laws; and for other purposes.
Page 3729
Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3757), is amended by striking subsection (a) of Section 2 which reads as follows: (a). The salary of the chairman and clerk of said board shall be $16,000 per annum, payable in equal monthly installments, and the salary of the other two board members shall be $2,400 per annum, payable in equal monthly installments. The chairman and clerk shall devote full time to the duties of said office. The board shall have the right to furnish an automobile for the chairman and clerk to provide for his transportation while on county business., and inserting in its place a new subsection to read as follows: (a). The salary of the chairman and clerk of said board shall be $25,000.00 per annum, payable in equal monthly installments, and the salary of the other two members shall be $3,600.00 per annum, payable in equal monthly installments. The chairman and clerk shall devote full time to the duties of said office. The board shall have the right to furnish an automobile for the chairman and clerk to provide for his transportation while on county business. Section 2 . This Act shall become effective January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice to The Public. The public is notified that there will be introduced in the 1983 Session of the General Assembly of Georgia a bill to provide for changes in compensation of the Chairman and Members of Bulloch County Board of Commissioners and of the Coroner of Bulloch County, Georgia. It is contemplated that the changes in compensation will be an increase for those concerned, to be effective with the term beginning January 1, 1985.
Page 3730
This January 13, 1983. John F. Godbee Representative, District 110 Bob Lane Representative, District 111 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 is Representative from the 111th 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 14, 21, 28, 1983. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3731
BULLOCH COUNTYCOMPENSATION OF CLERICAL ASSISTANTS TO BOARD OF COMMISSIONERS. No. 63 (House Bill No. 771). AN ACT To amend an Act creating a board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4493), 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. L. 1924, p. 290), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4493), is amended by striking subsection (b) of Section 2 of said Act in its entirety and substituting in lieu thereof the following: (b) The chairman and clerk of said board is authorized to employ an assistant clerk, who may be compensated in an amount not to exceed $12,075.00 per annum, and an additional clerical assistant, who may be compensated in an amount not to exceed $10,111.00 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 repealed. Notice to the Public. The public is notified that there will be introduced in the 1983 Session of the General Assembly of Georgia a bill to provide for
Page 3732
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 County 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 29, 1983. Robert Emory Lane Representative, District 111 John F. Godbee Representative, District 110 Joseph E. Kennedy Senator, 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 110th 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: February 3, 10, 17, 1983. /s/ John F. Godbee Representative, 110th District
Page 3733
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. BOARDS OF COUNTY COMMISSIONERS IN CERTAIN COUNTIES (9,365 - 9,385). No. 64 (House Bill No. 787). AN ACT To repeal specifically an Act providing for boards of commissioners in counties having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census, approved April 12, 1982 (Ga. L. 1982, p. 4606); to provide 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 boards of commissioners in counties having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census, approved April 12, 1982 (Ga. L. 1982, p. 4606), is repealed in its entirety. Section 2 . This Act shall become effective only if a local Act is passed at the 1983 regular session of the General Assembly so as to provide for a board of commissioners of Bacon County, in which event
Page 3734
this Act shall become effective upon the first effective date of that local Act; otherwise, this Act shall be void and of no force or effect. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1983. HARALSON COUNTYPROBATE JUDGECOMPENSATION. No. 65 (House Bill No. 796). 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. L. 1966, p. 2259), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3935), 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. L. 1966, p. 2259), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3935), is amended by striking from Section 3 the following: $18,000.00, and inserting in lieu thereof the following:
Page 3735
$21,000.00, 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 $21,000.00 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. L. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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 10 day of January, 1983. /s/ W. Harold Blackmon
Page 3736
Affidavit. Georgia, Haralson County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County. The following dates, to-wit: January 6, 13, 20, and 27, 1983. Sworn to on the 21st day of February, 1983. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 21st day of February, 1983. /s/ Lisa Y. Mayes Notary Public, Georgia State at Large. My Commission Expires June 3, 1985. (Seal). Approved March 14, 1983.
Page 3737
CLAYTON COUNTYCOMPENSATION OF SHERIFF, CLERK OF SUPERIOR COURT AND DEPUTIES. No. 66 (House Bill No. 491). 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. L. 1949, p. 1910), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4478), so as to change the compensation of said officers; to change the compensation of 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 placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4478), is amended by striking from Section 1 the following: $29,305.00, and inserting in lieu thereof the following: $30,770.25, 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 $30,770.25 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.
Page 3738
Section 2 . Said Act is further amended by striking from subsection (b) of Section 1A the following: $21,500.00, and inserting in lieu thereof the following: $22,575.00, so that when so amended said subsection (b) shall read as follows: (b) The deputy clerk of the superior court shall receive as compensation for his services a salary to be fixed in the discretion of the clerk of the superior court in an amount not to exceed $22,575.00 per annum, payable in equal monthly installments out of the funds of Clayton County. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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. L. 1949, p. 1910), as amended; and for other purposes. This 6th day of January, 1983. Honorable Jimmy Benefield Chairman, Clayton County Legislative Delegation
Page 3739
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy W. Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ Jimmy W. Benefield Representative, 72nd District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION ACT AMENDEDREFERENDUM No. 67 (House Bill No. 556). AN ACT To amend an Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. L. 1979, p. 3378), as
Page 3740
amended by an Act approved March 25, 1980 (Ga. L. 1980, p. 3950), an Act approved April 6, 1981 (Ga. L. 1981, p. 3850), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4087), so as to extend the time within which said commission shall complete its work; to change references to the judge of the probate court to the board of elections of Glynn County; to change certain provisions relative to the conduct of the referendum election held for approval or rejection of a proposed charter or charters; to change the manner in which the votes shall be counted in the referendum election held for approval or rejection of a proposed charter or charters; 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 Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. L. 1979, p. 3378), as amended by an Act approved March 25, 1980 (Ga. L. 1980, p. 3950), an Act approved April 6, 1981 (Ga. L. 1981, p. 3850), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4087), is amended by striking subsection (a) of Section 8, which reads as follows: (a) Said Charter Commission shall complete its study and make its recommendations regarding any changes that should be made in the governments of the City of Brunswick and Glynn County by September 30, 1983, 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, 1983. 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., and inserting in lieu thereof a new subsection (a) of Section 8 to read as follows: (a) Said charter commission shall complete its study and make its recommendations regarding any changes that should be made in the governments of the City of Brunswick and Glynn County by May
Page 3741
31, 1984, 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 May 31, 1984. 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 . Said Act is further amended by striking Sections 10 and 11, which read as follows: Section 10. (a) Not less than 30 nor more than 90 days after receipt of the certified copy of such proposed charter or charters and after receipt of the approval by the Justice Department of such proposed charter or charters, it shall be the duty of the Judge of the Probate Court of Glynn County to issue the call for an election for the purpose of submitting said charter or charters to the qualified voters of Glynn County, including the City of Brunswick, for approval or rejection. No charter shall be submitted if it has not been approved by the Justice Department. The judge of the probate court shall set the date of such election for a day not less than 15 nor more than 30 days after the issuance of the call. The judge of the probate court shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the following: `For approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single countywide government to supersede and replace said governments. Against approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single countywide government to supersede and replace said governments.', or `For approval of the charter incorporating St. Simons Island as a separate municipality and approval of the charter creating a new single government for all the remaining area of Glynn County, including the City of Brunswick, which charters shall supersede and
Page 3742
replace the present governments of the City of Brunswick and Glynn County. Against approval of the charter incorporating St. Simons Island as a separate municipality and approval of the charter creating a new single government for all the remaining area of Glynn County, including the City of Brunswick, which charters shall supersede and replace the present governments of the City of Brunswick and Glynn County.' All persons desiring to vote in favor of said charter or charters shall vote for approval, and those persons desiring to vote for rejection of said charter or charters shall vote against approval. If more than one-half of the votes cast are for approval of said charter or charters, then said charter or charters shall become effective as provided hereinafter, otherwise it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Brunswick and Glynn County. (b) The Judge of the Probate Court of Glynn County is hereby authorized to name assistants to help in conducting said election and may designate such number of poll managers as said judge of the probate court deems necessary and shall designate the time and places for voting at said election. Said judge of the probate court is hereby vested with authority to adopt rules and regulations governing said election and may take such measures as may be necessary to properly conduct said election. Said judge of the probate court shall also be vested with all powers conferred upon judges of the probate courts by the `Georgia Election Code' as set forth in Title 34 of the Code of Georgia. (c) A qualified voter, as used herein, shall be held to mean a voter of Glynn County qualified to vote for members of the General Assembly of Georgia. The judge of the probate court shall canvass the returns and certify the results of said election as follows: The judge of the probate court shall certify, under his hand and seal, the results of said election to the Secretary of State of Georgia and shall furnish the results thereof to the Secretary of State together with a certified copy of the charter or charters previously filed with him by said Commission. The Secretary of State shall issue his proclamation showing and declaring the result of said election on the ratification or rejection of said charter or charters, one copy of which proclamation shall be attached to the copy of the charter or charters certified to said
Page 3743
Secretary of State, one copy of which shall be delivered to the clerk of the governing authority of the City of Brunswick who shall attach the same to the copy of the charter or charters previously certified to him, and one copy of which shall be delivered to the clerk of the governing authority of Glynn County who shall attach the same to the copy of the charter or charters previously certified to him. (d) Whenever a charter for the consolidation of the governments of the City of Brunswick and Glynn County or charters for new governments within Glynn County have been adopted, two certified copies of each such charter, with proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter or charters of said new government or governments and shall be admissible in evidence without further authentication. The certified copy of the charter or charters and proclamation deposited with the clerk of the governing authority of the City of Brunswick and the certified copy of the charter or charters and proclamation deposited with the clerk of the governing authority of Glynn County shall subsequently be delivered by them to such officer of the successor government or governments as said charter or charters shall provide. The officer of said successor government or governments to whom said copies of the charter or charters and proclamation are delivered may issue certified copies of said charter or charters authenticated by his signature as custodian and any copy so certified by him shall be admissible as original evidence in a court of law or other proceedings. The Secretary of State of Georgia is hereby authorized to issue certified copies of the charter or charters on file with him, and any copy so certified by him shall be admissible in a court of law or other proceedings as original evidence. Section 11. In the event the proposed single countywide government charter is ratified by the qualified voters of Glynn County as provided in Section 10, an election shall be held in accordance with the provisions of said charter to elect the members of the governing authority of said countywide government. Upon the election of the members of said countywide governing authority of said countywide government and their assuming their duties of office, the existing governments of the City of Brunswick and Glynn County shall stand abolished, all in accordance with the provisions of the charter of said countywide government., and inserting in lieu thereof new Sections 10 and 11 to read as follows:
Page 3744
Section 10. (a) Not less than 30 nor more than 90 days after receipt of the certified copy of such proposed charter or charters and after receipt of the approval by the United States Department of Justice of such proposed charter or charters, it shall be the duty of the board of elections of Glynn County to issue the call for an election for the purpose of submitting said charter or charters to the voters of Glynn County and the City of Brunswick who are qualified to vote for members of the General Assembly for approval or rejection. No charter shall be submitted if it has not been approved by the Department of Justice. The board of elections of Glynn County 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 board of elections of Glynn County shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the following: `For approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single countywide government to supersede and replace said governments. Against approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single county-wide government to supersede and replace said governments.', or `For approval of the charter incorporating St. Simons Island as a separate municipality and approval of the charter creating a new single government for all the remaining area of Glynn County, including the City of Brunswick, which charters shall supersede and replace the present governments of the City of Brunswick and Glynn County. Against approval of the charter incorporating St. Simons Island as a separate municipality and approval of the charter creating a new single government for all the remaining area of Glynn County, including the City of Brunswick, which charters shall supersede and replace the present governments of the City of Brunswick and Glynn County.'
Page 3745
All persons desiring to vote in favor of said charter or charters shall vote for approval and those persons desiring to vote for rejection of said charter or charters shall vote against approval. The votes cast by the qualified voters of the City of Brunswick and the votes cast by the qualified voters of Glynn County as a whole shall be counted separately for the purpose of determining approval or rejection of such charter or charters. If more than one-half of the votes cast by the qualified voters of the City of Brunswick and more than one-half of the votes cast by the qualified voters of Glynn County as a whole are for approval of said charter or charters, then said charter or charters shall become effective as provided in this Act; otherwise it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Brunswick and Glynn County. (b) The board of elections of Glynn County is vested with all powers conferred upon election superintendents and boards of registrars by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code' and the referendum election provided for in this section shall be held in accordance with the provisions of said Georgia Election Code. (c) The board of elections of Glynn County shall canvass the returns and certify the results of said election to the Secretary of State, together with a certified copy of the charter or charters previously filed with him by the charter commission. The Secretary of State shall issue his proclamation showing and declaring the result of said election on the ratification or rejection of said charter or charters, one copy of which proclamation shall be attached to the copy of the charter or charters certified to said Secretary of State, one copy of which shall be delivered to the clerk of the governing authority of the City of Brunswick who shall attach the same to the copy of the charter or charters previously certified to him, and one copy of which shall be delivered to the clerk of the governing authority of Glynn County who shall attach the same to the copy of the charter or charters previously certified to him. (d) Whenever a charter for the consolidation of the governments of the City of Brunswick and Glynn County or charters for new governments within Glynn County have been adopted, two certified copies of each such charter, with the proclamation of the Secretary of State attached thereto, shall be deemed duplicate original copies of the charter or charters of said new government or governments and shall be admissible in evidence without further authentication. The
Page 3746
certified copy of the charter or charters and proclamation deposited with the clerk of the governing authority of the City of Brunswick and the certified copy of the charter or charters and proclamation deposited with the clerk of the governing authority of Glynn County shall subsequently be delivered by them to such officer of the successor government or governments as said charter or charters shall provide. The officer of said successor government or governments to whom said copies of the charter or charters and proclamation are delivered may issue certified copies of said charter or charters authenticated by his signature as custodian and any copy so certified by him shall be admissible as original evidence in a court of law or other proceedings. The Secretary of State is authorized to issue certified copies of the charter or charters on file with him, and any copy so certified by him shall be admissible in a court of law on other proceedings as original evidence. Section 11. In the event the proposed single county-wide government charter is ratified by the qualified voters of Glynn County and the City of Brunswick as provided in Section 10 of this Act, an election shall be held in accordance with the provisions of said charter to elect the members of the governing authority of said county-wide government. Upon the election of the members of said county-wide governing authority of said county-wide government and their assuming their duties of office, the existing governments of the City of Brunswick and Glynn County shall stand abolished, all in accordance with the provisions of the charter of said county-wide government. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to amend an Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979, (Ga. Laws 1979, pg. 3378), as amended by an Act approved March 25, 1980, (Ga. Laws 1980, pg. 3950); as amended by an Act approved April 6, 1981, (Ga. Laws 1981, p. 3850); as
Page 3747
amended by an Act approved April 12, 1982 (Ga. Laws 1982, p. 4087), and for other purposes. This 7th day of January, 1983. Dean Auten Representative, 156th 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 is Representative from the 156th 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 18, 25, and February 1, 1983. /s/ Dean G. Auten Representative, 156th District Sworn to and subscribed before me, this 9th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3748
CITY OF SALE CITYMAYOR AND COUNCILMENTERMS AND ELECTION PROCEDURES. No. 68 (House Bill No. 562). AN ACT To amend an Act incorporating the City of Sale City in Mitchell County, approved August 12, 1910 (Ga. L. 1910, p. 1117), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2823), so as to change the terms of and procedures for election 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 Sale City in Mitchell County, approved August 12, 1910 (Ga. L. 1910, p. 1117), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2823), is amended by striking Section 4, relating to election of mayor and councilmen, and inserting in its place a new Section 4 to read as follows: Section 4. Election of mayor and councilmen. (a) The mayor and councilmen in office on the effective date of this section shall continue to serve until their successors are duly elected and qualified as provided by law. (b) On the first Wednesday in December, 1983, an election shall be held for mayor and councilmen. The mayor, city councilman, Post 1, and city councilman, Post 2, shall be elected therein and shall serve for a term of three years. City councilman, Post 3, city councilman, Post 4, and city councilman, Post 5 shall be elected therein and shall serve for a term of two years. (c) On the first Wednesday in December, 1985, an election shall be held for those three councilmen who at said date are serving as councilman, Post 3, councilman, Post 4, and councilman, Post 5. The councilmen elected therein shall serve for a term of three years. (d) Not later than 60 days after the effective date of this Act, and during a regular meeting of the mayor and councilmen, the councilmen serving shall determine by lot the post in which each councilman is serving.
Page 3749
(e) On the first Wednesday in December of the year prior to the expiration of any term hereinabove set out, an election shall be held for those councilmen or those councilmen and mayor whose terms shall expire during the following year. The terms of office for mayor and councilmen shall begin on the second Monday in January of the year following their respective election. Except as otherwise provided herein, said terms shall continue for three years and until their successors are elected and qualified. (f) In all elections held by the City of Sale City for the purpose of electing 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 city council. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1983 Session of the General Assembly of Georgia a bill to be entitled An Act to Amend An Act Incorporating the City of Sale City in Mitchell County, Georgia, so as to provide that the terms of the Mayor and Councilmen shall be for three (3) years; to provide that candidates for position on the Council shall announce and run for a particular numbered position on the Council; to provide that the date for the election of the Mayor and/or Councilmen shall be on the first Wednesday in December prior to the expiration of the term of the Mayor and/or Councilmen; to provide for staggered terms of Councilmen; to repeal all conflicting laws; and for other purposes. This the 13 day of January, 1983. Hughes Ledford Robert E. Hughes City Attorney for Sale City, Georgia
Page 3750
Georgia, Mitchell County. In person before the undersigned certifying officer, appeared Richard S. Johnson, who after being duly sworn, deposes, says and certifies that he is the Publisher of The Camilla Enterprise, a newspaper published in said County and in which the advertisements of the Sheriff of said County are published, and that the attached Notice of proposed legislation has been published in The Camilla Enterprise on the following days, to-wit: January 14, January 21, January 28, 1983. /s/ Richard S. Johnson (L.S.) Sworn to and subscribed before me, this the 28th day of January, 1983. /s/ Judy F. Newton Notary Public, Mitchell County, Georgia. My Commission Expires January 14, 1987. (Seal). Approved March 14, 1983. NEWTON COUNTYSMALL CLAIMS COURTFEES. No. 69 (House Bill No. 613). AN ACT To amend an Act creating and establishing a small claims court in and for Newton County, approved March 31, 1976 (Ga. L. 1976, p. 3807), as amended, so as to require the court to impose an additional
Page 3751
fee in connection with each claim or proceeding filed in the small claims court or any successor court; to require the judge or clerk of the small claims court or any successor court to collect and remit the fees to the treasurer of the board of trustees of the Newton County Law Library; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a small claims court in and for Newton County, approved March 31, 1976 (Ga. L. 1976, p. 3807), as amended, is amended by adding a new subsection (c) at the end of Section 8 to read as follows: (c) In connection with each claim or proceeding filed in the small claims court or any successor court, the sum of $2.00, in addition to all other legal costs, shall be imposed and collected by the court for the use and benefit of the Newton County Law Library in accordance with the provisions contained in Chapter 15 of Title 36 of the O.C.G.A., relating to the creation of a county law library in each county of this state. The judge or clerk of the small claims court or any successor court shall remit said fees to the treasurer of the board of trustees of the Newton County Law Library on or before the tenth day of the following 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing a Small Claims Court in and for Newton County, approved March 31, 1976 (Ga. L. 1976, p. 3807), as amended, so as to require the court to impose an additional fee in connection with each claim or proceeding filed in the court; to require the clerk of the court to collect and remit the fees to the treasurer of the board of trustees of the Newton County Law Library; and for other purposes.
Page 3752
This 10th day of January, 1983. Honorable Denny M. Dobbs Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: January 13, 20, 27, 1983. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3753
COLQUITT COUNTYSCHOOL SYSTEMUSE OF LOCAL SALES TAX REVENUES. No. 70 (House Bill No. 614). AN ACT To provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment (Res. Act 189, H.R. 636-1641, Ga. L. 1980, p. 2127) which authorizes the use by the Colquitt County School System of the proceeds of any local sales and use tax levied within Colquitt 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 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution, authorizing the continuation of certain amendments to the Constitution. Section 2 . That Constitutional Amendment (Res. Act 189, H.R. 636-1641, Ga. L. 1980, p. 2127) which authorizes the use by the Colquitt County School System of the proceeds of any local sales and use tax levied within Colquitt County shall not be repealed or deleted upon July 1, 1987, as part of the Constitution ratified at the general election in 1982 but is specifically continued in force and effect on and after that date as part of that Constitution. Section 3 . This Act shall become effective July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular session of the General Assembly of Georgia a bill to continue in force and effect that amendment to the Constitution of 1976 which authorized
Page 3754
the use by the Colquitt County school system of the proceeds of any local and use tax levied within Colquitt County; to provide that said amendment shall be continued in force and effect after July 1, 1987, as provided in Article XI, Section I, Paragraph IV of the Constitution of 1982; to provide for related matters; and for other purposes. Hugh D. Matthews Representative, 145th District 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 is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 26, February 2, 9, 1983. /s/ Hugh D. Matthews Representative, 145th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3755
HART COUNTYPROBATE JUDGECOMPENSATION. No. 71 (House Bill No. 615). AN ACT To amend an Act placing the clerk of the superior court and the probate judge of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, so as to provide for the compensation of 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 and the probate judge of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, is amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The judge of the probate court shall receive an annual salary in the same amount as that provided for the sheriff of Hart County pursuant to Code Section 15-16-20 of the O.C.G.A., relating to minimum annual salaries for sheriffs, 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 repealed. Notice. This is to serve notice that there will be introduced in the General Assembly a Change in the Compensation of the Probate Judge, etc.
Page 3756
/s/ Geraldine G. Bailey Probate Judge Hart County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: December 23, 30, 1982 and January 6, 1983. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3757
DOUGHERTY COUNTYCOUNTY SUPPLEMENTS TO CERTAIN OFFICIALS. No. 72 (House Bill No. 621). AN ACT To amend an Act placing certain county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4098), so as to provide for county supplements to the sheriff, clerk of the superior court, and judge of the probate 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: Section 1 . An Act placing certain county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4098), is amended by adding immediately following Section 2 thereof a new Section 2A to read as follows: Section 2A. The governing authority of Dougherty County is authorized to provide from county funds a supplement to the compensation of the sheriff, judge of the probate court, and clerk of the superior court of Dougherty County, or any one or more of such officers. The amount of such supplement shall be fixed by the governing authority of Dougherty County but shall not exceed $5,000.00 per annum. Within the limitations provided in this section, it shall be within the sole discretion of the governing authority of Dougherty County to establish the amount of such supplement and, from time to time, to increase or decrease said supplement in such manner as the governing authority of Dougherty County shall provide. Section 2 . This Act shall become effective July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 3758
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4098); and for other purposes. This 25 day of January, 1983. Tommy Chambless Representative, 133rd District 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 is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: January 27, February 3, 10, 1983. /s/ Tommy Chambless Representative, 133rd District
Page 3759
Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF SAVANNAH AND CHATHAM COUNTY SCHOOL SYSTEMDISTRICTS. No. 73 (House Bill No. 628). AN ACT To amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3098) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4139), so as to correct certain technical errors in the descriptions of the districts from which members of the board of education are elected; to state legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3098) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4139), is amended by striking from Section 1 the descriptions of Education Districts No. 1 through 8 and inserting in their place new descriptions to read as follows:
Page 3760
Education District No. 1 Chatham Tract 29 Tract 30 Block Groups 2 and 3 Tract 34 Block Groups 1 through 3 Blocks 401 through 403, 509, 510, 513, 514, and 523 Tract 39 Blocks 101 through 104, 106 through 109, and 115 through 117 Block Group 2 Blocks 302 through 306 Tract 40.01 Block Groups 1 and 4 Blocks 501 through 507, 509 through 519, 521 through 524, 526, 527, 534, 541, and 542 Tract 40.02 Blocks 201 through 204 and 230 through 232 Block Groups 3 and 5 Tract 42.02 That part of Block 101 outside the City of Vernonberg Blocks 102 through 121, 133, 134, 136, 204 through 206, and 209 through 222 Tract 101.02 Blocks 314 through 318 That part of Block 901 outside the City of Thunderbolt Block 902 Tract 102 Blocks 101 through 116, 118 through 121, and 202 through 206
Page 3761
Education District No. 2 Chatham Tract 3 Block Groups 4 through 6 Tracts 10 and 11 Tract 19 Blocks 201, 202, 210, 211, and 215 Tracts 20 and 21 Tract 22 Blocks 205, 211, and 213 through 216 Block Groups 3 through 5 Blocks 601 through 603 and 605 through 611 Tract 26 Blocks 101 through 105, 108 through 116, 202 through 207, 210 through 215, 302 through 307, and 311 through 315 Tract 27 Tract 30 Block Group 1 Tract 35.01 Blocks 101, 102, and 104 through 107 Tract 37 Blocks 306 through 313 Tract 101.01 Block 110 Block Groups 2 and 3 Education District No. 3 Chatham Tract 3 Block Groups 1 through 3 Tracts 3.99, 8, and 9 Tract 13 Blocks 102 through 114 Tract 22 Block Group 1 Blocks 201 through 204, 206 through 209, 212, and 612
Page 3762
Tract 35.01 Blocks 108 and 109 Block Groups 2 through 5 Tract 35.02 Tract 36.01 That part of Block 101 within the City of Savannah Blocks 111 through 114 Block Groups 2 through 4 Blocks 501 through 503, 603, 604, 609, and 610 Tract 36.02 That part of Block 101 within the City of Savannah Blocks 103 through 109 and 111 Block Groups 2 through 6 Tract 37 Block Groups 1 and 2 Blocks 301 through 305 Tract 38 Tract 39 Blocks 110 through 114, 307 through 321, and 323 Tract 101.01 Blocks 103 through 107 and 109 Tract 101.02 Blocks 312 and 313 Tract 106.05 That part of Block 304 within the City of Savannah Tract 106.99
Page 3763
Education District No. 4 Chatham Tract 36.01 That part of Block 101 outside the City of Savannah Blocks 102, 103, 105 through 110, 115, 504 through 508, 601, 602, and 605 through 608 Tract 36.02 That part of Block 101 outside the City of Savannah Tract 40.02 Blocks 205 through 219 and 233 through 235 Tract 41 Tract 42.02 Block 140 Tract 101.01 Block 108 Block Group 4 Tract 101.02 Block Groups 1 and 2 Blocks 301 through 310 That part of Block 901 within the City of Thunderbolt Blocks 903 and 921 Tract 102 Blocks 117 and 201 Tract 110.01 Blocks 101 through 109, 111 through 113, 201 through 206, 211 through 214, 301 through 305, 307 through 314, and 401 Block Group 6 Blocks 901 through 903 Tracts 110.02 and 111.01 through 111.03
Page 3764
Education District No. 5 Chatham Tract 13 Block 101 Block Groups 2 and 3 Tract 15 Tract 18 Block Group 1 Blocks 201 through 219 and 221 through 226 Tract 19 Block Group 1 Blocks 203 through 209 and 212 through 214 Block Group 3 Tract 24 Blocks 101 through 106, 110 through 119, 202 through 212, 215 through 220, 301 through 305, 308 through 316, and 318 through 321 Tract 25 Tract 26 Blocks 106, 107, 117, 118, 201, 208, 209, 216, 301, and 308 through 310 Tract 28 Tract 34 Blocks 404 through 418, 420, 422, 424 through 426, 501 through 508, 511, 512, 515 through 522, and 524 through 530 Tract 40.01 Blocks 530 through 535 and 537 through 540 Tracts 43 through 45 Tract 105 Block Groups 1 and 3
Page 3765
Education District No. 6 Chatham Tract 42.02 That part of Block 101 within the City of Vernonberg Blocks 122, 123, 138, 139, 201 through 203, 207, and 208 Tracts 42.03 and 42.04 Tract 108.02 Blocks 323 through 329, 401 through 413, 416 through 425, and 427 through 433 Tract 109 Tract 110.01 Blocks 123 through 136, 198, 199, 207 through 209, 215, 220, and 230 through 233 Education District No. 7 Chatham Tract 105 Blocks 202, 204 through 209, 215, 903, 905, 910, 911, 913, 914, 916, 917, 920 through 924, 927, 930, 931, and 990 Tracts 106.01 and 106.03 Tract 106.05 Blocks 816 and 901 through 904 Tracts 107 and 108.01 Tract 108.02 Block Groups 1 and 2 Blocks 301, 302, 304 through 322, 414, 415, and 426 Block Group 9 Education District No. 8 Chatham Tracts 1, 6.01, 6.02, 12, and 17 Tract 18 Block 220
Page 3766
Tract 23 Tract 24 Blocks 107 through 109, 120, 201, 213, 214, 306, 307, and 317 Tracts 32, 33.01, and 33.02 Tract 105 Blocks 203, 989, and 992 through 998 Tract 106.04 Tract 106.05 Block Groups 1 and 2 Blocks 301 through 303 That part of Block 304 outside the City of Savannah Blocks 905 through 911, 914, 916 through 918, and 995 through 998 Section 2 . The General Assembly declares that the intent of this Act is to correct technical errors in the amendatory Act approved April 12, 1982 (Ga. L. 1982, p. 4139) in conformity with the intention of the General Assembly in enacting said 1982 Act; and this Act shall not be construed to imply that the law prior to its approval was other than the law after its approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be introduced at the 1983 Session of the Georgia General Assembly a Bill to amend an Act approved March 21, 1968, (Ga. L. 1968, p. 2636) and related Acts, pertaining to the Board of Education for the City of Savannah and the County of Chatham and relating to the amount of compensation paid to Members of the elected Board of Education and an Act to amend the Districts from which they are elected and the length of the terms that the elected Members shall serve on the Board of Education and Acts relating to other matters relating to said Board of Education. This 29th day of December, 1982.
Page 3767
Edward H. Lee School Board Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Ginsberg, who, on oath, deposes and says that he is Representative from the 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: January 5, 12, 19, 26, 1983. /s/ Ron Ginsberg Representative, 122nd District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3768
BEN HILL COUNTYTAX COMMISSIONERCOMPENSATION. No. 74 (House Bill No. 630). AN ACT To amend an Act creating the office of tax commissioner of Ben Hill County, approved March 25, 1980 (Ga. L. 1980, p. 3954), so as to provide that the tax commissioner shall be compensated by an annual salary rather than by any fees; 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 tax commissioner of Ben Hill County, approved March 25, 1980 (Ga. L. 1980, p. 3954), is amended by striking Section 3 which reads as follows: Section 3. The tax commissioner shall receive for his services a commission equal to one-half of the commission schedule provided by Code Section 91A-1370(a), except that the commission and schedules prescribed by said Act shall apply upon the first 80 percent of the ad valorem net digest collected by the tax commissioner. On all taxes collected in excess of 80 percent of the total of taxes due according to the Tax Net Digest of Ben Hill County, the tax commissioner's commission shall be for such taxes 10 percent of all such collections due irrespective of the schedule and rates contained in said Section 91A-1370(a). The tax commissioner shall be responsible for determining the number and paying the compensation of such personnel as may be necessary to assist the tax commissioner in discharging his official duties, but all expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as to the compensation of such additional personnel, including but not limited to office equipment, supplies, fixtures, and utility expenses shall be paid by the county from county funds. It is specifically provided that the commissions and compensation provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, except those commissions allowed for the sale of motor vehicle license plates by
Page 3769
local tax officials, notwithstanding the fact that such services of which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, which commissions the tax commissioner shall be entitled to receive and retain in addition to the commissions otherwise provided for herein., and inserting in its place a new Section 3 to read as follows: Section 3. (a) The tax commissioner of Ben Hill County shall be compensated by an annual salary in the amount prescribed by the general law of this state fixing minimum salaries for tax commissioners who are paid on a salary basis. This salary shall be paid in equal monthly installments from county funds. This salary shall be the sole compensation of the tax commissioner, and all other moneys collected by the tax commissioner shall be public funds. (b) All expenses incurred by the tax commissioner in operating and discharging the official duties of his office including the compensation of additional personnel and including office equipment, supplies, fixtures, and utility expenses shall be paid by Ben Hill County from county funds. The hiring of such additional personnel and their compensation shall be within the sole discretion of the governing authority of Ben Hill County. Section 2 . Said Act is further amended by striking 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 Ben Hill County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected, except that said tax commissioner may withhold from said funds to be turned over to the county the portion thereof representing his commission as herein provided., and inserting in its place a new Section 4 to read as follows: Section 4. All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds
Page 3770
belonging to Ben Hill County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. Section 3 . This Act shall become effective January 1, 1985. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly a bill to amend and act consolidating the offices of Tax Collector and Tax Receiver into the office of Tax Commissioner by changing the compensation of said office to a salary; provide for the expenses of said office including personnel; and to provide for the rights, liabilities and duties of said office; to provide all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Georgia, Ben Hill County. Personally appeared before the undersigned authority duly authorized to administer oaths, Gerald W. Pryor who upon oath deposes and states that he is the Editor and Publisher of the Fitzgerald Herald Leader and the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fitzgerald Herald Leader which is the official organ of Ben Hill County on the following dates: January 13, 20, 27, 1983. This 10th day of February, 1983. /s/ Gerald W. Pryor
Page 3771
Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Betty S. Bailey Notary Public. (Seal). Approved March 14, 1983. CITY OF CEDARTOWNRECORDERAUTHORITY TO IMPOSE PUNISHMENT. No. 75 (House Bill No. 631). AN ACT To amend an Act creating a new charter for the City of Cedartown, approved March 29, 1937 (Ga. L. 1937, p. 1595), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2571), so as to change certain fines; 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 Cedartown, approved March 29, 1937 (Ga. L. 1937, p. 1595), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2571), is amended by striking from Section 32 thereof the following: three hundred ($300.00) dollars, and inserting in place the following:
Page 3772
$1,000.00, so that when so amended said Section 32 shall read as follows: Section 32. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to prescribe by ordinance adequate penalties for all offenses against the laws and ordinances of said city, and to punish offenders by fine not to exceed $1,000.00, imprisonment in the city jail, or Polk County jail, not to exceed 60 days, or sentence to work on the streets of said city not to exceed three months, any one or more or any part of any one or more of said punishments, in the discretion of the recorder or any officer trying the offender. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the next Session of the General Assembly of Georgia local legislation to amend the Charter of the City of Cedartown in the following particulars. To amend Section 32 of the Charter of the City of Cedartown, Georgia (Ga. Laws 1958, p. 2571), so that the same will provide an increase in the maximum fine limitations from $300.00 to $1,000.00; and for other purposes. Copies of the Proposed Amendment will be on file with the Office of Clerk with the City of Cedartown, Georgia, for the purpose of examination and inspection by the public during normal daily business hours. Dated: January 25, 1983. /s/ J. J. Brooks City Manager, City of Cedartown, Georgia
Page 3773
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cummings, who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: January 27, February 3, 10, 1983. /s/ Bill Cummings Representative, 17th District Sworn to and subscribed before me, this 15th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. COLUMBUS, GEORGIAPENALTIES FOR VIOLATIONS OF ORDINANCES, ETC. No. 76 (House Bill No. 641). AN ACT To amend an Act ratifying, confirming, enacting, and incorporating the charter of the county-wide government of Columbus, Georgia,
Page 3774
approved October 5, 1971 (Ga. L. 1971, Ex.Sess., p. 2007), as amended, so as to change the penalties for violations of ordinances, rules, and regulations; to repeal certain provisions of an Act amending the charter of the City of Columbus, approved August 5, 1921 (Ga. L. 1921, p. 800), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act ratifying, confirming, enacting, and incorporating the charter of the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex.Sess., p. 2007), as amended, is amended by striking subsection (2) of Section 3-104 of said Act in its entirety and inserting in lieu thereof a new subsection (2) to read as follows: (2) In the exercise of its powers, the Council shall adopt and provide for the execution of such ordinances, rules and regulations, not inconsistent with this Charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this Charter and for the promotion and protection of the safety, health, peace, security and general welfare of the inhabitants of the consolidated government and may enforce such ordinances, rules and regulations by imposing penalties for violations thereof, by a fine not exceeding $600.00 or imprisonment not exceeding 90 days, or both. Section 2 . An Act amending the charter of the City of Columbus, approved August 5, 1921 (Ga. L. 1921, p. 800), as amended, is amended by striking from paragraph (22) of Section 3 of said Act the following: , by a fine of not exceeding two hundred and fifty ($250.00) dollars or imprisonment for not exceeding ninety (90) days, or both. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 3775
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, 1983 for the passage of an Act amending the Charter of Columbus, Georgia, so as to increase the allowable penalties for violations of ordinances, rules, and regulations from two hundred fifty dollars ($250.00) to one thousand dollars ($1,000.00). E. H. Polleys, Jr. City Attorney, Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: January 14, 21, 28, 1983. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 9th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3776
TOWNS COUNTYGEORGIA MOUNTAIN FAIR AUTHORITYQUALIFICATIONS OF MEMBERS, ETC. No. 77 (House Bill No. 643). AN ACT To amend an Act creating the Georgia Mountain Fair Authority of Towns County Act, approved March 18, 1980 (Ga. L. 1980, p. 3134), so as to change the qualifications of the members of the authority; to define further the term project; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Georgia Mountain Fair Authority of Towns County Act, approved March 18, 1980 (Ga. L. 1980, p. 3134), is amended by striking the last paragraph of subsection (b) of Section 2 in its entirety and substituting in lieu thereof a new last paragraph of subsection (b) to read as follows: In the event a vacancy occurs on the authority for any reason, the remaining members shall appoint a citizen and resident of Towns County to fill such vacancy. A majority of the members shall constitute a quorum, but no action may be taken by the authority without the affirmative vote of a majority of the total membership of the authority. The authority is empowered to elect its own chairman, vice chairman, and secretary from its membership. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 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) to read as follows:
Page 3777
(b) (1) The word `project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of buildings for the housing of exhibits for fairs and the usual facilities, furnishings, equipment, and real and personal property related thereto, and extensions and improvements of such buildings, equipment, facilities, and property, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such buildings, facilities, furnishings, and equipment, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the authority to be necessary, convenient, or desirable. (2) 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 food and lodging for transient gruests with not less than 80 guest rooms available for overnight accommodations, marinas, condomininums, and public or private facilities, which are declared to be projects of sufficient magnitude to result in substantial economic benefit upon the geographical area served by the authority, and to promote attendance at fairs and events held in facilities of the authority. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is gien that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to amend an act creating the Georgia Mountain Fair Authority of Towns Councy Act, approved March 18, 1980, (Ga. L. 1980, pp.3134); and for other purposes. This 25 day of January, 1983.
Page 3778
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, on the following dates: January 28, February 4 and 11, 1983. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. LAURENS COUNTYTAX COMMISSIONERCOMPENSATION. No. 78 (House Bill No. 652). AN ACT To amend an Act consolidating the office of tax receiver and tax collector of Laurens County into the office of tax commissioner of
Page 3779
Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4109), 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 office of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4109), is amended by striking from the first sentence of Section 3 thereof the following: $22,540.00, and inserting in lieu thereof the following: $23,667.00, so that when so amended the first sentence of Section 3 thereof shall read as follows: The tax commissioner of Laurens County shall be compensated in the amount of $23,667.00 per annum, to be paid in equal monthly installments from the funds of Laurens County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Legal Advertisement. Notice is hereby given that at the request of the Laurens County Commissioners, there will be introduced in the 1983 regular session of
Page 3780
the General Assembly of Georgia, a bill to alter the compensation of the Tax Commissioner of Laurens County retroactive to January 1, 1983, to provide an effective date, and for other purposes. S. DuBose Porter Representative, 119th District Georgia, Laurens County. Affidavit of Publisher. Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, R. Griffin Lovett, who, having been duly sworn, deposes and says that, as such, he is authorized to make this affidavit and that the attached notice was published in The Dublin Courier Herald, a local newspaper of general circulation in Laurens County, Georgia, on January 22, and 29, 1983, and February 5, 1983. /s/ R. Griffin Lovett, Publisher Sworn to and subscribed before me, this 8 day of February, 1983. /s/ Ann W. Ford Notary Public, Georgia State at Large. My Commission Expires February 10, 1985. (Seal). Approved March 14, 1983.
Page 3781
LAURENS COUNTYPROBATE JUDGECOMPENSATION. No. 79 (House Bill No. 653). AN ACT To amend an Act placing the judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. L. 1971, p. 2622), as amended, particularly by an Act approved March 26, 1980 (Ga. L. 1980, p. 4275), so as to change the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. L. 1971, p. 2622), as amended, particularly by an Act approved March 26, 1980 (Ga. L. 1980, p. 4275), is amended by striking from Section 1 thereof the following: $18,090.00, and inserting in lieu thereof the following: $18,994.50, so that when so amended Section 1 thereof shall read as follows: Section 1. After the effective date of this Act, the present method of compensating the Probate Court Judge of Laurens County, known as the fee system, is hereby abolished and in lieu thereof the probate court judge shall receive a salary of $18,994.50 per annum, payable in equal monthly installments from the funds of Laurens County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites heretofore allowed as compensation to the probate court judge, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered.
Page 3782
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Legal Advertisement. Notice is hereby given that at the request of the Laurens County Commissioners, there will be introduced in the 1983 regular session of the General Assembly of Georgia, a bill to alter the compensation of the Judge of the Probate Court of Laurens County retroactive to January 1, 1983, to provide an effective date, and for other purposes. S. DuBose Porter Representative, 119th District Georgia, Laurens County. Affidavit of Publisher. Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, R. Griffin Lovett, who, having been duly sworn, deposes and says that, as such, he is authorized to make this affidavit and that the attached notice was published in The Dublin Courier Herald, a local newspaper of general circulation in Laurens County, Georgia, on January 22, and 29, 1983, and February 5, 1983. /s/ R. Griffin Lovett, Publisher
Page 3783
Sworn to and subscribed before me, this 8 day of February, 1983. /s/ Ann W. Ford Notary Public, Georgia State at Large My Commission Expires February 10, 1985. (Seal). Approved March 14, 1983. TOWN OF OCONEE - RECORDER'S COURTAUTHORITY TO PUNISH. No. 80 (House Bill No. 676). AN ACT To amend an Act creating a new charter for the Town of Oconee, approved April 2, 1963 (Ga. L. 1963, p. 2755), so as to change the fines and punishments which may be imposed by the mayor or 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 Town of Oconee, approved April 2, 1963 (Ga. L. 1963, p. 2755), is amended by striking from subsection (D) of Section 15 thereof the following: fifty ($50.00) dollars, and inserting in its place the following: $500.00,
Page 3784
and by striking, wherever it appears, the following: fifteen (15) days, and inserting in its place the following: 30 days, so that when so amended said subsection (D) shall read as follows: (D) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $500.00 and to imprisonment in the prison of said city or in the common jail of Washington County, not exceeding 30 days, and to work and labor in the city chain gang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding 30 days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. Section 2 . All laws and parts of laws in conflict with this Act are repealed. I intend to introduce into the next term of the Georgia General Assembly (1983) a bill to amend the Charter of the City of Oconee in reference to the powers of the recorders court and for other purposes. Jimmy Lord 107th District
Page 3785
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following dates: January 27, February 3, 10, 1983. /s/ Jimmy Lord Representative, 107th District Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CLAY COUNTYCOMMISSIONER DISTRICTS. No. 81 (House Bill No. 682). AN ACT To amend an Act creating a board of commissioners of Clay County, approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p.
Page 3786
2326), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3489), so as to change the commissioner districts in said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of commissioners of Clay County, approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3489), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. Effective January 1, 1984, for the purpose of electing members of the board of commissioners, Clay County is divided into five commissioner districts as follows: COMMISSIONER DISTRICT 1 - BLUFFTON : This commissioner district shall consist of all of the County lying easterly of a line commencing at the south boundary line of the County where the north prong of Kolomokee Creek intersects the south boundary line, running thence up Kolomokee Creek to County Road No. 20, running thence along the center line of County Road No. 20 northerly to County Road No. 24, thence northerly along County Road No. 24 until it reaches Georgia Highway No. 37, thence easterly along Georgia Highway No. 37 to County Road No. 131; thence northerly along the center line of County Road No. 131 to north boundary of the County line. COMMISSIONER DISTRICT 2 - ZETTO : This commissioner district shall consist of that part of the County lying west of the westerly boundary line of Commissioner District 1, and south of a line commencing at a point where County Road No. 131 intersects the north boundary line of Clay County, running thence west along the north boundary to the southwest corner of Randolph County, Georgia, thence northerly along the dividing line between Randolph County and Clay County, Georgia, to the center line of Cemochechobee Creek; thence westerly along the center line of Cemochechobee Creek to the easterly boundary line of the present city limits of Fort Gaines, Georgia; thence south, west and south, and along the present easterly and southerly boundary line of the City of Fort Gaines to the southeasterly corner thereof; thence westerly along the south boundary line of the city limit line of Fort Gaines, Georgia to the Chattahoochee
Page 3787
River; thence following the westerly and southerly boundary line of Clay County, Georgia to the point of beginning of Commissioner District No. 1. COMMISSIONER DISTRICT 3 - LOWER FORT GAINES : This commissioner district shall consist of the part of the City of Fort Gaines lying south and west of the following northerly boundary line: Commencing where Cemochechobee Creek runs into the Chattahoochee River, thence easterly along the center line of Cemocheechobee Creek to the center line of the right of way of the Southern Railroad; thence along the center line of the Southern Railroad right of way to Troupe Street; thence easterly and southerly along the center line of Troupe Street to the center line of Habersham Street; thence easterly along the center line of Habersham Street to the center line of Hancock Street; thence southerly along the center line of Hancock Street to the center line of LaFayette Street; thence easterly along the center line of LaFayette Street and an easterly extension thereof to Speight Road, and including all houses in Speight Subdivision. COMMISSIONER DISTRICT 4 - UPPER FORT GAINES : This commissioner district shall consist of the northerly remainder of the City of Fort Gaines, Georgia, and the part of Clay County, Georgia lying within the following metes and bounds, to-wit: Commencing where Georgia Highway No. 39 intersects the present northerly boundary line of the City of Fort Gaines, Georgia; running thence northerly along the center line of Georgia Highway No. 39 to County Road No. 69; running thence easterly along the center line of County Road No. 69 to the center line of Cottonhill Road (County Road No. 43); running thence northeasterly along the center line of Cottonhill Road to the easterly boundary line of Clay County, Georgia; running thence southerly along the easterly boundary line of Clay County, Georgia to the center line of Cemochechobee Creek; thence westerly along the center line of Cemochechobee Creek to the easterly boundary line of the City of Fort Gaines, Georgia; thence northerly and westerly along the easterly and northerly boundary lines of the City of Fort Gaines, Georgia to the point of beginning. COMMISSIONER DISTRICT 5 - SEVENTH DISTRICT : This commissioner district shall consist of the remainder of the County north of the northerly city limits of Fort Gaines, Georgia and north and west of the northwesterly boundary line of Commissioner District 4 as above described.
Page 3788
Section 2 . Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) At the primary and general elections conducted in 1984, members of the board shall be elected to represent Commissioner Districts 1 through 5, and they shall each serve for terms of office of four years and until their successors are elected and qualified. (b) Members elected pursuant to the provisions of subsection (a) of this section shall take office on the first day of January following their election. Successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and they shall take office on the first day of January immediately following their election and they shall each serve for terms of office of four years and until their successors are elected and qualified. (c) No person shall be eligible to qualify as a candidate for election to the board unless he shall have been a bona fide resident of the commissioner district from which he is offering at least five years immediately preceding the date of the election. Members of the board of commissioners shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code,' and they shall be elected by a majority vote of the qualified voters of their respective commissioner districts. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of roads and revenues for Clay County, approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended; and for other purposes.
Page 3789
This 3rd day of January, 1983. /s/ Gerald Isler Chairman, Clay County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times News Record which is the official organ of Clay County, on the following dates: January 13, 20, 27, 1983. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3790
CATOOSA COUNTYCLERK OF SUPERIOR COURTSALARY, ETC. No. 82 (House Bill No. 699). AN ACT To amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3570), so as to increase the salary of said clerk; to increase the clerical help allowance for the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3570), is amended by striking from Section 2 the following; $20,000.00, and inserting in lieu thereof the following $24,000.00, so that when so amended Section 2 shall read as follows: Section 2. The salaries of said county officers shall be as follows: The judge of the probate court $ 7,000.00 per annum Clerk of the superior court $ 24,000.00 per annum All salaries payable under this Act shall be paid in equal monthly installments from funds of Catoosa County.
Page 3791
Section 2 . Said Act is further amended by striking from Section 3 the following: $14,600.00, and substituting in lieu thereof the following: $17,600.00, so that when so amended Section 3 shall read as follows: Section 3. The maximum allowance to be paid for clerical help shall be: Clerical help for the judge of the probate court $ 17,600.00 per annum Clerical help for the clerk of the superior court $ 26,000.00 per annum All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed.
Page 3792
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the salary of the Clerk of the Superior Court of Catoosa County, Georgia, and to increase the clerical allowance for said office, at the January, 1983 Session of the General Assembly of the State of Georgia. This the 29th day of December, 1982. Norman L. Stone Clerk, Superior Court, Catoosa County, Georgia Proof of Publication. 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, 6, 13 and 20, 1983. /s/ Jim Caldwell
Page 3793
Sworn to and subscribed before me, this the 21 day of January, 1983. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the clerical allowance in the office of the Probate Court at the January 1983 Session of the General Assembly of the State of Georgia. This the 29th day of December, 1982. Sam T. Dills Probate Judge of Catoosa County, Georgia Proof of Publication. 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 6, 13, and 20, 1983. /s/ Jim Caldwell
Page 3794
Sworn to and subscribed before me, this the 21 day of January, 1983. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1985. (Seal). Approved March 14, 1983. CATOOSA COUNTYTAX COMMISSIONERALLOWANCES FOR CLERICAL ASSISTANTS. No. 83 (House Bill No. 700). AN ACT To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4618), so as to increase the amount payable for clerical help in that office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4618), is amended by striking Section 5, which reads as follows:
Page 3795
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 $28,800.00 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 due 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 allowed tax commissioners for motor vehicle license tags pursuant to an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as now or hereafter amended, and for certain motor vehicle title transactions pursuant to an Act approved March 3, 1961 (Ga. L. 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., and inserting in its place a 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 $33,800.00 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
Page 3796
taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, which total taxes due 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 allowed tax commissioners for motor vehicle license tags and for certain motor vehicle title transactions pursuant to Chapters 2 and 3 of Title 40 of the O.C.G.A. 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 repealed. Notice. Notice is hereby given that there will be requested local legislation to increase the clerical allowance of the office of the Tax Commissioner of Catoosa County, Georgia, and for other purposes, at the January, 1983 session of The General Assembly of the State of Georgia. This the 30th day of December, 1982. Charles Proctor, Sr. Tax Commissioner, Catoosa County
Page 3797
Proof of Publication. 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 6, 13, 20, 1983. /s/ Jim Caldwell Sworn to and subscribed before me, this the 21 day of January, 1983. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1985. (Seal). Approved March 14, 1983. CITY OF BROOKLETPUNISHMENT FOR VIOLATIONS OF CITY ORDINANCES, ETC. No. 84 (House Bill No. 701). AN ACT To amend an Act incorporating Brooklet in Bulloch County, approved August 21, 1906 (Ga. L. 1906, p. 548), as amended, particularly
Page 3798
larly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3448), so as to increase the maximum punishment for violations of city ordinances; to provide for jurisdiction of the city 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 incorporating Brooklet in Bulloch County, approved August 21, 1906 (Ga. L. 1906, p. 548), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3448), is amended by striking from Section 21 the following: two hundred dollars, and inserting in lieu thereof the following: $600.00, and by striking the following: sixty days, and inserting in lieu thereof the following: ninety days, so that when so amended said Section 21 shall read as follows: Section 21. Be it enacted, That the mayor and council of Brooklet shall have power and authority to pass and enforce any ordinances providing for the arrest, trial and punishment of any offenders against the charter and bylaws and ordinances of said town, passed in accordance with this charter, by fine, imprisonment, or work on the streets, one or more of said punishments; provided, said fines shall not exceed the sum of $600.00 and said imprisonment or period of labor shall not exceed ninety days.
Page 3799
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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the January, 1983, Session of the General Assembly of Georgia to amend the charter of the Town of Brooklet (Ga. L. 1906, p. 548, as amended) so as to increase the maximum fine for violation of ordinances of the Town of Brooklet from two hundred dollars to six hundred dollars, and said imprisonment or period of labor shall not exceed ninety days. This 11 day of January, 1983. John Godbee Representative, 110th District 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 110th 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 13, 20, 27, 1983. /s/ John F. Godbee Representative, 110th District
Page 3800
Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. OCONEE COUNTYCOMPENSATION OF CHAIRMAN AND MEMBERS OF BOARD OF COMMISSIONERS. No. 85 (House Bill No. 709). AN ACT To amend an Act creating the board of commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3568), so as to change the compensation of the chairman and other members of the board of commissioners of Oconee 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 Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3568), is amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. (a) The chairman of the board of commissioners of Oconee County shall be paid the sum of $18,000.00 per annum, payable in equal monthly installments from the funds of Oconee County.
Page 3801
(b) The remaining members of said board shall each be paid the sum of $200.00 per month for their services, said sum to be paid from the funds of Oconee 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to change the compensation of the Chairman and other members of the Board of Commissioners of Oconee County; to provide for matters relative thereto; and for other purposes. This 24th of January, 1983. E. R. Lambert Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County, on the following dates: January 27, February 3, 10, 1983. /s/ E. Roy Lambert Representative, 66th District
Page 3802
Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF ARAGONCITY COURTAUTHORITY TO IMPOSE PUNISHMENT FOR VIOLATIONS OF ORDINANCES. No. 86 (House Bill No. 754). AN ACT To amend an Act creating a new charter for the City of Aragon, approved April 10, 1971 (Ga. L. 1971, p. 3770), as amended, so as to change certain fines; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Aragon, approved April 10, 1971 (Ga. L. 1971, p. 3770), as amended, is amended by striking from subsection (d) of Section 13 thereof the following: three hundred dollars ($300.00), and inserting in its place the following:
Page 3803
$1,000.00, so that when so amended said subsection (d) shall read as follows: (d) Upon the conviction of any defendant of violation of any law or ordinance of said City, said court will have the right to sentence said defendant to pay a fine not exceeding $1,000.00 and to imprisonment in the prison of said City or in the common jail of Polk County, not exceeding ninety (90) days, and to work and labor in the city chain gang or on the streets or public works of said City, whether within or without the corporate limits, not exceeding ninety (90) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs and fines shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Introduction of Local Legislation. Notice is hereby given that there will be introduced at the next Session of the General Assembly of Georgia local legislation to amend the Charter of the City of Aragon in the following particular. To amend Section 13 of the Charter of the City of Aragon, Georgia (Ga. Laws 1971, Act No. 1287); so that the same will provide an increase in the maximum fine limitations from $300.00 to $1,000.00; and for other purposes. Copies of the Proposed Amendment will be on file with the Office of Clerk with the City of Aragon, Georgia, for the purpose of examination and inspection by the public during normal daily business hours. Dated: January 25, 1983. William L. Pittman City of Aragon
Page 3804
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cummings, who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: February 1, 8 and 15, 1983. /s/ Bill Cummings Representative, 17th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 14, 1983. BURKE COUNTYDISTRICT ELECTION OF COMMISSIONERS. No. 87 (House Bill No. 760). AN ACT To amend an Act creating the board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended,
Page 3805
particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 400), so as to provide for the election of the members of the board of commissioners from districts; 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 board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 400), is amended by striking Section 1, relating to creation of the board and election of its members, and inserting in its place a new Section 1 to read as follows: Section 1. (a) There shall be a board of commissioners of Burke County which shall consist of five members. The terms of the members in office on the effective date of this section shall expire December 31, 1984, as provided in the order entered October 7, 1982, by the United States District Court for the Southern District of Georgia in Civil Action No. CV 176-55. Their successors and future successors shall be elected at the general election held in 1984 and quadrennially thereafter. The terms of all such members shall be for four years beginning on the first day of January next following their election and until their successors are elected and qualified. (b) For purposes of electing members of the board of commissioners, Burke County is divided into five commissioner districts as follows: Commissioner District No. 1 Burke Tract 9902 Blocks 333 through 338 That part of Block 339 outside the City of Waynesboro Block Groups 5 through 7 Tract 9903 Those parts of Blocks 405, 406, and 413 which lie south of the Southern Natural Gas Company pipeline
Page 3806
Blocks 414 through 416 Those parts of Blocks 417 and 421 which lie south of the Southern Natural Gas Company pipeline Block Groups 5 through 9 Commissioner District No. 2 Burke Tract 9902 Block Groups 1 and 2 Blocks 301 through 332 That part of Block 339 within the City of Waynesboro Blocks 340 through 348 and 429 through 459 Commissioner District No. 3 Burke Tract 9901 Block Groups 1 through 3 Blocks 402, 403, 405, 406, 409 through 413, and 501 through 506 Tract 9902 Blocks 401 through 428 Commissioner District No. 4 Burke Tract 9901 Blocks 401, 414 through 416, and 507 through 517 Block Groups 6 through 9 Tract 9903 Blocks 301 through 307 Commissioner District No. 5 Burke Tract 9903 Block Groups 1 and 2 Blocks 308 through 330, 401 through
Page 3807
404, and 407 through 412 Those parts of Blocks 405, 406, 413, and 417 which lie north of the Southern Natural Gas Company pipeline Blocks 418 through 420 That part of Block 421 which lies north of the Southern Natural Gas Company pipeline (c) For the purposes of subsection (b) of this section: (1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of Burke County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (d) In order to be eligible for election to the board, a candidate must be at least 28 years of age and must have been a resident of the district he seeks to represent for at least one year next preceding the date of the general election. Each commissioner shall be elected by the voters of the district he represents and each candidate shall designate by commissioner district number the position he is seeking. 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 repealed.
Page 3808
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to change the composition of the districts from which members of the Burke County board of commissioners are elected; to provide for all related matters; and for other purposes. This 27th day of January, 1983. /s/ Preston B. Lewis, Jr. Burke County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following dates: February 2, 9 and 16, 1983. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 14, 1983.
Page 3809
JEFFERSON COUNTYPROBATE JUDGEMETHOD OF COMPENSATING CHANGED, ETC. No. 88 (House Bill No. 761). AN ACT To abolish the mode of compensating the probate judge of Jefferson County known as the fee system; to provide in lieu thereof an annual salary for said officer; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses; 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 . The mode of compensating the probate judge of Jefferson County known as the fee system, is abolished and, in lieu thereof, said officer shall receive an annual salary equal to the minimum annual salary prescribed for said officer by the general law of this state fixing minimum annual salaries for probate judges who are compensated on a salary basis. This salary shall be paid in equal monthly installments from the funds of Jefferson County. Section 2 . After the effective date of this Act, the judge of the probate court of Jefferson County 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 as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public moneys, and shall pay the same into the county treasury on or before the fifteenth day of each month next following
Page 3810
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. Section 3 . The necessary operating expenses for the office of said 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, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of his 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 Jefferson 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1933 session of the General Assembly of Georgia a bill to place the Probate Judge of Jefferson County on a salary and for other purposes. This 31st day of January, 1983. E. E. Bargeron Representative, 83rd District Representative/Elect, 108th District
Page 3811
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th 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: February 3, 10 and 17, 1983. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 14, 1983. FLOYD COUNTYBOARD OF COMMISSIONERSPOWERS. No. 90 (House Bill No. 764). AN ACT To amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, so
Page 3812
as to authorize the Board of Commissioners of Floyd County to enact ordinances including, but not limited to, traffic ordinances and garbage and solid waste disposal ordinances for the governing and policing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in such board and to provide penalties for the violation of such ordinances in amounts not to exceed $300.00 per violation; to provide that the Superior Court of Floyd County shall have jurisdiction over such offenses; 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 Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, is amended by adding a new section immediately following Section 5A, to be designated Section 5B, to read as follows: Section 5B. Notwithstanding any other provisions of law, the Board of Commissioners of Floyd County is authorized to adopt ordinances including, but not limited to, traffic ordinances and garbage and solid waste disposal ordinances for the governing and policing of the unincorporated areas of said county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this state and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in the board of commissioners. The board of commissioners is further authorized to provide penalties for the violation of such ordinances in amounts not to exceed $300.00 per violation. The Superior Court of Floyd County shall have jurisdiction in Floyd County over such offenses. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act
Page 3813
creating the board of commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended; and for other purposes. This 29th day of January, 1983. John Adams Representative, 16th District E. M. Childers Representative, 15th District, Post 1 Forrest McKelvey Representative, 15th District, Post 2 Ed Hine Senator, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune which is the official organ of Floyd County, on the following dates: February 3, 10, 17, 1983. /s/ John Adams Representative, 16th District
Page 3814
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. NEWTON COUNTYHOMESTEAD EXEMPTIONSREFERENDUM. No. 91 (House Bill No. 767). AN ACT To specify what homestead exemptions from Newton County and Newton County School District ad valorem taxation shall be available to residents of Newton County; to provide for a referendum; 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 . With respect to Newton County and Newton County School District ad valorem taxes, residents of Newton County shall not be entitled to any homestead exemption other than the homestead exemptions granted by this Act, except that a disabled veteran may be entitled to the homestead exemption granted especially to disabled veterans. Section 2 . The exemptions specified in this Act shall apply to Newton County and Newton County School District taxes but shall not affect any other taxes.
Page 3815
Section 3 . (a) Four thousand dollars of the assessed value of the homestead of each resident of Newton County shall be exempt from all such county and school district taxes, except taxes to retire bonded indebtedness. (b) In addition to the exemption granted by subsection (a) of this section, $10,000.00 of the assessed value of the homestead of each resident of Newton County who is sixty-two years of age or over or disabled shall be exempt from all such county and school district taxes, including taxes to retire bonded indebtedness, if his or her income does not exceed $10,000.00 for the immediately preceding year. (c) For purposes of this Act, the term income means federal adjusted gross income of the taxpayer and his or her spouse except that the term income shall not include federal social security benefits or other retirement, survivor, or disability benefits except those which are in excess of the maximum amount authorized to be received by an individual and his or her spouse under the federal social security law. (d) For purposes of this Act, the term disabled means that a person is permanently mentally or physically incapacitated to the extent that he or she is unable to be gainfully employed. Section 4 . This Act shall apply to all tax years beginning on or after January 1, 1985. Section 5 . If the tax officials of Newton County have in their records on January 1, 1985, sufficient information to determine that a taxpayer qualifies for a homestead exemption granted by this Act, the taxpayer shall be granted such exemption without filing an application. Otherwise a taxpayer shall apply for an exemption as provided by general law; but once a homestead exemption has been granted in one year it shall continue to be granted for future years without further applications so long as the taxpayer qualifies. Section 6 . Not less than 30 nor more than 60 days before the date of the November, 1984, general election, it shall be the duty of the election superintendent of Newton County to issue the call for an election for the purpose of submitting this Act to the electors of Newton County for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1984,
Page 3816
general 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 Newton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides for each resident of Newton County a $4,000.00 homestead exemption and which provides for certain elderly and disabled residents of Newton County a $10,000.00 homestead exemption be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 5 of this Act shall become of full force and effect; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Newton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to specify what homestead exemptions from Newton County and Newton County School District ad valorem taxation shall be available to residents of Newton County; to provide for a referendum; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 3817
This 3rd day of February, 1983. Denny Dobbs Representative, 74th District E. R. Lambert 66th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: February, 3, 10, 17, 1983. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3818
BULLOCH COUNTYCOMPENSATION OF CORONER. No. 92 (House Bill No. 769). AN ACT To amend an Act placing the coroner of Bulloch County on an annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 3762), so as to change the compensation of the coroner; to provide that this Act shall become effective January 1, 1985; 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 Bulloch County on an annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 3762), is amended by striking from Section 1 the figure 1,200 and inserting in its place the figure $2,400.00, so that when so amended Section 1 shall read as follows: Section 1. The coroner of Bulloch 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 $2,400.00 per annum to be paid in equal monthly installments from the funds of Bulloch County. Such salary shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind previously allowed the coroner, and they shall become the property of Bulloch County and shall be paid to the fiscal officer of the county on or before the fifteenth day of each month for the preceeding month. Section 2 . This Act shall become effective January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 3819
Notice to the Public. The public is notified that there will be introduced in the 1983 Session of the General Assembly of Georgia a bill to provide for changes in compensation of the Chairman and Members of Bulloch County Board of Commissioners and of the Coroner of Bulloch County, Georgia. It is contemplated that the changes in compensation will be an increase for those concerned, to be effective with the term beginning January 1, 1985. This January 13, 1983. John F. Godbee Representative, District 110 Bob Lane Representative, District 111 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 is Representative from the 111th 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 14, 21, 28, 1983. /s/ Bob Lane Representative, 111th District
Page 3820
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. BULLOCH COUNTYCOMPENSATION OF CLERK OF PROBATE COURT. No. 93 (House Bill No. 772). 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. L. 1960, p. 2590), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4497), 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. L. 1960, p. 2590), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4497), is 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 $10,111.00 per annum. The assistant shall be compensated out of funds of Bulloch County.
Page 3821
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice to the Public. The public is notified that there will be introduced in the 1983 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 County 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 approved by the Governor of Georgia. This January 29, 1983. Robert Emory Lane Representative, District 111 John F. Godbee Representative, District 110 Joseph E. Kennedy Senator, District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee, who, on oath,
Page 3822
deposes and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: February 3, 10, 17, 1983. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. BULLOCH COUNTYCLERK OF SUPERIOR COURTCOMPENSATION OF DEPUTIES AND OTHER PERSONNEL. No. 94 (House Bill No. 773). 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. L. 1960, p. 2763), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3947), so as to change the compensation of the clerk's employees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 3823
Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3947), is 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 $10,111.00 per annum, and a docket clerk and to fix his compensation at a figure not to exceed $9,332.00 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 $8,651.00 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 repealed. Notice to the Public. The public is notified that there will be introduced in the 1983 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 County Superior Court. It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.
Page 3824
This January 29, 1983. Robert Emory Lane Representative, District 111 John F. Godbee Representative, District 110 Joseph E. Kennedy Senator, 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 110th 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: February 3, 10, 17, 1983. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3825
GLYNN COUNTYPROBATE COURT PERSONNEL. No. 95 (House Bill No. 778). AN ACT To amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4339), so as to change the provisions relative to the personnel of the office of the judge of the probate court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the clerk of the Superior Court and judge of the Probate Court of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4339), is amended by striking subsection (b) of Section 5, which reads as follows: (b) The judge of the probate court shall be authorized to employ one or more deputies. The judge of the probate court shall fix the salaries of such deputies but the total of such salaries shall not exceed $24,800.00 annually. Such salaries shall be paid in equal monthly installments from the funds of Glynn County., and inserting in lieu thereof a new subsection (b) to read as follows: (b) 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
Page 3826
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 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system mode of compensating the Clerk of Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary, approved March 27, 1972 (Georgia Law 1972, p. 3199), as amended; and for other purposes. This 27th day of January, 1983. Dean G. Auten Representative, 156th 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 is Representative from the 156th 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 31, February 7, 14, 1983.
Page 3827
/s/ Dean G. Auten Representative, 156th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF SAVANNAHBOARD OF ALDERMENMANNER OF FILLING VACANCIES. No. 96 (Senate Bill No. 301). AN ACT To amend an Act entitled To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; to provide for the election of said Aldermen; to extend the corporate limits of the City of Savannah; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes., approved March 17, 1978 (Ga. L. 1978, p. 3998), so as to provide for filling vacancies in the Board of Aldermen of the City of Savannah; to repeal conflicting laws; and for other purposes.
Page 3828
Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; to provide for the election of said Aldermen; to extend the corporate limits of the City of Savannah; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes., approved March 17, 1978 (Ga. L. 1978, p. 3998), is amended by adding at the end of quoted Section 2 of Section 1 of said Act a new subsection (c) to read as follows: (c) Any other provisions of any other Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah to the contrary notwithstanding, if a vacancy occurs on the Board of Aldermen of the City of Savannah for any reason and the remaining term of office is more than two years, such vacancy shall be filled for the unexpired term by special election, and if the remaining term of office is two years or less, such vacancy shall be filled by the Mayor and the remaining members of the Board of Aldermen, by majority vote, electing a qualified person to fill such vacancy for the unexpired term. A special election to fill a vacancy shall be held within the Aldermanic District wherein the vacancy occurs, or if the vacancy is in Aldermanic Post 1 or 2, such special election shall be held at large. A special election to fill a vacancy shall be called within 15 days after the date the vacancy occurs and shall be held within 60 days after the vacancy occurs. Such special elections shall be held and conducted in the same manner as other elections for membership on the Board of Aldermen. A person elected to fill a vacancy by special election or by the Mayor and remaining members of the Board of Aldermen shall possess the qualifications to hold office as aldermen from the Aldermanic District or Post wherein the vacancy occurred. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend the charter of the mayor and aldermen of the City of Savannah, and for other purposes.
Page 3829
Albert Scott Senator, 2nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Albert Scott, who, on oath, deposes and says that he is Senator from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: February 2, 9, 16, 1983. /s/ Albert Scott Senator, 2nd District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3830
JONES COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 97 (Senate Bill No. 287). AN ACT To consolidate the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide 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 personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The offices of tax receiver and tax collector of Jones County are consolidated and combined into the one office of tax commissioner of Jones County. The rights, duties, and liabilities of the tax commissioner, except as otherwise provided in this Act, shall be the same as those imposed upon the tax receivers and tax collectors by the laws of this state. Section 2 . The first election for the office of tax commissioner created in this Act shall be held at the same time as the election of other county officers for Jones County in 1984. The person so elected shall take office on the first day of January following his election and shall serve until December 31, 1988, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing in this Act shall affect the term of office of the present tax collector and tax receiver of Jones County and their terms of office shall continue
Page 3831
through December 31, 1984. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Section 3 . Before entering upon the duties of his office, the tax commissioner shall take the oath prescribed by law for tax collectors and shall give bond as provided by law for the tax collector. Section 4 . All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectable as issued. Section 5 . (a) The tax commissioner shall receive an annual salary of not less than $25,000.00, the exact amount of which shall be determined by the governing authority of Jones County. The governing authority shall be authorized to increase such salary from time to time as it deems appropriate. Said salary shall be paid from the funds of Jones County. (b) Unless the governing authority of Jones County grants greater increases pursuant to subsection (a) of this section, on and after January 1, 1985, when the governing authority of Jones County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the tax commissioner, and the salary of said officer shall be increased by such average percentage. Section 6 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. It is specifically provided that the
Page 3832
salary provided in this Act 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 subsection (c) of Code Section 40-2-30 of the O.C.G.A., 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 allowed by Code Section 48-5-180, relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest. Section 7 . The tax commissioner shall have the authority to employ three or four, at the discretion of the tax commissioner, full-time employees and such other personnel as determined by the governing authority of Jones County. The full-time personnel shall receive a monthly salary of not less than $600.00, and the exact amount of each such salary shall be determined by the governing authority of Jones County. The governing authority shall be authorized to increase such salaries from time to time as it deems appropriate. Such salaries shall be paid from the funds of Jones County. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed, 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. Section 8 . The necessary operating expenses of the office of the tax commissioner, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purposes. 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 Jones County, but the compensation of the tax commissioner and the total amount for compensating personnel of his office shall be set within the limits provided by this Act. Section 9 . This Act shall become effective January 1, 1985, except the provisions of Section 2, relative to the election of the tax commissioner, which shall become effective on January 1, 1984.
Page 3833
Section 10 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to consolidate the offices of tax receiver and tax collector of Jones County into the one office of tax commissioner of Jones County; and for other purposes. This 17th day of January, 1983. 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 20, 27 and February 3, 1983. /s/ Culver Kidd Senator, 25th District
Page 3834
Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 14, 1983. GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITYPOWERS AND DUTIES FURTHER DEFINED, ETC. No. 98 (Senate Bill No. 288). AN ACT To further define, prescribe and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof, said Authority having been created pursuant to an Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962, p. 945), which Amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and having been previously amended by Act No. 1134, Ga. Laws 1978, p. 4151 and by Act No. 731, Ga. Laws 1981, p. 4875; to further expand the powers and duties of the Authority in conformity with the recent changes in Title 36 Chapter 62 of the Official Code of Georgia Annotated; 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.
Page 3835
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, and by Act No. 731, Ga. Laws 1981, page 4875, the powers of the Griffin-Spalding County Development Authority are further defined, prescribed, and enlarged by: (a) Striking Subparagraph 2 of Paragraph D which reads as follows: D.....(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; in its entirety and by substituting therefor a new Subparagraph 2 of Paragraph D to read as follows: D.....(2) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of financing (by loan, grant, lease, or otherwise) the cost of any project, including the cost of extending, adding to, or improving the project, or for the purpose of refunding any such bonds of the Authority theretofore issued and to otherwise carry out the purposes of this Amendment and to pay all other costs of the Authority incident to or necessary and appropriate to such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in the Official Code of Georgia Section 36-63-8 and to sell, convey, mortgage, pledge, and assign any and all of its funds, property, and income as security therefor. (b) Striking Subparagraph 4 of Paragraph D which reads as follows:
Page 3836
D.....(4) To have and exercise usual powers of private corporations except such as are inconsistent with this Amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties which, officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; in its entirety and by substituting therefor a new Subparagraph 4 of Paragraph D to read as follows: D.....(4) To have and exercise usual powers of private corporations except such as are inconsistent with this Amendment, including the power to appoint and hire officers, agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide their compensation and duties. These individuals may or may not be members of the Authority. The Authority shall also have the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (c) Striking Subparagraph 5(a) of Paragraph D which reads 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 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,
Page 3837
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(a) 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 finance any one or more buildings or structures to be used in the production, manufacturing, processing, assembling,
Page 3838
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; and 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 sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, provided that none of the improvements described in this sentence shall be the primary purpose of any project; (d) Striking Subparagraph 5(b) of Paragraph D which reads as follows: D.....(5)(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 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 which is necessary for the public welfare, provided that if such facility is to be operated by a political subdivision of this state or an agency or instrumentality thereof, for its general constituency, the certification need only state that such facility is necessary for the public welfare; provided, further, that for the purposes of this subparagraph, the term `sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term `solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term `solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and
Page 3839
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, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word `garbage' includes putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products but excludes sewage and human wastes; and the word `refuse' includes all nonputrescible wastes. in its entirety and by substituting therefor a new Subparagraph 5(b) of Paragraph D to read as follows: D.....(5)(b) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, improvement, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste disposal facility which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same is to serve and which is necessary for the public welfare, provided that if such facility is to be operated by a political subdivision of this state or an agency or instrumentality thereof, for its general constituency, the certification need only state that such facility is necessary for the public welfare; provided, further, that for the purposes of this subparagraph, the term `sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term `solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term `solid waste' means 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, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word `garbage' includes putrescible wastes, including animal and
Page 3840
vegetable matters, animal offal and carcasses, and recognizable industrial by-products but excludes sewage and human wastes; and the word `refuse' includes all nonputrescible wastes. (e) Striking Subparagraph 5(c) of Paragraph D which reads as follows: D.....(5)(c) Among the projects which the Authority may undertake shall be the power to acquire, construct, improve or modify any property, real or personal or both, used as a peak shave facility. `Peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally understood to describe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of consumption. in its entirety and by substituting therefor a new Subparagraph 5(c) of Paragraph D to read as follows: D.....(5)(c) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, improvement, or modification of any property, real or personal or both, used as a peak shave facility, provided that `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; and any project involving a `peak shave facility' may be undertaken as otherwise provided in this Amendment; (f) Striking Subparagraph 5(d) of Paragraph D which reads as follows: D.....5(d) Among the projects which the Authority may undertake shall be the power to acquire, construct, lease, improve, modify any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air, provided that such projects shall not include the creation of airports or airport terminal facilities or
Page 3841
improvements thereon, except as incidentally related to the furnishing of transportation of persons or property by air as provided in this subparagraph; such projects may include, but shall not be limited to aircraft, aircraft maintenance and reconditioning equipment, 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 the acquisition, modernization, or expansion of existing facilities or systems for 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; and 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 amendment 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, 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 if the conditions specified in this subparagraph are met; and provided, further, that no city, county, political subdivision, or any development 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 of any obligations assumed, who shall be fully responsible for all operating expenses and losses, and who shall be taxable as any other private undertaking would be.
Page 3842
in its entirety and by substituting therefor a new Subparagraph 5(d) to read as follows: D.....5(d) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, leasing, improvement, or modification of any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air, provided that such projects 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 provided in this subparagraph; such projects may include, but shall not be limited to aircraft, aircraft maintenance and reconditioning equipment, 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 the acquisition, modernization, or expansion of existing facilities or systems for 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; and 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 amendment 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, 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
Page 3843
and the location of employees of such a project outside the geographic jurisdiction of the Authority shall not be prohibited if the conditions specified in this subparagraph are met; and provided, further, that no city, county, political subdivision, or any development 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 of any obligations assumed, who shall be fully responsible for all operating expenses and losses, and who shall be taxable as any other private undertaking would be. (g) Striking Subparagraph 5(e) of Paragraph D which reads as follows: D.....5(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 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.: in its entirety and by substituting therefor a new Subparagraph 5(e) of Paragraph D to read as follows: D.....5(e) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, design, engineering, improvement, leasing, maintaining, modification, rebuilding, and repairing of 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 the
Page 3844
Authority, which determination shall be final and not subject to review; such projects are authorized to promote the expansion and development of the cable communication industry, to enhance employment opportunities throughout this state, 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. (h) Striking Subparagraph 5(f) of Paragraph D which reads as follows: D.....(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 or 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 municipal corporation 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.
Page 3845
in its entirety and by substituting therefor a new Subparagraph 5(f) of Paragraph D to read as follows: D.....(f) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, improvement, or modification of any property, real or personal, which shall be suitable for or used as or in connection with: (i) Sports facilities, including private training and related office and other facilities when authorized by the governing authority of the political subdivision or municipal corporation in which the facility is to be constructed and maintained; (ii) Convention or trade show facilities; (iii) Airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (iv) Facilities for the local furnishing of electric energy or gas; (v) Facilities for the furnishing of water, if available, on reasonable demand to members of the general public; and (vi) Hotel and motel facilities for lodging which also may provide meals, provided that such facilities are constructed in connection with and adjacent to convention, sports, or trade show facilities. (i) Striking Subparagraph 5(g) of Paragraph D which reads as follows: D.....5(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 with respect to such facilities, does not include the provision of structures or buildings, cost of the project and may be paid or
Page 3846
reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions hereunder. in its entirety and by substituting therefor a new Subparagraph 5(g) of Paragraph D to read as follows: D.....5(g) Among the projects which the Authority may undertake shall be the power to finance the acquisition or development of land as the site for an industrial park, provided that for purposes of this subparagraph, the term `development of land' includes the provision of water, sewage, drainage, or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings. (j) Striking Subparagraph 5(h) of Paragraph D which reads as follows: D.....5(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. in its entirety and by substituting therefor a new Subparagraph 5(h) of Paragraph D to read as follows:
Page 3847
D.....5(h) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, or leasing of: (i) An office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or proposed project defined in this paragraph, which existing or proposed project is 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 this state; No such office building facility as defined in this subparagraph shall be undertaken by the Authority unless the Authority determines that the business enterprise to use such facility will be the primary tenant. (k) Striking Subparagraph 5(i) of Paragraph D which reads as follows: D.....5(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. in its entirety and by substituting therefor a new Subparagraph 5(i) of Paragraph D to read as follows:
Page 3848
D.....5(i) Among the projects which the Authority may undertake shall be the power to finance the use of 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. (l) Striking Subparagraph 5(j) of Paragraph D which reads as follows: D.....(5)(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 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
Page 3849
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. in its entirety and by substituting therefor a new Subparagraph 5(j) of Paragraph D to read as follows: D.....(5)(j) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, equipping, improvement, modification, or expanding of any property, real or personal, for use as or in connection with research and development facilities. As used in this subparagraph, the term `research and development facilities' means any property used in whole or in substantial part in conducting basic and applied research for commercial, industrial, or governmental institutions in connection with institutions of higher education, which research is determined by the Authority to contribute to the development and promotion of trade, commerce, industry, and employment opportunities for the public good and general welfare in furtherance of the purposes for which the Authority was created. The Authority's determination as to such matters shall be final and not subject to review. (m) Adding new Subparagraphs 5(k), 5(l), 5(m), and 5(n) to Paragraph D to read as follows: 5(k) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, leasing or equipping of new industrial facilities or improve, modify, acquire, expand, modernize, lease, equip, or remodel existing industrial facilities located or to be located within the City of Griffin or Spalding County, Georgia. 5(l) Among the projects which the authority may undertake shall be the power to finance the acquisition, construction,
Page 3850
improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located within the City of Griffin or Spalding County, Georgia. 5(m) Also included in the projects which the Authority may undertake in pursuance of its purpose shall be the power to finance the acquisition, construction, improvement, or modification of any property, real or personal, used as air or water pollution control facilities which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and which is necessary for the public welfare, provided that for the purposes of this subparagraph, the term `air pollution control facility' means any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing of, or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, state, or local standards for abatement or control of atmospheric pollutants or contaminants; and provided, further, that for the purpose hereof, the term `water pollution control facility' means any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing, or storing pollutants, contaminants, wastes, or heat, including the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons, and appurtenances thereto, if such facility is in the furtherance of applicable federal, state, or local standards for the abatement or control of water pollution or contamination; D.....5(n) 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
Page 3851
such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority. 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 Amendment. (n) Striking Subparagraph 6 of Paragraph D which reads: D.....(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. in its entirety and substituting therefor a new Subparagraph 6 of Paragraph D to read as follows:
Page 3852
D.....(6) No project acquired under this Amendment shall be operated by the Authority. Such a project shall be leased or sold to one or more persons, firms, or private corporations. If revenue bonds or other obligations are to be issued to pay all or part of the cost of the project, the project must be so leased or the contract for its sale must be entered into prior to or simultaneously with the issuance of the bonds or obligations. If sold, the purchase price may be paid at one time or in installments falling due over not more than 40 years from the date of transfer of possession. The lessee, purchaser or borrower shall be required to pay all costs of operating and maintaining the leased, purchased or financed property and to pay rentals or installments in amounts sufficient to pay the principal of and the interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. Provided, however, that the acquisition and development of land by the Authority as the site for an industrial park as provided in this Amendment shall not be deemed to be the operation of a project and, notwithstanding anything herein to the contrary, the Authority shall not be required to enter into a lease of such a project or a contract for its sale as a condition to the issuance of bonds or other obligations of the Authority to provide financing therefor. (o) Adding Subparagraphs 11 - 18 to Paragraph D to read as follows: D.....(11) To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds; and, in the exercise of powers granted by this Amendment in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instrument, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the Authority may deem necessary or desirable;
Page 3853
(12) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired or for the purpose of demolition to make room for such project or any part thereof; (13) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the Authority; (14) To acquire, accept, or retain equitable interests, security interest, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, in order to secure the repayment of any moneys loaned or credit extended by the Authority; (15) To construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the Authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms, or corporations or any other contribution, all of which the Authority is authorized to receive, accept, and use; (16) As security for repayment of Authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such Authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the Authority upon default, on such obligations, either in payment of principal or interest or in the performance of any term or condition, as are contained in such agreement or indenture. The State of Georgia, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right which 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;
Page 3854
(17) To contract with any county or municipal corporation in the state; and any county or municipal corporation in the state is empowered to contract with the Authority to furnish air transportation services where such service is not otherwise in existence. (18) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes. (p) Striking Paragraph E which reads: E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Spalding County or City of Griffin. in its entirety and substituting therefor a new Paragraph E to read as follows: E. No bonds or other obligations of and no indebtedness incurred by the Authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of the Authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision. (q) Striking Paragraph F which reads: F. The members of the Authority shall receive no compensation for their services to the Authority; in its entirety and substituting therefor a new Paragraph F to read as follows:
Page 3855
F. The members of the Authority shall receive no compensation for their services to the Authority, but shall be reimbursed for their actual expenses incurred in the performance of their duties. (r) Striking Paragraph G which reads as follows: G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to 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 under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Spalding County or the City of Griffin, to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Spalding County or the City of Griffin. in its entirety and by substituting therefor a new Paragraph G to read as follows: G. (1) The obligations of the Authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority. The Authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed,
Page 3856
stolen, or mutilated bonds and bond anticipation notes, and for the payment and redemption of such bonds and bond anticipation notes. Undertakings of the Authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the Authority and may provide for rights upon breach of any covenant, condition, or obligation of the Authority; and bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by the Authority and bond anticipation notes executed by the Authority may contain such provisions not otherwise contrary to law as the Authority shall deem necessary or desirable. (2) The proceeds derived from the sale of all bonds and bond anticipation notes issued by the Authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Amendment, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving the project, for the purpose of refunding any bond anticipation notes issued in accordance with this Amendment or refunding any previously issued bonds of the Authority. (3) All bonds and bond anticipation notes issued by the Authority shall be revenue obligations of the Authority and may be made payable out of any revenues or other receipts, funds, or moneys of the Authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, or moneys. (4) Issuance by the Authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds or bond anticipation notes are issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (5) The Authority shall have the power and is authorized, whenever revenue bonds of the Authority have been validated as
Page 3857
provided in this Amendment, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the Authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing bonds of the Authority or any issue thereof; and the Authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (6) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the Authority shall be fixed by the Authority. The Authority shall have the power to delegate the power to set the interest rate, within stated parameters, to any person, firm or institution chosen by the Authority. Any limitations with respect to interest rates found in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated shall not apply to obligations issued under this Amendment. (7) All revenue bonds issued by the Authority under this Amendment shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, except as provided in subsection G(6) of this Amendment and except as specifically set forth below: (i) Revenue bonds issued by the Authority maybe in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide;
Page 3858
(ii) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of Spalding County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state; (iii) The notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing need not state the rate of interest the bonds will bear; (iv) The term `cost of project' shall have the meaning prescribed in Paragraph D, subparagraph 5(k) of this Amendment whenever referred to in bond resolutions of this Authority, bonds and bond anticipation notes issued by the Authority or notices and proceedings to validate such bonds. (s) Striking Paragraph H which reads as follows: H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. in its entirety and by substituting therefor a new Paragraph H to read as follows: H. The purposes of this Amendment are to develop and promote trade, commerce, industry, and employment opportunities, for the public good and the general welfare, and to promote the general welfare of the state and to reduce unemployment to the greatest extent possible within Spalding County and the City of Griffin. No bonds or bond anticipation notes, except refunding bonds, shall be issued by the Authority under this Amendment unless the Authority adopts a resolution finding that the project for which such bonds or notes are to be issued will promote the foregoing objectives. Notwithstanding the foregoing requirement:
Page 3859
(1) Bonds or bond anticipation notes may be issued to finance projects for air and water pollution control facilities and for sewage and solid waste disposal facilities, as provided in this Amendment, without a finding that the project will increase or maintain employment, so long as the appropriate certification described in this Amendment has been secured from the federal, state, or local agency having jurisdiction in the premises; and (2) Bonds or bond anticipation notes may also be issued by the Authority to finance the acquisition or development of land as the site for an industrial park as provided in this Amendment without a finding that the project will increase or maintain employment if the Authority shall adopt a resolution finding that the tract of land to be included in the project is not intended for use by a single enterprise; will be suitable primarily for use as building sites for a group of enterprises engaged in industrial, distribution, or wholesale business; and that either: (a) The control and administration of the tract is to be vested in the Authority or in another county or municipal or joint county and municipal development authority (or in corporation organized under the Georgia Nonprofit Corporation Code) having as one of its purposes the development of trade, commerce, industry, and employment opportunities; or (b) The uses of such tract of land are to be regulated by protective restrictions to be approved by the Authority and determined by the Authority to be appropriate to encourage and facilitate use thereof by business enterprises engaged in industrial, distribution, or wholesale businesses. (t) Striking Paragraph I which reads as follows: I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in Spalding County and in the City of Griffin. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county or in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.
Page 3860
in its entirety and by substituting therefor a new Paragraph I to read as follows: I. The Authority may make by-laws and regulations for its governance and may delegate to one or more of its officers, agents, and employees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence. (u) Striking Paragraph J which reads as follows: J. Except as may be agreed upon from time to time by the Authority and the respective governing Boards of Commissioners of the City of Griffin and County of Spalding, no moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. in its entirety and by substituting therefor a new Paragraph J to read as follows: J. This Amendment shall be liberally construed to effect the purposes hereof, and insofar as this Amendment may be inconsistent with the provisions of any other law, including the charter of any municipal corporation, this Amendment shall be controlling. The sale or issuance of bonds by the Authority shall not be subject to regulation under Chapter 5 of Title 10, the `Georgia Securities Law,' or any other law. No proceeding or publication not required in this Amendment shall be necessary to the performance of any act authorized in this Amendment, nor shall any such act be subject to referendum. (v) Striking Paragraph K which reads as follows: K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Griffin, subject to any mortgages, liens, leases, or other encumbrances outstanding against or in respect to said property at that time. in its entirety and by striking Paragraph L which reads as follows: L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade
Page 3861
within Spalding County and the City of Griffin and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. in its entirety and by renumbering Sections M and N as Sections K and L respectively. 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 as now 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 1983 by virtue of Article XI, Section I, Paragraph IV thereof and having been previously amended by Act No. 1134, Ga. Laws 1978, p. 4151 and Act No. 731, Ga. Laws 1981, p. 4875; said amendment will further expand the powers and duties of the Authority in conformity with the recent changes in Title 36 Chapter 62 of the Official Code of Georgia Annotated.
Page 3862
This 25th day of January, 1983. Carl Cartledge, Chairman Griffin Spalding County Development Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kyle Cobb, who, on oath, deposes and says that he is Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following dates: January 27, February 3, 10, 1983. /s/ Kyle Cobb Senator, 28th District Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3863
RICHMOND COUNTYOFFICE OF COUNTY TREASURER ABOLISHED, ETC. No. 99 (House Bill No. 279). AN ACT To abolish the office of County Treasurer in Richmond County; to provide for the creation of the office of County Treasurer Emeritus in Richmond County; to provide for the duties and responsibilities of the county treasurer emeritus; to provide for the compensation of the county treasurer emeritus and his spouse; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The office of County Treasurer in Richmond County is abolished. Section 2 . The County Treasurer in Richmond County who shall be serving in the capacity of county treasurer at the time such office is abolished and who shall have at least ten years of service as County Treasurer in Richmond County and shall have attained the age of 65 shall be eligible to be county treasurer emeritus by presenting his evidence of his eligibility to the governing authority of Richmond County. At that time he shall be county treasurer emeritus. Section 3 . The county treasurer emeritus shall not hold any compensating position with any state, county, or city, or agencies of any, except upon taking leave of absence as such county treasurer emeritus, and forever waiving and relinquishing compensation during and for such leave of absence. Section 4 . The county treasurer emeritus shall be qualified to serve as a consultant to the governing authority of Richmond County on financing matters when called upon by the governing authority of Richmond County. Section 5 . The county treasurer emeritus shall be entitled to receive, and shall receive, $500.00 per month, to be paid monthly out of the treasury of the county, by the person or persons charged by law
Page 3864
with paying out the money of the county. Upon the death of the county treasurer emeritus, if he is survived by his wife, she shall be entitled to receive and shall receive $250.00 per month as long as she lives. Section 6 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a Bill to abolish the office of County Treasurer of Richmond County; to provide for the County Treasurer Emeritus; to provide the power, duties and responsibilities of such County Treasurer Emeritus; to provide for the pension of such County Treasurer Emeritus; to provide pension benefits for the surviving spouse of the County Treasurer Emeritus; to repeal conflicting laws; and for other purposes. This 13th day of December, 1982. Robert C. Daniel, Jr. County Attorney Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, Paul S. Simon, 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
Page 3865
once a week for three weeks, as required by law, said dates of publication being December 20, 27, 1982, and January 3, 1983. /s/ Paul S. Simon, President Southeastern Newspapers Corporation, Publisher of The Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me, this 5th day of January, 1983. /s/ JoAnn M. Lundquist Notary Public, Georgia State at Large. My Commission Expires June 23, 1986. (Seal). Approved March 14, 1983. TOWN OF POOLERALDERMANIC BOARDCOMPOSITION, ETC. No. 100 (House Bill No. 344). AN ACT To amend an Act creating a new Charter for the Town of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, so as to increase the membership of the Aldermanic Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 3866
Section 1 . An Act creating a new Charter for the Town of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, is amended by striking Section 2.10 in its entirety and inserting 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 Pooler, except as otherwise specifically provided in this Charter, shall be vested in a Town Aldermanic Board to be composed of a Mayor and six Aldermen. The Mayor and Aldermen shall be elected in the manner provided by Article V of this Charter. Section 2 . Said Act is further amended by striking Section 5.12 in its entirety and inserting in lieu thereof a new Section 5.12 to read as follows: Section 5.12. Regular Elections: Time for Holding. (a) The Mayor, Recorder, and five Aldermen elected on the third Thursday in January, 1983, shall continue to serve out their terms of office. The Mayor and five Aldermen shall elect a sixth Alderman prior to April 30, 1983, and the person holding such new office shall serve for a term of office which expires at the same time that the other Aldermen's terms of office expire in 1985. (b) A Mayor, Recorder, and six Aldermen shall be elected on the third Thursday in January, 1985, and on said date biennially thereafter. The hours of voting at such election shall be between seven o'clock in the morning and six o'clock in the afternoon, eastern standard time. Their terms of office shall begin at the day and hour of taking the oath of office as provided in Section 2.20 of this Charter. 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 repealed. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a Bill to Amend an Act creating the Charter for Pooler, Chatham County, Georgia, approved March 31, 1976, (Ga. Laws 1976, Act. No. 1181), as amended, so as to change the composition and number of Members on
Page 3867
the Town Aldermanic Board; to repeal conflicting laws; and for other purposes. Edward H. Lee Town Attorney Georgia, Chatham County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, Thomas O. Triplett, who, on oath, deposes and says that he is Representative from the 128th District and that the attached copy of Notice of Intent to Introduce Legislation was published in the Georgia Gazette, which is the official organ of Chatham County, on the following dates: January 5, 12 and 19, 1983. /s/ Thomas O. Triplett Representative, 128th District Sworn to and subscribed before me, this 24th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3868
GARDEN CITYCORPORATE LIMITS EXTENDED. No. 101 (House Bill No. 345). AN ACT To amend an Act establishing a new charter for the municipality of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to extend the present corporate limits of said municipality; 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 municipality of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, is amended by adding at the end of Section 1.11 a new subsection, to be designated subsection (f), to read as follows: (f) In addition to the present corporate limits of Garden City, Georgia, as they exist at the time of the approval of this subsection, the corporate limits of Garden City shall also include the following described tract of land: All that certain tract of land situate, lying and being in the 8th G.M. district of Chatham County, Georgia, described as follows: Beginning at the point of the intersection of the southerly right of way line of the Pipemakers Canal and the easterly right of way line of Georgia State Highway No. 21 which point is the point of beginning; running thence from said point of beginning north along the easterly right of way line of Georgia State Highway No. 21 for a distance of 2,160 feet, more or less, to a point where the easterly right of way line of Georgia State Highway No. 21 intersects the southerly right of way line of Bourne Avenue (State Route No. 307); running thence along the southerly right of way line of Bourne Avenue (State Route No. 307) across Georgia State Highway No. 21 to the intersection of the westerly right of way line of Georgia State Highway No. 21 and the southerly right of way line of Bourne Avenue (State Route No. 307), and westerly along the southerly right of way line of Bourne Avenue (State Route No. 307), all for a distance of 2,455 feet, more or less, to the easterly railroad right of way boundary for the Seaboard Coastline Railroad
Page 3869
Company's single main track; running thence southeastwardly along the easterly railroad right of way boundary of the Seaboard Coastline Railroad Company's single main track a distance of 2,742 feet, more or less, to a point where the easterly right of way boundary for the Seaboard Coastline's single main track intersects the southerly right of way line of the Pipemakers Canal; running thence easterly along the southerly right of way line of the Pipemakers Canal to a point where the southerly right of way line of the Pipemakers Canal intersects the easterly right of way line of Georgia Highway No. 21, being the point of beginning; said tract of land being shown upon a plat made by Hussey, Gay and Bell, Consulting Engineers, dated November 11, 1982, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book 4-P, Folio 106, and entitled `Plan Showing Area to be Annexed by Garden City, Georgia', and to which reference is specifically made for a more particular description of the property described herein and which by reference is made a part hereof. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Apply For Local Legislation. Notice is hereby given of intention to apply for legislation at the 1983 Session of the General Assembly to amend the charter of Garden City, Georgia, to extend and change the corporate limits of the City and for other purposes. Charles L. Spartman 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 is Representative from the 128th District, and that
Page 3870
the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 16, 23, 30, 1982. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me, this 27th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. RICHMOND COUNTYLIMITATION ON LOCAL TAXING JURISDICTIONS CONTINUED. No. 102 (House Bill No. 387). AN ACT To provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 113 (Res. Act 211, H.R. 516-1355, Ga. L. 1980, p. 2177), duly ratified at the 1980 general election and proclaimed by the Governor to be a part of the Constitution of 1976, which amendment limits the power of local taxing jurisdictions in Richmond County to levy and collect ad valorem taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 3871
Be it enacted by the General Assembly of Georgia: Section 1 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution, authorizing the continuation of certain amendments to the Constitution. Section 2 . Constitutional Amendment Number 113 (Res. Act 211, H.R. 516-1355, Ga. L. 1980, p. 2177), duly ratified at the 1980 general election and proclaimed by the Governor to be a part of the Constitution of 1976, which amendment limits the power of local taxing jurisdictions in Richmond County to levy and collect ad valorem taxes, shall not be repealed or deleted upon July 1, 1987, as part of the Constitution ratified at the general election in 1982 but is specifically continued in force and effect on and after that date as part of that Constitution. Section 3 . This Act shall become effective July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia an Act to maintain the provisions of a local constitutional amendment applying to Richmond County, Georgia, as found in Georgia Laws 1980, p. 2177, limiting the power of local taxing jurisdictions in Richmond County to levy and collect ad valorem taxes; to provide an effective date; and for other purposes. This 11th day of January, 1983. Jack Connell Representative, 87th District
Page 3872
Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, Paul S. Simon, 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 January 14, 21 and 28, 1983. /s/ Paul S. Simon, President Southeastern Newspapers Corporation, Publisher of The Augusta Herald, Richmond County, Georgia. Sworn to and subscribed before me, this 31st day of January, 1983. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. (Seal). Approved March 14, 1983.
Page 3873
CLAYTON COUNTYSTATE COURT SOLICITORCOMPENSATION, ETC. No. 103 (House Bill No. 496). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to increase the salary of the solicitor of said court; to provide that the solicitor shall not engage in the private practice of law or hold any other public office while serving as solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, is amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $32,000.00 per annum payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor of said court shall receive no other compensation for serving as solicitor of said court and he shall not engage in the private practice of law in any capacity during his tenure as solicitor of said court and he shall not be eligible to hold any other public office while serving as solicitor of said court. Section 2 . This Act shall become effective on January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act
Page 3874
creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes. This 6th day of January, 1983. Honorable Jimmy Benefield Chairman, Clayton County Legislative Delegation Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy W. Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ Jimmy W. Benefield Representative, 72nd District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3875
CITY OF REYNOLDSCHARTER AMENDMENTS. No. 104 (House Bill No. 499). AN ACT To amend an Act creating a new charter for the City of Reynolds, approved August 16, 1915 (Ga. L. 1915, p. 786), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3645), so as to change the provisions relating to bids for contracts for labor or materials to be furnished to the city; to change the provisions relating to the judge of the municipal court of the City of Reynolds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Reynolds, approved August 16, 1915 (Ga. L. 1915, p. 786), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3645), is amended by striking Section 40, which reads as follows: Section 40. Be it further enacted, That all bids for contracts for labor or materials to be furnished said city, or for labor or materials to be furnished said city, or for work to be done in the interest of said city, which shall exceed the sum of five hundred dollars ($500.00) in amount, shall be advertised by the city department in which said work, labor or materials properly belong, in a newspaper published in the county of Taylor once a week for not less than two weeks, and said contract shall be awarded to the lowest and best bidder (unless all bids are rejected) after having been first approved by a majority vote of the city council. Contracts involving five hundred dollars ($500.00) or less, shall be made by the mayor and aldermen. This section shall not abridge the power of the city to do all necessary work, by its own employees whenever, in the judgment of the city council, the same can be done more effectively or economically., in its entirety and inserting in lieu thereof a new Section 40 to read as follows: Section 40. All bids for contracts for labor or materials to be furnished to the city, or for labor or materials to be furnished to the
Page 3876
city, or for work to be done in the interest of the city, which shall exceed the sum of $1,500.00 in amount, but which are not more than $2,500.00 in amount, shall be submitted for competitive bids to more than one bidder and said contract shall be awarded to the lowest and best bidder (unless all bids are rejected) after having been first approved by a majority vote of the city council. Contracts which shall exceed the sum of $2,500.00 in amount shall be advertised by the city department in which the work, labor, or materials properly belong, in a newspaper published in Taylor County once a week for not less than two weeks, and said contract shall be awarded to the lowest and best bidder (unless all bids are rejected) after having been first approved by a majority vote of the city council. Contracts involving $1,500.00 or less shall be made by the mayor and councilmen. This section shall not abridge the power of the city to do all necessary work by its own employees whenever, in the judgment of the city council, the same can be done more effectively or economically. Section 2 . Said Act is further amended by striking subsection (b) of Section 41, which reads as follows: (b) Judge. No person shall be qualified or eligible to serve as judge unless he shall have attained the age of twenty-one years and shall be a member of the State Bar of Georgia. The judge shall be appointed by the mayor and council and shall serve at the discretion of the mayor and council. Compensation of the judge shall be fixed by the mayor and council., in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Judge. No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years and either shall be a member of the State Bar of Georgia or shall be mayor or a member of council. The judge shall be appointed by the mayor and council and shall serve at the discretion of the mayor and council. Compensation of the judge shall be fixed by the mayor and council. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 3877
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a Bill to amend the Act creating a new Charter for the City of Reynolds, approved August 16, 1915 (Ga. L. 1915, p. 786), as amended. This 11th day of January, 1983. Ward Edwards Representative, 112th 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 is Representative from the 112th 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 13, 20, 27, 1983. /s/ Ward Edwards Representative, 112th District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3878
BALDWIN COUNTYBOARD OF EDUCATIONMEMBERS' COMPENSATION. No. 105 (House Bill No. 575). AN ACT To amend an Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), so as to delete certain provisions regarding compensation and expenses 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 providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), is amended by striking in its entirety Section 5 thereof, which reads as follows: Section 5. The members of the Board of Education shall be compensated in the amount of $20.00 for each meeting actually attended, plus actual and necessary expenses incurred in carrying out their official duties. Section 2 . This Act shall become effective July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation.
Page 3879
Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325); and for other purposes. This 19th day of January, 1983. Bobby E. Parham Representative, 105th District Culver Kidd Senator, 25th District Affidavit of Publication. Georgia, Baldwin County. I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder, printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Intention to Introduce Local Legislation RE: Election of members of the Board of Education was inserted in space of legal advertisement as follows: January 21, 28; February 4, 1983. /s/ Roger W. Coover Publisher
Page 3880
Subscribed and sworn before me, this 8th day of February, 1983. /s/ Nancy D. Veal Notary Public. My Commission Expires 8-19-86. (Seal). Approved March 14, 1983. GLYNN COUNTYBOARD OF COMMISSIONERSELECTION DISTRICTS. No. 106 (House Bill No. 655). AN ACT To amend an Act creating a board of commissioners of Glynn County, Georgia, approved February 11, 1973 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4570), so as to change the composition of the election districts from which the members of the board of commissioners are elected; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of commissioners of Glynn County, Georgia, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4570), is amended by striking subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) of Section 1 to read as follows: (a) There is created the board of commissioners of Glynn County to be composed of seven members to be elected as hereinafter
Page 3881
provided. For the purpose of electing members of the board of commissioners, Glynn County shall be divided into five commissioner districts as follows: District No. 1 Glynn Tract 9902 Blocks 101 through 104, 107, 108, 111, and 118 through 123 Block Groups 2 through 4 Tract 9904 Block 311 Tract 9908 Block Groups 1 through 4 Blocks 526 and 527 District No. 2 Glynn Tract 9901 Tract 9902 Blocks 105, 106, 116, and 117 Tract 9908 Blocks 501 through 536 and 538 District No. 3 . Glynn Tract 9902 Blocks 109 and 110 Tract 9903 Blocks 101 through 125 and 130 through 134 That part of Block 136 outside the City of Brunswick Block 137 That part of Block 138 outside the City of Brunswick Block 139 Those parts of Blocks 140 and 141 outside the City of Brunswick Blocks 142 through 144
Page 3882
That part of Block 145 outside the City of Brunswick Blocks 147 through 152 Those parts of Blocks 153 and 154 outside the City of Brunswick Blocks 155 and 161 Tract 9904 Block Groups 1 and 2 Blocks 301 through 310 and 312 through 320 Block Group 4 Tract 9905 Block 101 Those parts of Blocks 102 and 104 outside the City of Brunswick District No. 4 Glynn Tract 9903 Blocks 126 through 129 and 135 Those parts of Blocks 136, 140, 141, 145, 153, and 154 outside the City of Brunswick Block Groups 2 and 3 Blocks 401 through 406 Tract 9905 That part of Block 102 within the City of Brunswick Block 103 That part of Block 104 within the City of Brunswick Blocks 105 through 107, 201 through 207, 301 through 350, and 356 Block Groups 4 through 7 Blocks 801 through 814 and 830 through 841 Tract 9906 Blocks 106 through 115, 126 through 134, and 406 through 410 District No. 5
Page 3883
Glynn Tract 9902 Block 112 Tract 9903 Blocks 407 through 441 Tract 9905 Blocks 815 through 829 and 842 through 846 Tract 9906 Blocks 101 through 105, 116 through 125, and 135 through 147 Block Groups 2 and 3 Blocks 401 through 405 and 411 through 450 Block Group 5 Tracts 9907 and 9907.99 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1136), as amended, so as to change certain provisions relative to the composition and method of election of members of the board of commissioners; and for other purposes. This 27th day of January, 1983. Dean G. Auten Representative, 156th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean G. Auten, who, on oath, deposes
Page 3884
and says that he is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: January 29, February 5, 12, 1983. /s/ Dean G. Auten Representative, 156th District Sworn to and subscribed before me, this 11th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. WALKER COUNTYTAX COMMISSIONERCOMPENSATION OF OFFICE PERSONNEL. No. 108 (House Bill No. 678). AN ACT To amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3721), so as to change the compensation of the personnel of the tax commissioner's office; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 3885
Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3721), is amended by striking subsection (a) of Section 5, which reads 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., and inserting in its place a new subsection to read as follows: (a) (1) 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. (2) Notwithstanding the limitation contained in paragraph (1) of this subsection, on and after the effective date of this paragraph the deputy tax commissioner shall be compensated by an annual salary of $13,100.00 and the tax commissioner may increase the compensation of the other personnel of his office by an amount not to exceed 5.23 percent.
Page 3886
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia an Act creating the office of Tax Commissioner and providing for compensation for clerical help, as approved January 27, 1964 (Ga. Laws 1964, page 2018), as amended; and for other purposes this 17th day of January, 1983. 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, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 19, 28, and February 2, 1983. /s/ Wayne Snow, Jr. Representative, 1st District
Page 3887
Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. COBB COUNTYJUVENILE COURT JUDGECOMPENSATION. No. 109 (House Bill No. 687). AN ACT To amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, so as to change the compensation of said judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, is 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 Juvenile Court of Cobb County shall receive an annual salary of $40,068.00, to be paid in equal monthly installments from the general funds of Cobb County. Said judge shall devote his full time to the duties of his office and shall not engage in the private practice of law.
Page 3888
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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, approved July 17, 1969, (Ga. L. 1969, p. 350), as amended, and for other purposes. This 31st day of December, 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20th District, and
Page 3889
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 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. COBB COUNTYSTATE COURT CLERK AND DEPUTY CLERKCOMPENSATION. No. 110 (House Bill No. 692). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the clerk of the court; to change the compensation of the chief deputy clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 3890
Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking from Section 23 the following: Until April 1, 1980, the clerk of the State Court shall receive an annual salary of $21,400.00, payable in equal monthly installments from the funds of Cobb County. On and after April 1, 1980, the annual salary of said clerk shall be $22,900.00. 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., and inserting in lieu thereof the following: The clerk of the State Court of Cobb County shall receive an annual salary of $28,310.00, payable in equal monthly installments from the funds of Cobb County. Section 2 . Said Act is further amended by striking in its entirety paragraph (4) of subsection (b) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The salary of the chief deputy clerk shall be $24,725.00 per annum to be paid in equal monthly installments from the funds of the county. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 3891
This 31st day of Dec., 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District
Page 3892
Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CARROLL COUNTYPROBATE JUDGECOMPENSATION. No. 111 (House Bill No. 713). AN ACT To amend an Act placing the judge of the Probate Court of Carroll County upon an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2739), as amended, so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the judge of the Probate Court of Carroll County upon an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2739), as amended, is 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 $24,000.00, payable in equal monthly installments from county funds.
Page 3893
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1983 session of the General Assembly of Georgia a bill to change the compensation of the Judge of Probate Court of Carroll County, and for other purposes. This 18th day of January, 1983. /s/ Wayne Garner /s/ Charles A. Thomas, Jr. /s/ Gerald L. Johnson Affidavit. Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Daily-Times Georgian legal organ for Carroll County. The following dates, to-wit: January 20, 27 and February 3, 10.
Page 3894
Sworn to on the 16th day of February, 1983. /s/ Bill E. Martin Publisher Sworn to and subscribed before me, on the 16th day of February, 1983. /s/ Linda W. Jeter Notary Public. (Seal). Approved March 14, 1983. CLAY COUNTYSHERIFFMAXIMUM SALARY. No. 112 (House Bill No. 720). AN ACT To amend an Act placing the sheriff of Clay County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2250), as amended by an Act approved April 11, 1979 (Ga. L. 1979, p. 3246), so as to provide that the sheriff shall not receive a salary above a certain maximum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the sheriff of Clay County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2250), as amended by an Act approved April 11, 1979 (Ga. L. 1979, p. 3246), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
Page 3895
Section 2. The annual salary of the sheriff of Clay County shall be fixed and determined by the governing authority of Clay County. The annual salary of the sheriff shall not be less than the minimum salary prescribed by law nor more than 150 percent of the minimum salary prescribed by general law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill concerning the compensation of the offices of Probate Judge, Clerk of Superior Court, Tax Commissioner and Sheriff of the County of Clay, and for other purposes. This 14th day of January, 1983. Gerald Isler, Chairman Clay County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Clay County, on the following dates: January 20, 27, and February 3, 1983. /s/ Bob Hanner Representative, 131st District
Page 3896
Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. FLOYD COUNTYSUPERIOR COURT CLERKCOMPENSATION. No. 113 (House Bill No. 745). 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. L. 1972, p. 3184), as amended by an Act approved February 27, 1981 (Ga. L. 1981, p. 3030), 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 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. L. 1972, p. 3184), as amended by an Act approved February 27, 1981 (Ga. L. 1981, p. 3030), is amended by striking from Section 2 of said Act the following:
Page 3897
$21,500.00, and inserting in lieu thereof the following: $25,555.00, so that when so amended Section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Floyd County shall be paid a salary of $25,555.00 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 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 29th day of January, 1983.
Page 3898
John Adams Representative, 16th District Buddy Childers Representative, 15 District Forrest McKelvey Representative, 15 District, Post 2 Ed Hine Senator, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: February 3, 10, 17, 1983. /s/ John Adams Representative, 16th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3899
LIBERTY COUNTYSTATE COURTCOMPENSATION OF JUDGE AND SOLICITOR. No. 114 (House Bill No. 750). AN ACT To amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3280), so as to change the compensation of the judge and solicitor of the said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3280), is amended by striking from Section 4A thereof the following: eleven thousand dollars ($11,000.00), and inserting in its place the following: $18,000.00, so that when so amended, said Section 4A shall read as follows: Section 4A. The judge of the State Court of Liberty County shall receive a salary of $18,000.00 per annum, and the same shall be paid monthly out of the public funds of Liberty County and out of any fund set aside for paying current expenses of said county. The judge of said court shall receive no other compensation for his service. He
Page 3900
shall not be permitted to practice law in his own court but may practice in other courts. Section 2 . Said Act is further amended by striking from Section 5A the following: eleven thousand dollars ($11,000.00), and inserting in its place the following: $18,000.00, so that when so amended, said Section 5A shall read as follows: Section 5A. The solicitor of the State Court of Liberty County shall be compensated in the amount of $18,000.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which he has heretofore received except those provided in Section 6. The solicitor shall not be allowed any additional reimbursement for secretarial help. In the absence or disqualification of the solicitor, the judge of the city court shall appoint a solicitor pro tem, who shall be paid the amount on a pro rata basis which the solicitor would have received had he been serving. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1983 session of the General Assembly of Georgia, a bill to change the method of compensation of and the amount of compensation of the Liberty County Judge of State Court and the Liberty County Solicitor of State Court; to provide for related matters; and for other purposes.
Page 3901
This the 31st day of January, 1983. James M. Floyd Chairman, Liberty County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe E. Brown, who, on oath, deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County, on the following dates: February 2, 9, 16, 1983. /s/ Joe E. Brown Representative, 154th District Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3902
THOMAS COUNTYSMALL CLAIMS COURTELECTION OF JUDGE. No. 115 (House Bill No. 758). AN ACT To amend an Act creating the Small Claims Court of Thomas County, approved March 23, 1977 (Ga. L. 1977, p. 4043), so as to provide that the judge of the court shall be elected; 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 Small Claims Court of Thomas County, approved March 23, 1977 (Ga. L. 1977, p. 4043), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. The judge in office on the effective date of this section shall serve until December 31, 1984, and until his successor is elected and qualified. At the 1984 general election and quadrennially thereafter there shall be elected a judge of the Small Claims Court of Thomas County who shall take office on the first day of January following his election for a term of four years and until his successor is elected and qualified. 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 repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the 1983 Regular Session of the General Assembly a bill to provide for the election of the Small Claims Court Judge.
Page 3903
This the 1st day of February, 1983. John Bulloch Thomas County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen Sherrod, who, on oath, deposes and says that he is Representative from the 143rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times Enterprise which is the official organ of Thomas County, on the following dates: February 4, 11, 18, 1983. /s/ Allen Sherrod Representative, 143rd District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3904
BURKE COUNTYPROBATE JUDGEMANNER OF COMPENSATING. No. 116 (House Bill No. 759). AN ACT To abolish the present mode of compensating the probate judge of Burke County, known as the fee system; to provide in lieu thereof an annual salary for said officer; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses; 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 . The present mode of compensating the probate judge of Burke County, known as the fee system, is abolished and, in lieu thereof, said officer shall receive an annual salary of $22,470.00 to be paid in equal monthly installments from the funds of Burke County. Beginning July 1, 1983, the salary of the probate judge shall be increased, whenever employees of Burke County are given an across-the-board cost-of-living increase, by the same percentage or amount as is provided for the employees of Burke County. Section 2 . After the effective date of this Act, the judge of the probate court of Burke County 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 as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public moneys, and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, 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.
Page 3905
The statement shall show the respective amounts of money collected and the source thereof. Section 3 . The necessary operating expenses for the office of said 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, and equipment, and the repaid, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of his 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 Burke 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1983 session of the General Assembly of Georgia, a bill to change the method of compensation of and the amount of compensation of the Burke County Probate Judge; to provide for related matters; and for other purposes. This 28th day of January, 1983. C. W. Hopper, Jr., Burke County Administrator Preston B. Lewis, Jr. Burke County Attorney
Page 3906
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following dates: February 2, 9 and 16, 1983. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 14, 1983. BULLOCH COUNTYALLOCATION OF SALES TAX REVENUES. No. 117 (House Bill No. 768). AN ACT To allocate the proceeds of the sales and use tax imposed by Bulloch County under Article 2 of Chapter 8 of Title 48 of the
Page 3907
O.C.G.A. to the Bulloch County school system; to provide definitions; 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 . As used in this Act, the term proceeds means 100 percent of the proceeds of the local sales and use tax authorized for distribution as provided in paragraph (2) of subsection (a) of Code Section 48-8-89 of the O.C.G.A. Section 2 . The proceeds of the sales and use tax imposed in Bulloch County under the provisions of Article 2 of Chapter 8 of Title 48 of the O.C.G.A. shall be allocated to the Bulloch County school system. Section 3 . The official charged with the duty and responsibility of collecting the sales and use tax as provided in Article 2 of Chapter 8 of Title 48 of the O.C.G.A. shall pay over the proceeds of the tax to the Board of Education of Bulloch County within 30 days of the collection of the proceeds. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1983 session of the General Assembly of Georgia, a bill allocating a percentage of the local sales and use tax levied within Bulloch County to the Bulloch County School System; and for other purposes. This 3rd day of February, 1983.
Page 3908
Robert Emory Lane Representative, District 111 John F. Godbee Representative, District 110 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 is Representative from the 111th 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: February 5, 12, 18, 1983. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3909
BULLOCH COUNTYTAX COMMISSIONER'S ASSISTANTSCOMPENSATION. No. 118 (House Bill No. 775). AN ACT To amend an Act creating the office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3943), 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. L. 1937, p. 1261), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3943), is 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 $10,111.00 per annum, the second such assistant shall receive a salary not to exceed $9,332.00 per annum, and the third such assistant shall receive a salary not to exceed $8,651.00 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 repealed.
Page 3910
Notice to the Public. The public is notified that there will be introduced in the 1983 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 County 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 29, 1983. Robert Emory Lane Representative, District 110 John F. Godbee Representative, District 110 Joseph E. Kennedy Senator, 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 110th 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: February 3, 10, 17, 1983.
Page 3911
/s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. WILKINSON COUNTYBOARD OF EDUCATIONELECTION OF SUCCESSOR BOARD, ETC., REFERENDUM. No. 119 (House Bill No. 561). AN ACT To amend an Act creating a new Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), so as to provide for the election of a new Board of Education of Wilkinson county as the successor to the heretofore existing board; to provide for election districts; to provide for terms of office; to provide for the election of a chairman of the board; to provide for filling vacancies on the board; to provide for the compensation of the members of the board and the chairman; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; to provide for the submission of this Act to the United States Department of Justice; and for other purposes.
Page 3912
Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), is amended by striking Sections 1 through 5 in their entirety and substituting in lieu thereof new Sections 1 through 5 to read as follows: Section 1. The Board of Education of Wilkinson County shall be composed of a chairman and four additional members. The chairman shall be elected from the Wilkinson County school district at large and the other four members shall be elected from districts as hereinafter provided. Section 2. (a) For the purpose of electing the four district members of said board of education, the Wilkinson County school district shall be divided into four education districts as follows: Education District No. 1 Wilkinson Tract 9902 That part of Block 302 inside the City of Gordon Blocks 303 through 306 That part of Block 313 inside the City of Gordon Blocks 315 and 316 That part of Block 317 inside the City of Gordon Blocks 318 through 334 That part of Block 335 inside the City of Gordon Blocks 401 through 408, 410 through 421, and 429 through 434 That part of Block 441 inside the City of Gordon Block 450 Education District No. 2 Wilkinson Tract 9901 Blocks 103, 104, 110 through 113,
Page 3913
and 120 That part of Block 121 outside the City of McIntyre Block 122 That part of Block 206 outside the City of McIntyre Blocks 207 through 210 That part of Block 211 outside the City of McIntyre Block 212 Tract 9902 Group 1 Blocks 201 through 243 Block 301 That part of Block 302 outside the City of Gordon Blocks 307 through 312 That part of Block 313 outside the City of Gordon Block 314 Those parts of Blocks 317 and 335 outside the City of Gordon Blocks 422 through 428 and 435 through 440 That part of Block 441 outside the City of Gordon Blocks 508 and 509 Education District No. 3 Wilkinson Tract 9901 Those parts of Blocks 219 and 221 inside the City of Irwinton Blocks 228 through 230, 232, and 233 Blocks 301 through 303 Block 401 That part of Block 403 inside the City of Irwinton Blocks 408 through 410 and 414 through 432 Block Group 5
Page 3914
Tract 9902 Those parts of Blocks 506 and 507 outside the City of Irwinton Blocks 510 through 520 Block Groups 6 and 7 Education District No. 4 Wilkinson Tract 9901 Blocks 101, 102, 105 through 109, and 114 through 119 That part of Block 121 inside the City of Irwinton Blocks 123 and 124 Blocks 201 through 205 Those parts of Blocks 206 and 211 inside the City of McIntyre Blocks 213 through 218 That part of Block 219 inside the City of McIntyre That part of Block 219 outside the City of Irwinton Block 220 That part of Block 221 inside the City of McIntyre That part of Block 221 outside the City of Irwinton Blocks 222 through 227 Blocks 304 through 312 Block 402 That part of Block 403 inside the City of Toomsboro That part of Block 403 outside the City of Toomsboro Blocks 404 through 407 and 411 through 413 Tract 9902 Blocks 501 through 505 Those parts of Blocks 506 and 507 inside the City of Irwinton
Page 3915
(b) As used in subsection (a) of this section, the terms `Tract,' `Block Group,' and `Block' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia, County of Wilkinson. Whenever the description of an education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. Any part of the Wilkinson County school district which is not included in an education district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the 1980 decennial census. (c) Each district member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for district membership on said board shall have been a resident of the county school district for at least two years and of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a district member of said board shall specify the education district for which the person is offering. Each district member of the board shall be elected by a majority vote of the qualified voters voting within each respective education district. The chairman of the board shall have been a resident of the county school district at least two years prior to the date of election. The chairman may reside anywhere within the Wilkinson County school district and shall be elected by a majority of the qualified voters voting at large within the Wilkinson County school district. The chairman shall be a full voting member of the board. All members of said board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated known as the `Georgia Election Code.' (d) The first members of the board of education provided for in this Act shall be elected at the general election held in 1984. At the general election held in 1984, the chairman and the members from education districts 3 and 4 shall be elected for terms of four years, and the members from education districts 1 and 2 shall be elected for initial terms of two years. All members shall take office on January 1, 1985. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following the election for terms of four years. All members shall serve until their successors are elected and qualified.
Page 3916
Section 3. (a) If a vacancy occurs in the membership of the board, including the chairman, because of death, removal from the education district or from the school district, resignation, or for any other reason, such vacancy shall be filled as follows: (1) If the remaining term of office is six months or less, the remaining members of the board shall appoint a qualified person to fill such vacancy for the unexpired term; (2) If the remaining term of office is more than six months and the vacancy is in the district membership of the board, the election superintendent of Wilkinson County, within ten days after the date the vacancy occurred, shall issue the call for a special election to be held within the education district in which the vacancy exists to elect a qualified person to fill such vacancy for the unexpired term; and (3) If the remaining term of office is more than six months and the vacancy is in the chairmanship of the board, the election superintendent of Wilkinson County, within ten days after the date the vacancy occurred, shall issue the call for a special election to be held within the Wilkinson County School District to elect a qualified person to fill such vacancy for the unexpired term. (b) Special elections provided for in this section shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated known as the `Georgia Election Code.' Section 4. The chairman of the board of education shall be compensated in the amount of $4,200.00 per annum, and each of the other members of the board shall be compensated in the amount of $2,400.00 per annum. The chairman and other members shall be paid in equal monthly installments from the funds of the board of education. Section 5. The Board of Education of Wilkinson County provided for by this Act shall be subject to all constitutional and statutory provisions of this state relative to county boards of education and the members thereof, except as otherwise provided by this Act. The heretofore existing Board of Education of Wilkinson County shall stand abolished on December 31, 1984.
Page 3917
Section 2 . Not less than ten nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Wilkinson County to issue the call for an election for the purpose of submitting this Act to the electors of the Wilkinson County School District for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days 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 Wilkinson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of a new Board of Education of Wilkinson County to take office on January 1, 1985, consisting of four district board members and a chairman elected at large and fixing the compensation of the members of said board and providing for the filling of vacancies be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 3 of this Act, but otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Wilkinson County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3 . If approved at the referendum provided for in Section 2 of this Act, the provisions of this Act necessary for election of the members of the Board of Education of Wilkinson County at the general election of 1984, as provided by this Act, shall become effective upon the certification of the results of said referendum. This Act shall become effective for all purposes on January 1, 1985.
Page 3918
Section 4 . All laws and parts of laws in conflict with this Act are repealed. Section 5 . It shall be the duty of the Board of Education of Wilkinson County in office on the date this Act is approved by the Governor or on the date it otherwise becomes law to order the school board attorney to submit this Act to the United States Department of Justice for review pursuant to the federal Voting Rights Act of 1965, as amended, 42 U.S.C. Section 1973c. Such submission shall be made within 20 days after the date this Act is approved by the Governor or it otherwise becomes law. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating a new Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333); and for other purposes. This 17th day of January, 1983. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 20, 27, and February 3, 1983. /s/ Kenneth W. Birdsong Representative, 104th District
Page 3919
Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CITY OF AUSTELLCORPORATE LIMITS CHANGED. No. 120 (House Bill No. 829). AN ACT To amend an Act reincorporating the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4495), 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 reincorporating the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4495), is amended by adding following Section 3V thereof a new section, to be known as Section 3W, to read as follows: Section 3W. On or after the effective date of this section, the corporate limits of the City of Austell shall also include and embrace the following tracts of land:
Page 3920
All that tract or parcel of land, lying and being in Land Lot 206 of the 18th District of Douglas County, Georgia, more particularly described as follows: BEGINNING at a point on the West line of Land Lot 206, a distance of 289.2 feet South of the line dividing Cobb County and Douglas County, which is the South line of the present Austell city limits, and running thence East along said city limit line 515 feet, more or less, to the East side of Hotel Street; running thence South along the East side of Hotel Street 1060 feet, more or less, to the South line of Land Lot 206; running thence West along said Land Lot line 538.3 feet to the Southwest corner of said Land Lot; running thence North along the West line of said Land Lot 1060 feet, more or less, to the point of beginning. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend the charter of the City of Austell, (Ga. L. 1929, p. 852) as heretofore amended and for other purposes. This 31st day of December, 1982.
Page 3921
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Lawler, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 13, 20, 27, February 3, 1983. /s/ Terry Lawler Representative, 20th District Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
Page 3922
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend the charter of the City of Austell, (Ga. L. 1929, p. 852) as heretofore amended, and for other purposes. This 31st day of December, 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Lawler, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ Terry Lawler Representative, 20th District
Page 3923
Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. SCREVEN COUNTYSTATE COURT JUDGE AND SOLICITORCOMPENSATION. No. 121 (House Bill No. 827). AN ACT To amend an Act creating the State Court of Screven County, approved December 15, 1902 (Ga. L. 1902, p. 162), as amended, particularly by an Act approved March 11, 1977 (Ga. L. 1977, p. 3152), so as to change the provisions relative to the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Screven County, approved December 15, 1902 (Ga. L. 1902, p. 162), as amended, particularly by an Act approved March 11, 1977 (Ga. L. 1977, p. 3152), is amended by striking Section 6A in its entirety and substituting in lieu thereof a new Section 6A to read as follows: Section 6A. Notwithstanding any other provisions of law to the contrary, the judge of said court shall receive an annual salary of $7,500.00 and the solicitor of said court shall receive an annual salary
Page 3924
of $6,500.00. Said salaries shall be paid in equal monthly installments from the funds of Screven County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Pass Local Legislation. Notice is hereby given as provided by the Constitution of the State of Georgia that legislation will be introduced to the 1983 Session of the General Assembly of Georgia to amend the salaries of the Solicitor of the State Court of Screven County, Georgia, and the Judge of the State Court of Screven County. This 19th day of January, 1983. 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 is Representative from the 111th 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 27, February 3, 10, 1983. /s/ Bob Lane Representative, 111th District
Page 3925
Sworn to and subscribed before me, this 23rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. EARLY COUNTYSMALL CLAIMS COURT JUDGEMANNER OF COMPENSATING, ETC. No. 122 (House Bill No. 824). AN ACT To amend an Act creating and establishing the Small Claims Court of Early County, approved January 27, 1978 (Ga. L. 1978, p. 3010), so as to abolish the present mode of compensating the judge of the Small Claims Court of Early County, known as the fee system; to provide in lieu thereof an annual salary for said officer; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to 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 Early County, approved January 27, 1978 (Ga. L. 1978, p. 3010), is amended by striking Section 5 in its entirety and inserting in lieu thereof two new sections, to be designated Section 5 and Section 5A, respectively, to read as follows:
Page 3926
Section 5. The annual salary of the judge of the small claims court shall be fixed and determined by the governing authority of Early County. The annual salary of the judge of the small claims court shall be payable in equal monthly installments from county funds. The annual salary shall be the sole compensation for services of the judge of the small claims court in any capacity. Section 5A. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the small claims 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 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act creating the Small Claims Court in and for Early County, approved January 27, 1978 (Ga. Laws 1978, p. 3010), and for other purposes. This 31st day of January, 1983. /s/ Ralph J. Balkcom Representative, 140th District
Page 3927
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 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: February 3, 10, 17, 1983. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 23rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. EARLY COUNTYPROBATE COURT JUDGEMANNER OF COMPENSATING, ETC. No. 123 (House Bill No. 823). AN ACT To abolish the present mode of compensating the judge of the Probate Court of Early County, known as the fee system; to provide in
Page 3928
lieu thereof an annual salary for said officer; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for an exception; 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 deputies, clerks, assistants, and other personnel by said officer; to provide for the compensation of such deputies, clerks, assistants, and other personnel; to repeal an Act providing that the judge of the Probate Court of Early County shall receive, in addition to the fees received by law, a supplemental salary, approved March 17, 1960 (Ga. L. 1960, p. 3083); 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 Early County, known as the fee system, is abolished and, in lieu thereof, an annual salary for such officer is prescribed as provided in this Act. Section 2 . The annual salary of the judge of the Probate Court of Early County shall be fixed and determined by the governing authority of Early County. The annual salary of the judge of the probate court shall not be less than the minimum salary prescribed by general law and shall not be reduced during his term of office. The annual salary of the judge of the probate court shall be payable in equal monthly installments from county funds. The annual salary shall be the sole compensation for services of the judge of the probate court in any capacity except those services for copies or searches by local custodians of vital records as provided in Code Section 31-10-27 of the O.C.G.A. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity except as provided in Section 2 of this Act and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such
Page 3929
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 employ deputies, clerks, assistants, and other personnel deemed necessary to discharge efficiently and effectively the official duties of the office. The judge of the probate court shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the 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 the term of office to which elected, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. Section 5 . The necessary operating expenses of the office of the judge of the probate court, expressly including the compensation of the personnel in the office of the judge of the probate court, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Early County. Section 6 . An Act approved March 17, 1960 (Ga. L. 1960, p. 3083), providing that the judge of the Probate Court of Early County shall receive, in addition to the fees received by law, a supplemental salary is repealed in its entirety. Section 7 . All laws and parts of laws in conflict with this Act are repealed.
Page 3930
Notice of Intent to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to place the Probate Judge of Early County on an annual salary in lieu of the fee system of compensation; to provide the procedure connected therewith and for other purposes. This 31st day of January, 1983. /s/ Ralph J. Balkcom Representative, 140th District 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 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: February 3, 10, 17, 1983. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 23rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3931
WAYNE COUNTYSTATE COURT JUDGE AND SOLICITORCOMPENSATION, ETC. No. 125 (House Bill No. 819). AN ACT To amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), an Act approved June 5, 1964 (Ga. L. 1964 Ex. Sess., p. 2046), and an Act approved March 17, 1978 (Ga. L. 1978, p. 4071), so as to change the compensation of the judge and the solicitor; to change the secretarial allowance 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 Wayne County (formerly the City Court of Jesup in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), an Act approved June 5, 1964 (Ga. L. 1964 Ex. Sess., p. 2046), and an Act approved March 17, 1978 (Ga. L. 1978, p. 4071), is amended by striking in its entirety Section 3 of said amendatory Act of 1958 and substituting in lieu thereof a new Section 3 to read as follows: Section 3 . The judge of the State Court of Wayne County shall receive a salary of $9,000.00 per annum, which shall be paid in monthly installments from the funds of Wayne County at the direction of the board of commissioners of Wayne County. Section 2 . Said Act is further amended by striking in its entirety Section 4 of said amendatory Act of 1958 and substituting in lieu thereof a new Section 4 to read as follows:
Page 3932
Section 4. The solicitor of the State Court of Wayne County shall receive an annual salary in the amount of $9,800.00. In addition to such salary an allowance of $50.00 per month shall be paid to the solicitor for secretarial services. The salary and allowance shall be paid monthly out of the funds of Wayne County. Section 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill affecting the compensation of the Judge of State Court and Solicitor of State Court of Wayne County. This 31st day of January, 1983. Ray S. Gordon, State Court Judge J. Kenneth Royal, Solicitor Roger C. Byrd, State Representative Georgia, Wayne County. Before me, an officer duly authorized by law to administer oaths, appeared W. H. NeSmith, Jr., who on oath states that he is publisher of the Press-Sentinel, a newspaper of general circulation and one in which Sheriff's advertisements are published in Wayne County, Georgia, and that notice shown below has been duly and regularly published in the Press-Sentinel 3 times, on the issues dated, to-Wit: February 2, 1983, February 9, 1983, and February 16, 1983.
Page 3933
/s/ W. H. NeSmith, Jr. Sworn to and subscribed before me, this the 16th day of February, 1983. /s/ Patricia D. Moody Notary Public, Georgia State at Large. My Commission Expires Jan. 20, 1987 (Seal). Approved March 14, 1983. WAYNE COUNTYSUPERIOR COURT CLERKCOMPENSATION. No. 126 (House Bill No. 818). 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. L. 1959, p. 3031), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3805) and an Act approved April 6, 1981 (Ga. L. 1981, p. 3348), so as to change the provisions relative 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 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. L. 1959, p. 3031), as amended, particularly by an Act approved March 25, 1980 (Ga. L.
Page 3934
1980, p. 3805) and an Act approved April 6, 1981 (Ga. L. 1981, p. 3348), is amended by striking subsections (a) and (b) of Section 1, which read as follows: (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. L. 1973, p. 256), as now or hereafter amended., and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) The clerk of the Superior Court of Wayne shall receive a base salary of $21,560.00 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, 1984. If at any time after January 1, 1983, the base salary of any county officer is increased during a calendar year, either by local law or pursuant to general law, to an amount greater than the salary of the clerk as provided in this subsection, then the salary provided by this subsection for the clerk of the Superior Court of Wayne County shall be increased to the same amount, effective at the same time as the effective date of the increase in the salary of such county officer. (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, 1983, 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,
Page 3935
the salary of the successor clerk shall be the minimum salary provided for clerks of the superior courts by Article 2 of Chapter 6 of Title 15 of the O.C.G.A. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 27th day of January, 1983. /s/ Stetson Bennett, Jr. Clerk, Superior Court Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Byrd, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Press Sentinel which is the official organ of Wayne County, on the following dates: February 2, 9, 16, 1983.
Page 3936
/s/ Roger Byrd Representative, 153rd District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. FANNIN COUNTYCORONERCOMPENSATION. No. 128 (House Bill No. 810). AN ACT To amend an Act providing an annual salary for the coroner of Fannin County, approved April 6, 1981 (Ga. L. 1981, p. 4106), 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 providing an annual salary for the coroner of Fannin County, approved April 6, 1981 (Ga. L. 1981, p. 4106), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. The coroner of Fannin County is placed on a salary basis in lieu of a fee basis for all of his services and shall be
Page 3937
compensated in the amount of $3,600.00 per annum to be paid in equal monthly installments from the funds 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act relating to the coroner of Fannin County, approved April 6, 1981 (Ga. L. 1981, p. 4106); and for other purposes. This 27th day of January, 1983. Affidavit of Publication. Georgia, Fannin County. I, Lonnie Britt do solemnly swear that I am the Publisher of the Blue Ridge Summit Post, printed and published at Blue Ridge, in the state of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Notice to introduce local legislation-bill relating to the coroner of Fannin County was inserted in the Blue Ridge Summit Post in space of Legal Notices on dates as follows: Jan. 28, 1983; Feb. 4, 1983 and Feb. 11, 1983.
Page 3938
/s/ Lonnie Britt Subscribed and sworn to before me, this 16 day of February, 1983. /s/ Phyllis Ross Notary Public My Commission Expires 1/22/85. (Seal). Approved March 14, 1983. FANNIN COUNTYCHAIRMAN AND MEMBERS OF BOARD OF COMMISSIONERSCOMPENSATION. No. 129 (House Bill No. 809). AN ACT To amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3809), so as to change the provisions relating to the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3809), is amended by striking subsection (a) of Section 6 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
Page 3939
(a) (1) The Chairman of the Board of Commissioners shall receive an annual salary which at all times shall be the same as the annual salary of the sheriff of Fannin County plus $500.00 per annum. (2) Each member of the board, other than the Chairman shall receive an annual salary of $3,600.00. (3) The compensation of the Chairman and members of the board shall be paid in equal monthly installments from the funds of Fannin County. Except as otherwise provided by subsection (b) of this Section, the salaries provided for by this subsection shall constitute the entire compensation from the funds of Fannin County to which the Chairman and other members of the Board of Commissioners shall be entitled. The Chairman and other commissioners shall not be entitled to any additional compensation for serving on any other public boards or public authorities by virtue of their office. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended; and for other purposes. This 2nd day of February, 1983.
Page 3940
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue-Ridge Summit-Post which is the official organ of Fannin County, on the following dates: February 4, 11, 18, 1983. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. BUTTS COUNTYMEMBERS OF BOARD OF EDUCATIONPROCEDURE FOR SELECTION. No. 130 (House Bill No. 799). AN ACT To amend an Act to provide that the grand jury selecting members of the county board of education of Butts County shall be authorized
Page 3941
to select two members from certain militia districts, approved April 10, 1971 (Ga. L. 1971, p. 3762), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3368), so as to provide an additional procedure to be used in the selection of members of the county board of education; to provide for advertisement of procedure for selection of 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 to provide that the grand jury selecting members of the county board of education of Butts County shall be authorized to select two members from certain militia districts, approved April 10, 1971 (Ga. L. 1971, p. 3762), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3368), is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The grand jury of Butts County shall be authorized to select the members of the board of education of Butts County from the county at large. (b) The grand jury of the November term of the Superior Court of Butts County immediately preceding the expiration of the term of the member of the county board of education shall compile a list of three candidates from which the grand jury of the February term shall select a new member to succeed the member whose term is expiring. The clerk of the Superior Court of Butts County shall, 30 days prior to the November term of court immediately preceding the expiration of the term of a member of the county board of education, place a conspicuous advertisement once a week for two weeks in a newspaper of general circulation in the county, the cost of which advertisement shall be borne by the county board of education, stating that persons who meet the legal requirements for membership on the county board of education may apply to the grand jury of the November term to be considered for inclusion on the list of candidates to be submitted to the grand jury of the February term. (c) The provisions of subsection (b) of this section shall not change the manner of appointment or the term of office of members of the county board of education. The provisions of subsection (b) of
Page 3942
this section are solely to provide an additional procedure to be used in the selection of candidates for appointment to the county board of education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the general assembly of Georgia, a bill to provide procedures to be followed by the grand jury of Butts County in appointing members of the Butts County Board of Education; to provide for related matters; to repeal conflicting laws; and further purposes. This the 24th day of January, 1983. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 26, February 2, 9, 1983. /s/ Bill Jones Representative, 78th District
Page 3943
Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. BARROW COUNTYBOARD OF COMMISSIONERSAUTHORITY TO ASSESS AND COLLECT LICENSE FEES AND TAXES. No. 131 (House Bill No. 798). AN ACT To provide that the board of commissioners of Barrow 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 areas of Barrow County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The board of commissioners of Barrow County, Georgia, as the governing authority of said county, is authorized and empowered to levy, assess, and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Chapter 3 of Title 46 of the O.C.G.A. The governing authority is further authorized and empowered to classify all such business and business enterprises and to assess different fees and taxes against different
Page 3944
classes of business being conducted in the unincorporated areas of said county; and, in order to provide for the public welfare, health, and security of the people of Barrow County. The governing authority is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Chapter 3 of Title 46 of the O.C.G.A. The governing authority is further authorized and empowered to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Barrow County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Legislation. A bill to authorize the governing authority of Barrow County to levy and collect business and occupational licenses, taxes and license fees in the unincorporated area of Barrow County and for other purposes is intended for introduction in the General Assembly at its 1983 Session. 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 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: February 2, 9, 16, 1983. /s/ John Russell Representative, 64th District
Page 3945
Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. BARROW COUNTYSUPPLEMENTAL COMPENSATION FOR JUDGE OF SUPERIOR COURT. No. 132 (House Bill No. 797). AN ACT To authorize the governing authority of Barrow County to provide for supplemental compensation for the judge of the superior court in the Piedmont Judicial Circuit; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) The governing authority of Barrow County, which county is within the Piedmont Judicial Circuit, is authorized to supplement the compensation of each superior court judge of the Piedmont Judicial Circuit in an amount to be determined within the discretion of the governing authority. Any such supplement shall be paid in monthly installments from the funds of Barrow County. (b) Any supplement authorized by this Act shall be in addition to the compensation, expenses, and allowances being received by the superior court judge in the Piedmont Judicial Circuit from the State
Page 3946
of Georgia or any other source. Any supplement is made and declared to be part of the expenses of the courts, and the power to levy a tax to pay the same or to otherwise provide to pay the same is delegated to the governing authority 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 repealed. Notice of Intention to Introduce Local Legislation. There will be legislation introduced in the 1983 session of the General Assembly of Georgia for the purpose of enabling Barrow County to supplement the salary of the Superior Court Judge of Barrow County for acting as Juvenile Court Judge. /s/ Anne J. Segars Chairman, Barrow County Board of Commissioners 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 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: February 2, 9, 16, 1983. /s/ John Russell Representative, 64th District
Page 3947
Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. COUNTY COMMISSIONER OF HARALSON COUNTYCOMPENSATION. No. 133 (House Bill No. 795). AN ACT To amend an Act creating the office of county commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 255), as amended, particularly by an Act approved March 31, 1982 (Ga. L. 1982, p. 3700), so as to change the compensation of the county commissioner of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of county commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 255), as amended, particularly by an Act approved March 31, 1982 (Ga. L. 1982, p. 3700), is amended by striking from subsection a. of Section 13 the following: twenty-eight thousand dollars ($28,000.00),
Page 3948
and inserting in lieu thereof the following: thirty thousand dollars ($30,000.00), 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 thirty thousand dollars ($30,000.00) 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to change the compensation of the County Commissioner of Haralson County; and for other purposes. This 10th day of January, 1983. /s/ Jim F. Smith Affidavit. Georgia, Haralson County. To Whom It May Concern:
Page 3949
This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County. The following dates, to-wit: January 6, 13, 20, and 27th, 1983. Sworn to on the 21st day of February, 1983. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on this 21st day of February, 1983. /s/ Lisa Y. Mayes Notary Public, Georgia State at Large. My Commission Expires June 3, 1985. (Seal). Approved March 14, 1983. CITY OF LEARYCORPORATE LIMITS CHANGED. No. 134 (House Bill No. 794). AN ACT To amend an Act providing a new charter for the City of Leary in Calhoun County, approved April 17, 1975 (Ga. L. 1975, p. 4401), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Page 3950
Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new charter for the City of Leary in Calhoun County, approved April 17, 1975 (Ga. L. 1975, p. 4401), is amended by adding to Section 1.11 a new subsection (c) to read as follows: (c) On and after the effective date of this subsection the boundaries of the city are extended in every direction from the center of the city an additional distance of one quarter of a mile. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1983 session of the General Assembly of Georgia, a bill to amend the City Charter of Leary and for other purposes. By: Gerald C. Dean Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Courier which is the official organ of Calhoun County, on the following dates: February 2, 7, 14, 1983. /s/ Bob Hanner Representative, 131st District
Page 3951
Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. THOMASTON-UPSON COUNTY OFFICE BUILDING AUTHORITYPOWERS DEFINED. No. 135 (House Bill No. 793). AN ACT To further define, prescribe, and enlarge the powers of the Thomaston-Upson County Office Building Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Thomaston-Upson County Office Building Authority, which was created by an amendment to Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1945, which amendment is contained in Ga. L. 1964, Ex. Sess., p. 338, and which was continued in force and effect by the Constitution of the State of Georgia of 1976, shall have the following powers, to wit: To acquire in its own name by lease, gift, purchase, or otherwise all and any types of personal property, and without limiting the generality of the above, specifically including motor vehicles, furniture or furnishings, office equipment, computers, and any other types of personal property which might be used or useful, in any manner, by
Page 3952
any governmental body or by any department thereof, upon such terms and conditions and in such manner as it may deem necessary and proper, with no limitation as to the term or economic life thereof, and to sell, donate, give, rent, lease, or sublease any such personal property to the City of Thomaston, Upson County, and all other divisions, departments, institutions, agencies, counties, or political subdivisions of the State of Georgia or the United States of America, under and for such terms and conditions and in such manner as it, in its sole discretion, deems necessary and expedient. Further, the Thomaston-Upson County Office Building Authority shall have the absolute power, right, and authority to sell, transfer, convey, assign, and create a security interest in any lease, rental, or sublease agreement entered into by said authority, for any and all purposes whatsoever, upon such terms and conditions as it may deem necessary and proper, and without limiting the generality of the foregoing, specifically including assignments made to secure the payment of any indebtedness created or incurred by the authority to finance the purchase, lease, or other acquisition of property acquired by the authority by virtue of the powers possessed by it. Section 2 . This Act is enacted pursuant to the authority vested in the General Assembly of Georgia by virtue of Paragraph DD. of that certain amendment to Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1945, which amendment is contained in Ga. L. 1964, Ex. Sess., p. 338, and which amendment was continued in force and effect by the Constitution of the State of Georgia of 1976. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of a bill of local application in the 1983 Session of the General Assembly of Georgia, the same being an Act to further define, prescribe and enlarge the powers of the Thomaston-Upson County Office Building Authority, as authorized by Ga. L. 1964, Ex. Sess. pp. 538, et seq.; and to repeal conflicting laws.
Page 3953
This 1st day of February, 1983. /s/ Marvin Adams Representative, 79th District Georgia, Fulton County. Personally appeared before me, the undersigned officer authorized to administer oaths, Marvin Adams, author of the foregoing legislation, who, on oath, deposes and says that he is the Representative from the 79th House District of Georgia, and that the above and foregoing copy of Notice of Intention to Introduce Local Legislation was published in The Thomaston Times, the official organ of Upson County, Georgia, on February 2, 9, and 16, 1983. /s/ Marvin Adams Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires, January 4, 1985. (Seal). Approved March 14, 1983.
Page 3954
TIFT COUNTY BOARD OF COMMISSIONERSAUTHORITY TO FIX SALARY OF CHAIRMAN. No. 136 (House Bill No. 515). AN ACT To amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4088), 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 a minimum limit; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4088), is 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 $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, 1983, for the remainder of 1983 and at their regular meeting in December in 1983 for the calendar year 1984 and at their regular meeting in December of each year thereafter for the succeeding calendar year. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation.
Page 3955
Legislation will be introduced in the regular 1983 session of the General Assembly of Georgia to amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as amended, 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, Henry W. Bostick, who, on oath, deposes and says that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Tifton Gazette which is the official organ of Tift County, on the following dates: January 15, 22, 29, 1983. /s/ Henry W. Bostick Representative, 138th District Sworn to and subscribed before me, this 8th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3956
TIFY COUNTYBOARD OF COMMISSIONERSAUTHORITY TO FIX SALARY OF TAX COMMISSIONER. No. 137 (House Bill No. 514). AN ACT To amend an Act placing the tax commissioner of Tift County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2705), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4084), 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 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 an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2705), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4084), is 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 $17,765.00, 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, 1983, for the remainder of 1983, and at their regular meeting in December of 1983 for the calendar year 1984, and at their regular meeting in December of each year thereafter for the succeeding calendar year. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Legislation will be introduced in the regular 1983 session of the General Assembly of Georgia to amend an Act providing for an
Page 3957
annual salary for the Tax Commissioner of Tift County, approved March 27, 1965 (Ga. Laws 1965, p. 2705), as amended, 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, Henry Bostick, who, on oath, deposes and says that he/she is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Tifton Gazette which is the official organ of Tift County, on the following dates: January 15, 22, and 29, 1983. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 8th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3958
HENRY COUNTYBOARD OF COMMISSIONERSCOMPENSATION. No. 138 (House Bill No. 506). AN ACT To amend an Act providing a new board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4186), so as to change the compensation of the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4186), is amended by striking Section 5, which reads as follows: Section 5. The Chairman of the Board shall receive an annual salary of $3,920.00 or an amount equal to 20% of the annual salary now or hereafter provided by general or local law for the Sheriff of Henry County, whichever is greater. The Vice-Chairman of the Board shall receive an annual salary of $3,430.00 or an amount equal to 17 1/2% of the annual salary now or hereafter provided by general or local law for the Sheriff of Henry County, whichever is greater. The other members of the Board shall receive an annual salary of $2,940.00 or an amount equal to 15% of the annual salary now or hereafter provided by general or local law for the Sheriff of Henry County, whichever is greater. Said salary shall be payable in equal monthly installments out of the general funds of Henry County. The Chairman and each other member of the Board shall also receive an expense allowances for in-county travel, of $1,200.00 per annum, payable in equal monthly installments out of the funds of Henry County. and inserting in its place a new Section 5 to read as follows: Section 5. The chairman of the board shall receive an annual salary in an amount equal to 23 percent of the annual salary now or
Page 3959
hereafter provided by general law for the sheriff of Henry County. The vice-chairman of the board shall receive an annual salary in an amount equal to 20.5 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. The other members of the board shall receive an annual salary in an amount equal to 18 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. Said salary shall be payable in equal monthly installments out of the general funds of Henry County. The chairman and each other member of the board shall also receive an expense allowance for in-county travel, of $2,400.00 per annum, payable in equal monthly installments out of the funds of Henry County. Section 2 . This Act shall become effective July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to provide for the compensation of the Sheriff, Clerk of Superior Court, Probate Judge, Tax Commissioner, and County Commissioners of Henry County; and for other purposes. This 13 day of January, 1983. Philip T. Keen Attorney for Henry County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the
Page 3960
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 19, 26, and February 2, 1983. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. WORTH COUNTYSMALL CLAIMS COURTJURISDICTIONAL AMOUNT, ETC. No. 139 (House Bill No. 452). AN ACT To amend an Act creating the Small Claims Court of Worth County, approved April 6, 1981 (Ga. L. 1981, p. 3886), so as to change the jurisdictional amount of the court; to provide that the judge shall serve at the pleasure of the grand jury; to change the amount of certain fees and costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Page 3961
Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Small Claims Court of Worth County, approved April 6, 1981 (Ga. L. 1981, p. 3886), is amended by striking from Section 1 the figure: $750.00, and inserting in its place the figure: $1,500.00, so that when so amended Section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court 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 $1,500.00, 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 . Said Act is further amended by striking Section 2 which reads as follows: 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., and inserting in its place a new Section 2 to read as follows: Section 2. The grand jury of Worth County shall appoint a citizen of Worth County to serve as judge of the court. The judge shall serve at the pleasure of the grand jury; and future judges shall also be selected by and serve at the pleasure of the grand jury. Section 3 . Said Act is further amended by striking Section 5 which reads as follows:
Page 3962
Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration., and inserting in its place a new Section 5 to read as follows: Section 5. (a) The salary of the judge shall be fixed as provided by general law. (b) All fees, costs, and other moneys collected by the court shall be accounted for and paid to the county treasury not less often than once a month and shall become county funds. Section 4 . Said Act is further amended by striking from Section 8 the following amounts: five dollars ($5.00), and $7.50, and inserting in their respective places the amounts: $15.00, and $10.00, so that when so amended Section 8 shall read as follows: Section 8. 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 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.
Page 3963
Section 5 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend House Bill Number 757 of the 1981 session of the General Assembly, concerning the creation of the Small Claims Court of Worth County, Georgia; to increase the jurisdiction of said court; to amend the term of the Judge of said court; to amend the filing fees and costs of said court; to provide for other matters relative thereto; and for other purposes. This 5th day of January, 1983. Earleen Sizemore Representative, District 136 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 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, 1983. /s/ Earleen Sizemore Representative, 136th District
Page 3964
Sworn to and subscribed before me, this 2nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. JEFFERSON COUNTYOFFICE OF TREASURER ABOLISHED, ETC. No. 141 (House Bill No. 312). AN ACT To abolish the office of treasurer of Jefferson County; to provide for the designation of a person or depository to perform the duties of treasurer; to create the office of treasurer emeritus of Jefferson County and provide for the qualifications, duties, and retirement contributions and benefits of said office; to provide for related matters; to repeal a specific Act; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The office of treasurer of Jefferson County is abolished. The governing authority of the county shall be authorized to designate a person or one or more depositories or both to perform the duties of the treasurer and to receive all funds previously received by the treasurer and disburse the same as provided by law for the disbursement of funds by county treasurers.
Page 3965
Section 2 . (a) There is created the office of treasurer emeritus of Jefferson County. Any treasurer of Jefferson County who has served in such office for 20 years or more and who has on and after July 1, 1983, made the employee contributions required by Section 3 of this Act shall upon ceasing to hold that office become eligible as a matter of right to assume the office of treasurer emeritus of Jefferson County. Any person eligible to assume the office of treasurer emeritus shall exercise this right by giving written notice to the governing authority of the county that he will assume the office on the first day of the month following the month in which notice is given. A treasurer emeritus shall serve until he resigns the office in writing to the governing authority. (b) A treasurer emeritus shall as a condition of receiving the retirement benefit granted by subsection (c) of this section make himself available to advise and consult with the county governing authority concerning the fiscal affairs of the county. (c) A treasurer emeritus shall receive an annual retirement benefit of $1,200.00, payable in equal monthly installments from county funds. Section 3 . As a condition of the treasurer becoming eligible to the office of treasurer emeritus, there shall be withheld from the compensation of the treasurer of Jefferson County on and after July 1, 1983, an employee contribution of $5.00 per month. The amount so withheld shall be held in the general fund of the county. Section 4 . An Act creating the office of treasurer of Jefferson County, approved August 19, 1927 (Ga. L. 1927, p. 616), as amended, is repealed in its entirety. Section 5 . There shall be no election for treasurer of Jefferson County after the effective date of this section. Section 6 . (a) Sections 3 and 5 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval. (b) Except as provided in subsection (a) of this section this Act shall become effective on January 1, 1985, unless there occurs a vacancy in the office of treasurer of Jefferson County prior to January 1, 1985, in which event this Act shall become effective on the date of the vacancy.
Page 3966
Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to abolish the office of Treasurer of Jefferson County, to designate a person to serve as Treasurer Emeritus, to set compensation for such designee and for other purposes. This 7th day of December, 1982. E. E. Bargeron Representative, 108th 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 is Representative from the 108th 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 16, 23, 30, 1982. /s/ Emory E. Bargeron Representative, 108th District
Page 3967
Sworn to and subscribed before me, this 19th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY EMPLOYEES' PENSION PLANAMENDED. No. 142 (House Bill No. 301). AN ACT To amend an Act entitled Macon-Water Commissioners Pension Plan approved December 30, 1953 (Ga. L. 1953, November-December Session, p. 2831, Et. Seq.), as amended, by an Act entitled Board of Water Commissioners Retirement System Amended (Ga. L. 1964, p. 2695, Et. Seq.), as amended by an Act entitled Board of Water Commissioners Retirement System Amended (Ga. L. 1970, p. 2324, Et. Seq.), as amended by an ordinance of the City of Macon, Georgia entitled City of Macon-Charter Amended-Water Commissioners Pension Plan Amended, approved May 22, 1973, passed and approved pursuant to the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, Et. Seq.), as amended by an Act entitled Macon-Bibb County Water and Sewerage Act Amended (Ga. L. 1981, p. 3465, Et. Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority Employees Pension Plan-Amended, approved April 12, 1982 (Ga. L. 1982, p. 4157, Et. Seq.); to repeal subsection (a) of Section 2, entitled Definitions of said pension plan so as to redefine the definition of the word Board and
Page 3968
the phrases Board of Water Commissioners and The Board of Water Commissioners of the City of Macon and to define the meaning of the word Authority and the phrase Macon-Bibb County Water Sewerage Authority; to provide that the Chief Judge of the Macon Judicial Circuit, rather than the Mayor of the City of Macon, shall cast the deciding vote in case of an equal division of opinion in the Pension Board; to provide for effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Subparagraph (a) of Section 2 of an Act entitled Macon-Water Commissioners Pension Plan approved December 30, 1953 (Ga. L. 1953-November-December Session, Page 2831, et seq.) which provides: (a). `Board,' `Board of Water Commissioners' and `The Board of Water Commissioners of the City of Macon' shall mean the instrumentality of the City of Macon heretofore created by the Georgia Legislature (Ga. L. 1914, page 1014), its successors and assigns, be and the same is hereby repealed and the following Section (a) is enacted in lieu and instead thereof: (a) `Authority' and `Macon-Bibb County Water Sewerage Authority' shall mean the legal entity created by the Georgia Legislature (Ga. L. 1966, page 2737 and Ga. L. 1973, p. 2603), as Amended. 'Board' `Board of Water Commissioners' and `Board of Water Commissioners of the City of Macon' as to matters, circumstances and conditions existing prior to May 7, 1974 shall mean the instrumentality of the City of Macon created by the Georgia Legislature (Ga. L. 1914, p. 1014) and as to matters, circumstances and conditions existing on and after May 7, 1974, shall mean the Authority, its successors and assigns. Section 2 . So much of Section 7 of said Pension Plan as provides: in the event of equal division of opinion in the Pension Board to whom the appeal is addressed, the Mayor of the City of Macon shall be consulted and shall cast the deciding vote be and the same is hereby repealed and the following is enacted in lieu thereof: In the event of equal division of opinion in the Pension Board to whom the appeal is addressed, the Chief Judge of the Macon Judicial
Page 3969
Circuit, or his designee shall be consulted and shall cast the deciding vote. 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 repealed. Notice of Intention to Enact Local Legislation. Pursuant to the provisions of Article 3, Section 7, paragraph 15 of the constitution of the State of Georgia, notice is hereby given that application will be made to the 1983 session of the General Assembly of the State of Georgia to amend an Act entitled Macon-Water Commissioners Pension Plan approved December 30, 1953 (Georgia Laws 1953, November-December session, page 2831 et seq.) as amended by other Acts of the legislature of the State of Georgia including an Act entitled Macon-Bibb County Water and Sewerage Act Amended (Georgia Laws 1981, page 3464 et seq.) which changed the name of the Pension Plan to Macon-Bibb County Water and Sewerage Authority Employees Pension Plan, so as to clarify the definition and meaning of the word Board and the phrase Board of Water Commissioners and the additional phrase The Board of Water Commissioners of the City of Macon as the same is used in said Pension Plan Act to establish that said word and phrases as to matters, circumstances and conditions existing prior to May 7, 1974 shall mean the instrumentality of the City of Macon created by an Act of the Legislature, Georgia Laws 1914, page 1014 et seq. and as to matters, circumstances and conditions existing on and after May 7, 1974, such words and phrases shall mean the Macon-Bibb County Water and Sewerage Authority; and further to provide and establish that the word Authority as used in said Pension Act shall mean the legal entity created by the Georgia Legislature, Georgia Laws 1966, page 2737 and Georgia Laws 1973, page 2603 as amended; to provide that a Judge of the Superior Court of the Macon Circuit shall cast the deciding ballot, instead of the Mayor of the City of Macon, as said Pension Act now provides, in the event of a tie vote between the Authority members and the employee members of the Pension Board of said Pension Act; to provide for other matters relative to all of the foregoing; and to provide for an effective date; to repeal conflicting laws, and for other purposes.
Page 3970
This 13th day of December, 1982. /s/ Wallace Miller, Jr. Attorney for Macon-Bibb County Water Sewerage Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr. who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: December 23, 30, 1982 and January 6, 1983. /s/ Denmark Groover, Jr. Representative, 99th District Sworn to and subscribed before me, this 20th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3971
HEARD COUNTY PROBATE JUDGECOMPENSATION. No. 143 (House Bill No. 264). AN ACT To amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of a fee system of compensation, approved March 29, 1973 (Ga. L. 1973, p. 2452), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3174), 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 a fee system of compensation, approved March 29, 1973 (Ga. L. 1973, p. 2452), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3174), is amended by striking Section 2 which reads 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., 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 $17,850.00 and, in addition thereto, shall receive $100.00 per month for holding and conducting Electons and $150.00 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.
Page 3972
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to change the compensation of the Judge of the Probate Court of Heard County, Georgia; to provide for other matters relative thereto; and for other purposes. This 14th day of December, 1982. /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 December 22, 1982, December 29, 1982 and January 5, 1983, to-wit: being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen
Page 3973
Sworn to and subscribed before me, this 10th day of January, 1983. /s/ Mildred C. Chambers Notary Public, Georgia State at Large. My Commission Expires 11-5-84. (Seal). Approved March 14, 1983. HEARD COUNTY TAX COMMISSIONERCOMPENSATION. No. 144 (House Bill No. 263). 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. L. 1929, p. 638), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3177), 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. L. 1929, p. 638), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3177), is amended by striking subsection (a) of Section 10 in its entirety and inserting in lieu thereof a new subsection (a) of Section 10 to read as follows:
Page 3974
(a) The tax commissioner shall receive an annual salary of $19,200.00, 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. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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. This 14th day of December, 1982. /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 December 22, 1982,
Page 3975
December 29, 1982 and January 5, 1983, to-wit: being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen Sworn to and subscribed before me, this 10th day of January, 1983. /s/ Mildred C. Chambers Notary Public, Georgia State at Large. My Commission Expires 11-5-84. (Seal). Approved March 14, 1983. HEARD COUNTY SHERIFFCOMPENSATION. No. 145 (House Bill No. 262). 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. L. 1965, p. 2020), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3181), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended, particularly by
Page 3976
an Act approved March 24, 1981 (Ga. L. 1981, p. 3181), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to 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 $22,100.00 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, moneys, 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, moneys, 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to change the
Page 3977
compensation of the Sheriff of Heard County, Georgia; to provide for other matters relative thereto; and for other purposes. This 14th day of December, 1982. /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 December 22, 1982, December 29, 1982 and January 5, 1983, to-wit: being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen Sworn to and subscribed before me, this the 10th day of January, 1983. /s/ Mildred C. Chambers Notary Public, Georgia State at Large My Commission Expires 11-5-84. (Seal). Approved March 14, 1983.
Page 3978
HEARD COUNTY CLERK OF SUPERIOR COURTCOMPENSATION. No. 146 (House Bill No. 261). 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. L. 1973, p. 2449), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3179), 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. L. 1973, p. 2449), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3179), is 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 $19,400.00, 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to change the
Page 3979
compensation of the Clerk of the Superior Court of Heard County, Georgia; to provide for other matters relative thereto; and for other purposes. This 14th day of December, 1982. /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 December 22, 1982, December 29, 1982 and January 5, 1983, to-wit: being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen Sworn to and subscribed before me, this 10th day of January, 1983. /s/ Mildred C. Chambers Notary Public, Georgia State at Large. My Commission Expires 11-5-84. (Seal). Approved March 14, 1983.
Page 3980
HEARD COUNTY COMMISSIONERSCOMPENSATION. No. 147 (House Bill No. 260). AN ACT To amend an Act to create the office of commissioner of Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3244) and an Act approved March 24, 1981 (Ga. L. 1981, p. 3184), 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. L. 1975, p. 4433), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3244) and an Act approved March 24, 1981 (Ga. L. 1981, p. 3184), is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. The commissioner 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 $25,000.00 per year, such sum to be paid in equal monthly installments from the funds of Heard County. A vehicle belonging to the county shall be furnished to the commissioner, such vehicle to be used for county governmental purposes only, and the cost of gas, oil, repairs, and maintenance shall be paid from the funds of Heard County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 3981
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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. This 14th day of December, 1982. /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 December 22, 1982, December 29, 1982 and January 5, 1983, to-wit: being three publications of said notice issued on the dates aforesaid, respectively. /s/ B. T. McCutchen Sworn to and subscribed before me, this 10th day of January, 1983. /s/ Mildred C. Chambers Notary Public, State of Georgia. My Commission Expires 11-5-84. (Seal). Approved March 14, 1983.
Page 3982
DEKALB COUNTYSTATE-WIDE PROBATION SYSTEMAPPROVAL OF COUNTY BECOMING A PART OF SAME. No. 148 (House Bill No. 220). AN ACT Expressing approval of the DeKalb County probation system becoming a part of the state-wide probation system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Act approved April 16, 1982 (Ga. L. 1982, p. 1605) enacted Code Section 42-8-43.1 of the Official Code of Georgia Annotated, which provides that certain county probation systems shall become a part of the state-wide probation system at the beginning of the 1984-85 fiscal year and for certain financial support by the state for such county probation systems for the 1982-83 and 1983-84 fiscal years. Section 2 of said Act approved April 16, 1982 (Ga. L. 1982, p. 1605) requires that a local Act or general law of local application must be enacted and effective by April 1, 1983, expressing approval of a county probation system becoming a part of the state-wide probation system as a condition of the effectiveness of said Code Section 42-8-43.1. This Act is for the specific purpose of expressing that approval by DeKalb County, and it is specifically declared that DeKalb County approves its county probation system becoming a part of the state-wide probation system in accordance with the terms of Code Section 42-8-43.1 of the Official Code of Georgia Annotated. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 3983
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to express approval of the DeKalb County probation system becoming a part of the state-wide probation system; and for other purposes. This 17th day of December, 1982. Eleanor L. Richardson Representative, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor Richardson, who, on oath, deposes and says that he is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 23, 30, 1982 and January 6, 1983. /s/ Eleanor Richardson Representative, 52nd District Sworn to and subscribed before me, this 10th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 3984
WILCOX COUNTYSMALL CLAIMS COURT ESTABLISHED. No. 149 (House Bill No. 215). AN ACT To create and establish a Small Claims Court of Wilcox 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 repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is created and established a Small Claims Court of Wilcox 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 specifically granted in this Act, all the powers granted to justices of the peace by the laws of the State of Georgia.
Page 3985
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 Wilcox 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 Wilcox 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 prescribed in this Act 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 authorized in this Act. Section 5 . The judge of the small claims court shall receive an annual salary in an amount to be determined by the governing authority of Wilcox County, said salary to be paid in equal monthly installments from county funds. All fees collected by the judge pursuant to this Act shall be paid into the county treasury unless otherwise provided by this Act. 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 provided in this Act, 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 prescribed in this Act, shall be served on
Page 3986
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 action 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 provided in this Act, 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 $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
Page 3987
the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9 . (a) The trial shall be conducted on the day set for the hearing or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the action may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10 . If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11 . When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Page 3988
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 Wilcox 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 ensure 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 15-17-8 of the O.C.G.A. and give the bond prescribed in Code Section 15-17-9 of the O.C.G.A. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this state. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Section 15 . A judgment of said small claims court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the state. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county. Section 16 . Appeals may be had from judgments returned in the small claims court to the superior court and the same provisions now provided for by general law for appeals to the superior court, contained
Page 3989
in Chapter 3 of Title 5 of the O.C.G.A., 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 3990
Page 3991
Section 18 . The judge of the Small Claims Court of Wilcox County shall be appointed by the grand jury of Wilcox County, and any person appointed shall serve at the pleasure of the grand jury. Section 19 . All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the governing authority of the county. They shall also provide a suitable room in the courthouse for the holding of said court. Section 20 . Said small claims court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 18-4-90 of the O.C.G.A.; 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
Page 3992
bailiff, or by the judge of the small claims court. Whenever service is made in person by a court officer, as provided in this section, 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 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that a Resolution was passed at the December meeting of the Wilcox County Board of Commissioners to request the local State Representative to introduce legislation to establish a Small Claims Court in Wilcox County with the full-time Justice of Peace appointed by the Grand Jury designated as the magistrate of the Court and having a jurisdiction of $2,000 with all other powers designated to Small Claims Courts in accordance with the laws of the State of Georgia. Said bill will be introduced in the 1983 session of the Georgia Legislature. M. D. Brown, Chairman Wilcox County Board of Commissioners
Page 3993
Affidavit of Publisher. Georgia, Crisp County. I hereby verify that the Wilcox County Chronicle-Cordele Dispatch is the official newspaper serving Wilcox County for publication of all legal matters requiring publication, and that a Notice of Intent to Introduce Legislation to Establish a Small Claims Court for Wilcox County has been published in the Wilcox County Chronicle portion of this newspaper once a week for three weeks, the dates of publication being as follows: December 23, 30, 1982 and January 6, 1983. /s/ Jack C. Mathews Publisher Sworn to and subscribed before me, this 7th day of January, 1983. /s/ Kay B. Langford Notary Public, State of Georgia. My Commission expires April 8, 1986. (Seal). Approved March 14, 1983.
Page 3994
SEMINOLE COUNTY BOARD OF EDUCATIONELECTION OF MEMBERS, ETC.REFERENDUM. No. 150 (House Bill No. 197). AN ACT To provide for the election of members of the board of education of Seminole County; to provide for education districts; to provide for the manner of electing members of the board; to provide for filling vacancies on the board; to provide for certain qualifications; to provide procedures for the board; to provide for the chairman and other officers of the board; to provide for compensation of the board; to provide for termination of the existing board; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for submission of this Act for approval; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) The board of education of Seminole County shall consist of five members to be elected as provided in this Act. For the purpose of electing such members, Seminole County shall be divided into five education districts as follows: DISTRICT NO. 1 Beginning at a point on the Western Boundary of Seminole County where County Road 219 intersects with Lake Seminole at a point known as Desser Landing; then traveling Easterly along the center of County Road 219 until it intersects with Georgia Highway 39; then travels Northerly along the center of Georgia Highway 39 until it intersects with County Road 25; then travels Easterly along the center of County Road 25 until it intersects with Fish Pond Drain; then travels Northwesterly along the center of Fish Pond Drain until it intersects with Georgia Highway 39; then travels Northerly along the center of Georgia Highway 39 until it intersects with the Southern boundary of the City of Donalsonville; then travels Westerly along the Southern boundary of the City of Donalsonville until it corners North; then travels Northerly along the Western boundary of the City of Donalsonville until it intersects with Seaboard Coastline Railroad;
Page 3995
then travels Northwesterly along the center of Seaboard Coastline Railroad until it intersects with the Northern boundary of Seminole County; then travels Westerly along the Northern boundary of Seminole County until it corners South; then travels Southerly along the Western boundary of Seminole County until it intersects with County Road 219 at a point called Desser Landing; and the point of the beginning of District 1. DISTRICT NO. 2 Beginning at a point where Highway 91 intersects with the Northern boundary of Seminole County; then travels Southerly along the center of Highway 91, (Tennille Avenue), until it intersects with East Third Street; then travels Easterly along the center of East Third Street until it intersects with Stern Avenue; then travels Southerly along the center of Stern Avenue until Stern Avenue ends; then continuing in the same Southerly direction as Stern Avenue, along an imaginary line to a point as such imaginary line intersects with the Southern boundary of Donalsonville; then travels Westerly along the Southern boundary of Donalsonville until it corners North; then travels Northerly along the Western boundary of the City of Donalsonville until it intersects with Seaboard Coastline Railroad; then travels in a Northwesterly direction along the center of Seaboard Coastline Railroad until it intersects with the Northern boundary of Seminole County; then travels Easterly along the Northern boundary of Seminole County until it intersects with Georgia Highway 91; at a point of beginning of District 2. DISTRICT NO. 3 Beginning at a point where Georgia Highway 91 (Tennille Avenue) intersects with the Northern boundary of the City of Donalsonville; then travels Southerly along the center of Georgia 91 (Tennille Avenue) until it intersects with East Third Street; then travels Easterly along the center of East Third Street until it intersects with Stern Avenue; then travels Southerly along the center of Stern Avenue until Stern Avenue ends; then continuing in the same Southerly direction as Stern Avenue, along an imaginary line to a point as such imaginary line intersects with the Southern boundary of Donalsonville; then travels East along the Southern boundary of the City of Donalsonville until it corners North; then travels Northerly along the Eastern boundary of the City of Donalsonville until it corners West; then travels Westerly along the Northern boundary of
Page 3996
the City of Donalsonville until it intersects with Georgia Highway 91 (Tennille Avenue) at the point of beginning of District 3. DISTRICT NO. 4 Beginning at a point where Georgia Highway 91 intersects with the Northern boundary of Seminole County; then travels Southerly along the center of Georgia Highway 91 until it intersects with the Northern boundary of the City of Donalsonville; then travels Easterly along the Northern boundary of the City of Donalsonville until it corners South; then travels Southerly along the Eastern boundary of the City of Donalsonville until it corners West; then travels Westerly along the Southern boundary of the City of Donalsonville until it intersects with Georgia Highway 39; then travels Southerly along the center of Georgia Highway 39 until it intersects with Fish Pond Drain; then travels Southeasterly along the center of Fish Pond Drain until it intersects with County Road 25; then travels Easterly along the center of County Road 25 until it corners North; then continuing in the same Easterly direction along an imaginary line to a point where County Road 12 and County Road 197 intersects; then travels Easterly along the center of County Road 197 until it intersects with the Eastern boundary of Seminole County; then travels Northerly along the Eastern boundary of Seminole County until it corners West; then travels Westerly along the Northern boundary of Seminole County until it intersects with Georgia Highway 91; at the point of the beginning of District 4. DISTRICT NO. 5 Beginning at a point on the Western boundary of Seminole County where County Road 219 intersects with Lake Seminole at a point known as Desser Landing; then travels Easterly along the center of County Road 219 until it intersects with Georgia Highway 39; then travels Northerly along the center of Georgia Highway 39 until it intersects with County Road 25; then travels Easterly along the center of County Road 25 until it corners North; then continuing in the same Easterly direction along an imaginary line to a point where County Road 12 and County Road 197 intersects; then travels Easterly along the center of County Road 197 until it intersects with the Eastern boundary of Seminole County; then travels Southerly along the Eastern boundary of Seminole County until it joins with the Gadsden County Florida line at a point called the Jim Woodruff Reservoir where the Apalachicola River begins; then travels Northerly
Page 3997
along the Western boundary of Seminole County until it joins the point of beginning of District 5. (b) (1) There shall be one member of the board elected from each of said districts. Candidates shall be elected by a majority vote of the qualified voters voting within their respective education districts. If a member of the board shall move his residence from the respective education district which he represents, his position on the board shall become vacant, and such vacancy shall be filled as provided in this Act. (2) In the event a vacancy in the membership of the board occurs for any reason other than the expiration of a term of office and the unexpired term is six months or less, the remaining members of the board shall appoint a successor to serve for the unexpired term. If the unexpired term is more than six months, such vacancy shall be filled by a special election to elect a qualified person to serve for the unexpired term. Special elections shall be called and held in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A. Section 2 . No person shall be eligible as a candidate for election to said board of education unless such person shall have been a bona fide resident of the education district for which such person is offering for at least four years immediately preceding the date of election. No person shall be eligible to represent an education district unless he is at least 25 years of age and has a high school education or its equivalent. Section 3 . (a) The initial members elected under this Act shall be elected at a special election which shall be held on the first Tuesday in November of 1983. The special election shall be conducted according to the provisions of the general election laws of the state. (b) The candidates elected from districts one, three, and five shall take office on January 1, 1984, and shall serve for an initial term of office of three years and until their successors are elected and qualified. The candidates elected from districts two and four shall take office on January 1, 1984, and shall serve for an initial term of office of five years and until their successors are elected and qualified. Thereafter, successors who are elected to succeed the initial members of the board shall be elected at the general election which is conducted
Page 3998
in that year in which the respective terms of office shall expire. Persons so elected shall take office on the first day of January following their election and shall serve for a term of four years and until their successors are elected and qualified. All nomination and elections shall be conducted in accordance with the general election laws of this state. Section 4 . At the first meeting of the board, which shall be conducted in January of each year, the board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the board shall constitute a quorum for the transaction of any business which may come before the board. All members of the board including the chairman shall be compensated in the amount of $100.00 per month plus the necessary expenses incurred in carrying out their official duties. Section 5 . The board of education of Seminole County existing on the effective date of this Act shall continue in existence until December 31, 1983. At that time the terms of such members shall expire and that board shall stand abolished. The board created by this Act shall be the successor to such abolished board and shall be subject to all laws relative to county boards of education except those laws in conflict with this Act. Section 6 . After the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of Seminole County to issue the call for an election for the purpose of submitting this Act to the electors of Seminole County for approval or rejection. The election superintendent shall set the date of such election for the first Tuesday in August, 1983. The election superintendent shall issue the call for such election at least 30 days prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Seminole County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of the board of education of Seminole County and providing for other matters relative thereto be approved?
Page 3999
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 Seminole County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 7 . The board of education of Seminole County shall authorize and direct the attorney for the board to submit this Act for approval under the applicable provisions of the federal Voting Rights Act of 1965. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly a bill providing for the election of members of the board of education of Seminole County; and for other purposes. This the 28th day of December, 1982. /s/ Jack Brannon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that
Page 4000
the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donaldsonville News which is the official organ of Seminole County, on the following dates: December 30, 1982, January 6, 13, 1983. /s/ Walter Cox Representative, 141st District Sworn to and subscribed before me, this 17th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. SUMTER COUNTY TAX COMMISSIONERCOMPENSATION. No. 152 (House Bill No. 192). 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 of Sumter County, approved August 18, 1925 (Ga. L. 1925, p. 744), as amended, particularly by an Act approved March 25, 1982 (Ga. L. 1982, p. 3414), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes.
Page 4001
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 of Sumter County, approved August 18, 1925 (Ga. L. 1925, p. 744), as amended, particularly by an Act approved March 25, 1982 (Ga. L. 1982, p. 3414), is amended by striking subsection (a) of Section 10 of said Act in its entirety and inserting in lieu thereof a new subsection (a) of Section 10 to read as follows: (a) The annual salary of the Tax Commissioner of Sumter County shall be $24,400.00 per annum. The salary shall be payable in equal monthly installments out of the general funds of Sumter County. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Pursuant to the adoption of the official budget of Sumter County by the Board of Commissioners of Sumter County, notice is hereby given that there will be introduced at the regular 1983 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. 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 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 24, 31, 1982 and January 7, 1983.
Page 4002
/s/ George Hooks Representative, 116th District Sworn to and subscribed before me, this 14th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. SUMTER COUNTY SHERIFFCOMPENSATION. No. 153 (House Bill No. 191). 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. L. 1965, p. 2748), as amended, particularly by an Act approved March 25, 1982 (Ga. L. 1982, p. 3612), so as to change the salary of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, approved March 25, 1965 (Ga. L. 1965, p. 2748), as amended, particularly by an Act approved March 25, 1982 (Ga. L. 1981, p. 3612), is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
Page 4003
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 $26,200.00, 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 repealed. Notice of Intention to Introduce Local Legislation. Pursuant to the adoption of the official budget of Sumter County by the Board of Commissioners of Sumter County notice is hereby given that there will be introduced at the regular 1983 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. 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 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 24, 31, 1982 and January 7, 1983. /s/ George Hooks Representative, 116th District
Page 4004
Sworn to and subscribed before me, this 14th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. TOWN OF PINEVIEWAUTHORITY TO IMPOSE AD VALOREM TAX, ETC. No. 154 (House Bill No. 190). AN ACT To amend an Act incorporating the Town of Pineview, approved December 10, 1902 (Ga. L. 1902, p. 551), as amended, so as to change the provisions relating to ad valorem taxation and limitations thereof; to change the provisions relating to fines; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the Town of Pineview, approved December 10, 1902 (Ga. L. 1902, p. 551), as amended, is amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall have power to levy a tax, not to exceed 5 percent, on all property, real or personal, subject to state tax, within the corporate limits of said town. They shall also have power and authority to require all persons subject to road duty under the laws of
Page 4005
this state to work on the streets, alleys, and sidewalks of said town, but they may receive in lieu of said work such commutation fees as said mayor and aldermen shall prescribe. Section 2 . Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall have the power and authority to provide for the arrest, trial, and punishment of offenders against ordinances, bylaws, rules, or regulations of said town by fine or imprisonment or work on streets of said town, provided they shall not exceed $1,000.00 and such imprisonment not to exceed 30 days. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Public Notice. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, an act to amend Section 9 of the Charter of the Town of Pineview so as to increase the power to levy tax from one-half of one per cent to five per cent, that is from one-half mill to five mills, and to amend Section 12 of said Charter to allow fines imposed under the Charter to be raised from One Hundred Dollars to One Thousand Dollars (Ga. Laws 1902, page 551, as amended). Marvin Talley Mayor, Town of Pineview Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that
Page 4006
the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Daily Dispatch which is the official organ of Wilcox County, on the following dates: December 16, 23, 30, 1982. /s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 13th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. HANCOCK COUNTY MAGISTRATE COURTCONSTITUTIONAL REQUIREMENTS IMPLEMENTED. No. 155 (Senate Bill No. 276). AN ACT To provide for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County; to provide for the election of successors to said initial chief magistrate; to provide for the selection of other magistrates; to provide for terms of office; to provide for the appointment of other court personnel; to provide for constables; to provide for filling vacancies; to provide for the compensation of the chief magistrate and other magistrates and of other court
Page 4007
personnel; to excuse the chief magistrate from certain jury duty; to provide for reimbursing the chief magistrate and other magistrates for their reasonable costs and expenses of training; to provide for severability; to provide for the collection of additional costs in the magistrate court for the county law library; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia and authorized by general law. Section 2 . (a) The initial chief magistrate of the Magistrate Court of Hancock County shall be appointed by the chief judge of the Superior Court of Hancock County with the concurrence of the governing authority of Hancock County. Such initial chief magistrate shall serve for a term of office which begins on July 1, 1983, and expires on December 31, 1984. (b) At the general election in 1984 and at the general election held every four years thereafter, a successor shall be elected for a term of office of four years, such term to begin on the first day of January immediately following any such election. (c) Any other magistrate taking office in Hancock County on July 1, 1983, shall continue in office for a term which shall expire on the date of expiration of the term which he was serving in such other capacity. Such other magistrates shall thereafter be appointed by the governing authority of Hancock County for terms which expire on the date that the term of office of the chief magistrate expires. The governing authority shall not appoint more than three magistrates for said magistrate court. (d) The chief magistrate shall appoint the clerk and other court personnel of the magistrate court; provided, however, that the number of such court personnel shall be approved by the governing authority of Hancock County. (e) The officers of the Hancock County Police Department shall serve as constables for the Magistrate Court of Hancock County.
Page 4008
(f) The chief magistrate appointed to the Magistrate Court of Hancock County shall be exempt from jury duty in the superior court or any other court existing or which may be created or established in Hancock County. Section 3 . (a) A vacancy in the office of chief magistrate of the Magistrate Court of Hancock County shall be filled by appointment by the governing authority of Hancock County until the next general election, at which time a person shall be elected to fill the remainder of the unexpired term. (b) A vacancy in the office of any other magistrate shall be filled by appointment by the governing authority of Hancock County for the remainder of the unexpired term. Section 4 . (a) The chief magistrate shall be placed on an annual salary of not less than $12,000.00, the exact amount to be determined by the governing authority of Hancock County. Such salary shall be paid from the funds of Hancock County. (b) The governing authority of Hancock County shall fix the salaries of the other magistrates and the compensation of the clerk of the court and other court personnel. Such salaries or other compensation shall not be less than the minimum wage, and such court officers and personnel shall be entitled to other benefits provided for county employees. Section 5 . The costs and expenses of training required by Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief magistrate and other magistrates of Hancock County, but such officers shall be reimbursed by the governing authority of Hancock County for such reasonable costs and expenses. Section 6 . The collection of additional costs in cases before the magistrate court shall be made for the benefit of a law library. Such additional costs shall be in the amount of $2.00 and shall be collected and used as provided in Code Section 36-15-9 of the O.C.G.A. 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,
Page 4009
sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8 . This Act shall become effective July 1, 1983. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to provide for the selection of the magistrate or magistrates who will preside over the magistrate court in Hancock County; and for other purposes. This 25th day of January, 1983. /s/ Culver Kidd Senator, 25th District Affidavit. Georgia, Hancock County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Sparta Ishmaelite, legal organ for Hancock County, the following dates, to-wit: January 27, February 3, February 10. Sworn to on the 11th day of February, 1983.
Page 4010
/s/ Alva L. Haywood Publisher Sworn to and subscribed before me, this 11 day of February, 1983. /s/ Tommy Bryer Notary Public. My Commission Expires February 18, 1986. Approved March 14, 1983. COBB COUNTY SCHOOL DISTRICTEDUCATION DISTRICT BOUNDARIES CHANGED. No. 156 (Senate Bill No. 279). 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. L. 1974, p. 3516), as amended, so as to change the boundaries of the seven education districts; to provide for applicability; to provide 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 boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, is amended by striking in its entirety subsection (a) of Section 2 and inserting in lieu thereof a new subsection (a) to read as follows:
Page 4011
(a) For the purpose of electing members of the Board of Education of Cobb County, the Cobb County School District is hereby divided into seven education districts as follows: Education District No. 1 shall be composed of all that land lying and being in the central part of Cobb County, located in that area more particularly described as follows: BEGINNING at a point where the center line of South Cobb Drive intersects the center line of Camp Highland Road; thence running northeasterly along the center line of Camp Highland Road and following the curvature thereof to a point where the center line of Camp Highland Road intersects the center line of Cooper Lake Road; thence running northeasterly along the center line of Cooper Lake Road to a point where the center line of Cooper Lake Road intersects the center line of Weaver Street; thence running northerly and thence easterly along the center line of Weaver Street to a point where the center line of Weaver Street intersects the center line of Atlanta Road; thence running northerly along the center line of Atlanta Road to a point where the center line of Atlanta Road is approximately directly west of a point where the center line of Gilmore Road dead ends at East Dixie Avenue; thence running approximately directly east to a point where the center line of Gilmore Road intersects the center line of East Dixie Avenue; thence running southeasterly along the center line of Gilmore Road to a point where the center line of Gilmore Road merges with the center line of Orchard Road and thence continuing northerly along the center line of Orchard Road to a point where the center line of Orchard Road merges with the center line of Orchard Knob Road; thence running northwesterly along the center line of Orchard Knob Road to a point where the center line of Orchard Knob Road intersects the center line of Shady Lane Drive; thence running southwesterly along the center line of Shady Lane Drive to a point where the center line of Shady Lane Drive intersects the center line of Pine View Drive; thence running northerly along the center line of Pine View Drive to a point where the center line of Pine View Drive intersects the center line of West Lane Drive; thence running westerly and thence northerly along the center line of West Lane Drive and following the curvature thereof to a point where the center line of West Lane Drive intersects the center line of Spring Hill Road and Paces Ferry Road; thence running westerly along the center line of Spring Hill Road to a point where the center line of Spring Hill
Page 4012
Road intersects the center line of Atlanta Road; thence running northerly along the center line of Atlanta Road to a point where the center line of Atlanta Road intersects the center line of Campbell Road; thence running northeasterly along the center line of Campbell Road to a point where the center line of Campbell Road intersects the center line of Spring Road; thence running easterly along the center line of Spring Road to a point where the center line of Spring Road intersects the center line of Cobb Parkway; thence running southeasterly along the center line of Cobb Parkway to a point where the center line of Cobb Parkway intersects the center line of Interstate Highway 285; thence running northeasterly along the center line of Interstate Highway 285 to a point where the center line of Interstate Highway 285 intersects the center line of Powers Ferry Road; thence running northwesterly along the center line of Powers Ferry Road and following the curvature thereof to a point where the center line of Powers Ferry Road intersects the center line of Terrell Mill Road; thence running southwesterly along the center line of Terrell Mill Road to a point where the center line of Terrell Mill Road intersects the center line of Cobb Parkway; thence running northwesterly along the center line of Cobb Parkway to a point where the center line of Cobb Parkway reaches a point approximately directly east of a point on the eastern boundary of Dobbins Air Force Base where Land Lots 657, 658, 711 and 712 of the 17th District form a common corner; thence running approximately directly west to the point where Land Lots 657, 658, 711 and 712 form the common corner on the eastern boundary of Dobbins Air Force Base; thence running southerly; thence westerly and thence southerly again along the eastern boundary of Dobbins Air Force Base to a point where the boundary of Dobbins Air Force Base turns back in a westerly direction and continuing westerly along the southern boundary of Dobbins Air Force Base to a point at the southwest corner of the boundary of Dobbins Air Force Base; thence running northerly and thence westerly along the western boundary of Dobbins Air Force Base to a point where the western boundary of Dobbins Air Force Base intersects the center line of Main Street; thence running southerly and then westerly along the center line of Main Street and following the curvature thereof to a point where the center line of Main Street intersects the center line of Atlanta Road; thence running southerly along the center line of Atlanta Road to a point where the center line of Atlanta Road intersects the center line of Pat Mell Road; thence running westerly along the center line of Pat Mell Road to a point where
Page 4013
the center line of Pat Mell Road intersects the center line of Old Concord Road; thence running southerly along the center line of Old Concord Road to a point where the center line of Old Concord Road intersects the center line of South Cobb Drive; thence running northerly along the center line of South Cobb Drive to a point where the center line of South Cobb Drive intersects the center line of Benson Pool Road; thence running southwesterly along the center line of Benson Pool Road to a point where the center line of Benson Pool Road intersects the center line of Smyrna-Powder Springs Road; thence running southwesterly along the center line of Smyrna-Powder Springs Road to a point where the center line of Smyrna-Powder Springs Road intersects the center line of Harris Road; thence running southerly along the center line of Harris Road and following the curvature thereof to a point where the center line of Harris Road intersects the center line of Hurt Road; thence running westerly along the center line of Hurt Road and thence southerly along the center line of Hurt Road until the center line of Hurt Road intersects the center line of South Hurt Road; thence running southerly along the center line of South Hurt Road to a point where the center line of South Hurt Road intersects the center line of the railroad tracks of the Seaboard Coast Line Railroad; thence running easterly along the center line of the railroad tracks of the Seaboard Coast Line Railroad to a point where the center line of the railroad tracks of the Seaboard Coast Line Railroad intersects the center line of Cooper Lake Road; thence running easterly along the center line of Cooper Lake Road to a point where the center line of Cooper Lake Road intersects a point over the center of an unnamed stream flowing from Laurel Lake; thence running northerly along the center of the unnamed stream and following the meanderings thereof to a point where the stream enlarges and becomes a part of Laurel Lake; thence continuing northerly across Laurel Lake and the center thereof until Laurel Lake narrows into another unnamed stream which flows therein and following the center line of said unnamed stream and following the meanderings thereof in a northerly direction to a point where the center of the unnamed stream intersects a point under the center line of South Cobb Drive; thence running southeasterly along the center line of South Cobb Drive to a point where the center line of South Cobb Drive intersects the center line of Camp Highland Road and the point of beginning.
Page 4014
Less and excepted from the above description all that portion of land which lies in the Independent School District of Marietta. The Official Map of Cobb County, adopted 1981, prepared by the Cobb County Planning Department, is incorporated herein and made a part of the above description by reference. Education District No. 2 shall be composed of all that land lying and being in the southeastern part of Cobb County, located in that area more particularly described as follows: BEGINNING at a point where the center line of the railroad tracks of the Seaboard Coast Line Railroad intersect the center line of Cooper Lake Road; thence running easterly along the center line of Cooper Lake Road to a point where the center line of Cooper Lake Road intersects a point over the center of an unnamed stream flowing from Laurel Lake; thence running northerly along the center of the unnamed stream and following the meanderings thereof to a point where the stream enlarges into and becomes a part of Laurel Lake; thence continuing northerly across Laurel Lake and the center thereof until Laurel Lake narrows into another unnamed stream which flows therein and following the center line of said unnamed stream and following the meanderings thereof in a northerly direction to a point where the center line of the unnamed stream intersects at a point under the center line of South Cobb Drive; thence running southeasterly along the center line of South Cobb Drive to a point where the center line of South Cobb Drive intersects the center line of Camp Highland Road; thence running northeasterly along the center line of Camp Highland Road and following the curvature thereof to a point where the center line of Camp Highland Road intersects the center line of Cooper Lake Road; thence running northeasterly along the center line of Cooper Lake Road to a point where the center line of Cooper Lake Road intersects the center line of Weaver Street; thence running northerly and thence easterly along the center line of Weaver Street to a point where the center line of Weaver Street intersects the center line of Atlanta Road; thence running northerly along the center line of Atlanta Road to a point where the center line of Atlanta Road is approximately directly west of a point where the center line of Gilmore Road dead ends at East Dixie Avenue; thence running approximately directly east to a point where the center line of Gilmore Road intersects the center line of East Dixie Avenue; thence running southeasterly along the
Page 4015
center line of Gilmore Road to a point where the center line of Gilmore Road merges with the center line of Orchard Road; thence running along the center line of Orchard Road to a point where the center line of Orchard Road merges with the center line of Orchard Knob Road; thence running northwesterly along the center line of Orchard Knob Road to a point where the center line of Orchard Knob Road intersects the center line of Shady Lane Drive; thence running southwesterly along the center line of Shady Lane Drive to a point where the center line of Shady Lane Drive intersects the center line of Pine View Drive; thence running northerly along the center line of Pine View Drive to a point where the center line of Pine View Drive intersects the center line of West Lane Drive; thence running westerly and thence northerly along the center line of West Lane Drive and following the curvature thereof to a point where the center line of West Lane Drive intersects the center line of Spring Hill Road at Paces Ferry Road; thence running westerly along the center line of Spring Hill Road to a point where the center line of Spring Hill Road intersects the center line of Atlanta Road; thence running northerly along the center line of Atlanta Road to a point where the center line of Atlanta Road intersects the center line of Campbell Road; thence running northeasterly along the center line of Campbell Road to a point where the center line of Campbell Road intersects the center line of Spring Road; thence running easterly along the center line of Spring Road to a point where the center line of Spring Road intersects the center line of Cobb Parkway; thence running southerly along the center line of Cobb Parkway to a point where the center line of Cobb Parkway intersects the center line of Interstate Highway 285; thence running northeasterly along the center line of Interstate Highway 285 to a point where the center line of Interstate Highway 285 intersects over the center of the Chattahoochee River; thence running southerly along the center of the Chattahoochee River and following the meanderings thereof to a point where the center of the Chattahoochee River intersects the Cobb-Douglas County Line; thence running northwesterly along the Cobb-Douglas County Line to a point where the Cobb-Douglas County Line intersects the center line of Old Alabama Road; thence running northeasterly along the center line of Old Alabama Road to a point where the center line of Old Alabama Road intersects the center line of Maxham Road; thence running northerly along the center line of Maxham Road to a point where the center line of Maxham Road intersects over the center of Buttermilk Creek; thence running
Page 4016
northerly along the center of Buttermilk Creek and following the meanderings thereof to a point where the center of Buttermilk Creek intersects under the center line of Bankhead Highway; thence running easterly along the center line of Bankhead Highway to a point where the center line of Bankhead Highway intersects the center line of Church Street; thence running northerly along the center line of Church Street to a point where the center line of Church Street intersects the center line of the railroad tracks of the Southern Railroad; thence running northeasterly along the center line of the railroad tracks of the Southern Railroad to a point where the center line of the Southern Railroad tracks intersect the center line of Nickajack Road; thence running northwesterly along the center line of Nickajack Road to a point where the center line of Nickajack Road intersects the center line of Windsor Drive; thence running northerly along the center line of Windsor Drive to a point where the center line of Windsor Drive intersects the center line of Somerset Road; thence running northerly along the center line of Somerset Road to a point where the center line of Somerset Road intersects the center line of Windsor Drive; thence running northerly along the center line of Windsor Drive to a point where the center line of Windsor Drive intersects the center line of Concord Road; thence running northeasterly along the center line of Concord Road to a point where the center line of Concord Road intersects the center line of the railroad tracks of the Seaboard Coast Line Railroad; thence running southeasterly along the railroad tracks of the Seaboard Coast Line Railroad to a point where the center line of the Seaboard Coast Line Railroad tracks intersect the center line of Cooper Lake Road and the point of beginning. Less and excepted from the above description all that portion of land which lies in the Independent School District of Marietta. The Official Map of Cobb County, adopted 1981, prepared by the Cobb County Planning Department, is incorporated herein and made a part of the above description by reference. Education District No. 3 shall be composed of all that land lying and being in the southwestern part of Cobb County, located in that area more particularly described as follows: BEGINNING at a point where the center line of Macland Road intersects the Cobb-Paulding County Line; thence running
Page 4017
easterly along the center line of Macland Road to a point where the center line of Macland Road intersects the center line of Bullard Road; thence running northeasterly along the center line of Bullard Road to a point where the center line of Bullard Road intersects the center line of Villa Rica Road; thence running easterly and then northeasterly along the center line of Villa Rica Road to a point where the center line of Villa Rica Road intersects the center line of Dallas Road; thence running easterly along the center line of Dallas Road to a point where the center line of Dallas Road intersects the center line of John Ward Road; thence running southerly along the center line of John Ward Road to a point where the center line of John Ward Road intersects the center line of Cheatham Hill Road; thence running southeasterly along the center line of Cheatham Hill Road to a point where the center line of Cheatham Hill Road intersects the center line of Powder Springs Road; thence running southwesterly along the center line of Powder Springs Road to a point where the center line of Powder Springs Road intersects the center line of Milford Church Road; thence running southeasterly along the center line of Milford Church Road to a point where the center line of Milford Church Road intersects the center line of Hicks Road; thence running northerly along the center line of Hicks Road to a point where the center line of Hicks Road intersects the center line of Smyrna-Powder Springs Road; thence running easterly along the center line of Smyrna-Powder Springs Road to a point where the center line of Smyrna-Powder Springs Road intersects the center line of Harris Road; thence running southeasterly along the center line of Harris Road to a point where the center line of Harris Road intersects the center line of Hurt Road; thence running westerly along the center line of Hurt Road and then southwesterly along the center line of Hurt Road to a point where the center line of Hurt Road intersects the center line of South Hurt Road; thence continuing along the center line of South Hurt Road southerly to a point where the center line of South Hurt Road intersects the center line of the railroad tracks of the Seaboard Coast Line Railroad; thence running easterly along the center line of the railroad tracks of the Seaboard Coast Line Railroad to a point where the center line of the railroad tracks of the Seaboard Coast Line Railroad intersect the center line of Concord Road; thence running southwesterly along the center line of Concord Road to a point where the center line of Concord Road intersects the center line of Windsor Drive; thence running southerly along the center line of Windsor Drive to a point where the center line of Windsor
Page 4018
Drive intersects the center line of Somerset Road; thence running easterly and then southerly along the center line of Somerset Road to a point where the center line of Somerset Road intersects the center line of Windsor Drive; thence running southerly along the center line of Windsor Drive to a point where the center line of Windsor Drive intersects the center line of Nickajack Road; thence running northeasterly and then southeasterly along the center line of Nickajack Road to a point where the center line of Nickajack Road intersects the center line of the railroad tracks of the Southern Railroad; thence running southwesterly along the center line of the railroad tracks of the Southern Railroad to a point where the center line of the railroad tracks of the Southern Railroad intersect the center line of Church Street; thence running southerly along the center line of Church Street to a point where the center line of Church Street intersects the center line of Bankhead Highway; thence running southwesterly, then westerly and then northwesterly along the center line of Bankhead Highway to a point where the center line of Bankhead Highway intersects over the center of Buttermilk Creek; thence running southerly along the center of Buttermilk Creek and following the meanderings thereof to a point where the center of Buttermilk Creek intersects the center line of Maxham Road; thence running southeasterly along the center line of Maxham Road to a point where the center line of Maxham Road intersects the center line of Old Alabama Road; thence running southwesterly along the center line of Old Alabama Road to a point where the center line of Old Alabama Road intersects the Cobb-Douglas County Line; thence running northwesterly and thence westerly along the Cobb-Douglas County Line to a point where the Cobb-Douglas County Line intersects the Cobb-Paulding County Line; thence running northerly along the Cobb-Paulding County Line to a point where the Cobb-Paulding County Line intersects the center line of Macland Road and the point of beginning. Less and excepted from the above description all that portion of land which lies in the Independent School District of Marietta. The Official Map of Cobb County, adopted 1981, prepared by the Cobb County Planning Department, is incorporated herein and made a part of the above description by reference. Education District No. 4 shall be composed of all that land lying and being in the northwestern part of Cobb County; located in that area more particularly described as follows:
Page 4019
BEGINNING at a point where the center line of Macland Road intersects the Cobb-Paulding County Line; thence running easterly along the center line of Macland Road to a point where the center line of Macland Road intersects the center line of Bullard Road; thence running northeasterly along the center line of Bullard Road to a point where the center line of Bullard Road intersects the center line of Villa Rica Road; thence running easterly and then northeasterly along the center line of Villa Rica Road to a point where the center line of Villa Rica Road intersects the center line of Dallas Road; thence running easterly along the center line of Dallas Road to a point where the center line of Dallas Road merges into Whitlock Avenue and then continuing along the center line of Whitlock Avenue to a point where the center line of Whitlock Avenue merges into the center line of South Park Square; thence running easterly along the center line of South Park Square to a point where the center line of South Park Square intersects the center line of East Park Square; thence running northerly along the center line of East Park Square to a point where the center line of East Park Square merges into the center line of Cherokee Street; thence running northerly along the center line of Cherokee Street to a point where the center line of Cherokee Street intersects the center line of Canton Road; thence running northerly along the center line of Canton Road to a point where the center line of Canton Road intersects the center line of Cobb Parkway; thence running northwesterly along the center line of Cobb Parkway to a point where the center line of Cobb Parkway intersects the center line of Bells Ferry Road; thence running northeasterly and then northerly along the center line of Bells Ferry Road to a point where the center line of Bells Ferry Road intersects the center line of Piedmont Road; thence running easterly and northeasterly along the center line of Piedmont Road to a point where the center line of Piedmont Road intersects the center line of Shaw Road; thence running northerly along the center line of Shaw Road to a point where the center line of Shaw Road intersects the center line of Ebenezer Road; thence running northwesterly along the center line of Ebenezer Road to a point where the center line of Ebenezer Road intersects the center line of Blackwell Road; thence running westerly and southwesterly along the center line of Blackwell Road to a point where the center line of Blackwell Road intersects the center line of Canton Road; thence running northerly along the center line of Canton Road to a point where the center line of Canton Road intersects the Cobb-Cherokee County Line; thence running westerly along the Cobb-Cherokee
Page 4020
County Line to a point where the Cobb-Cherokee County Line intersects the Cobb-Paulding County Line; thence running southerly along the Cobb-Paulding County Line to a point where the Cobb-Paulding County Line intersects the center line of Macland Road and the point of beginning. Less and excepted from the above description all that portion of land which lies in the Independent School District of Marietta. The Official Map of Cobb County, adopted 1981, prepared by the Cobb County Planning Department, is incorporated herein and made a part of the above description by reference. Education District No. 5 shall be composed of all that land lying and being in the northeastern part of Cobb County, located in that area more particularly described as follows: BEGINNING at a point where the center line of Canton Road intersects the center line of Cobb Parkway; thence running northwesterly along the center line of Cobb Parkway to a point where the center line of Cobb Parkway intersects the center line of Bells Ferry Road; thence running northeasterly and thence northerly along the center line of Bells Ferry Road to a point where the center line of Bells Ferry Road intersects the center line of Piedmont Road; thence running easterly and northeasterly along the center line of Piedmont Road to a point where the center line of Piedmont Road intersects the center line of Shaw Road; thence running northerly along the center line of Shaw Road to a point where the center line of Shaw Road intersects the center line of Ebenezer Road; thence running northwesterly along the center line of Ebenezer Road to a point where the center line of Ebenezer Road intersects the center line of Blackwell Road; thence running westerly and southwesterly along the center line of Blackwell Road to a point where the center line of Blackwell Road intersects the center line of Canton Road; thence running northerly along the center line of Canton Road to a point where the center line of Canton Road intersects the Cobb-Cherokee County Line; thence running easterly along the Cobb-Cherokee County Line to a point where the Cobb-Cherokee County Line intersects the Cobb-Fulton County Line; thence running southerly along the Cobb-Fulton County Line to a point where the Cobb-Fulton County Line merges with Willeo Creek and then continuing southerly along Willeo Creek and following the meanderings thereof and the
Page 4021
Cobb-Fulton County Line to a point where Willeo Creek and the Cobb-Fulton County Line intersect the center line of Post Oak Tritt Road; thence running northwesterly and thence westerly along the center line of Post Oak Tritt Road to a point where the center line of Post Oak Tritt Road intersects the center line of Murdock Road; thence running southerly along the center line of Murdock Road to a point where the center line of Murdock Road intersects the center line of Sewell Mill Road; thence running northeasterly along the center line of Sewell Mill Road to a point where the center line of Sewell Mill Road intersects the center of an unnamed creek sometimes called Sewell Mill Creek; thence running southerly along the center of the unnamed creek sometimes called Sewell Mill Creek and following the meanderings thereof to a point where the center of the unnamed creek sometimes called Sewell Mill Creek intersects the center line of Roswell Road; thence running westerly and southwesterly along the center line of Roswell Road to a point where the center line of Roswell Road intersects the center line of Cobb Parkway; thence running northwesterly along the center line of Cobb Parkway to a point where the center line of Cobb Parkway intersects the center line of Canton Road and the point of beginning. Less and excepted from the above description all that portion of land which lies in the Independent School District of Marietta. The Official Map of Cobb County, adopted 1981, prepared by the Cobb County Planning Department, is incorporated herein and made a part of the above description by reference. Education District No. 6 shall be composed of all that land lying and being in the eastern part of Cobb County, located in that area more particularly described as follows: BEGINNING at a point where the center of an unnamed creek sometimes called Sewell Mill Creek intersects with the center line of Roswell Road; thence running westerly and then southwesterly along the center line of Roswell Road to a point where the center line of Roswell Road intersects the center line of Lower Roswell Road; thence running southeasterly along the center line of Lower Roswell Road to a point where the center line of Lower Roswell Road intersects the center line of Smithstone Road; thence running southerly along the center line of Smithstone Road to a point where the center line of Smithstone
Page 4022
Road intersects the center line of Fern Road; thence running southerly along the center line of Fern Road to a point where the center line of Fern Road intersects the center line of Powers Ferry Road; thence running southeasterly along the center line of Powers Ferry Road to a point where the center line of Powers Ferry Road intersects the center line of Interstate Highway 285; thence running northeasterly along the center line of Interstate Highway 285 to a point where the center line of Interstate Highway 285 intersects the center of the Chattahoochee River at a point on the Cobb-Fulton County Line; thence running northeasterly along the center of the Chattahoochee River which is also the Cobb-Fulton County line and following the meanderings thereof to a point where the center of the Chattahoochee River merges with the center of Willeo Creek, the point also being on the Cobb-Fulton County Line; thence running northerly along the center of Willeo Creek which is also the Cobb-Fulton County Line and following the meanderings thereof to a point where the center of Willeo Creek intersects with the center line of Post Oak Tritt Road at a point on the Cobb-Fulton County Line; thence running northwesterly and then westerly along the center line of Post Oak Tritt Road to a point where the center line of Post Oak Tritt Road intersects the center line of Murdock Road; thence running southerly along the center line of Murdock Road to a point where the center line of Murdock Road intersects the center line of Sewell Mill Road; thence running northeasterly along the center line of Sewell Mill Road to a point where the center line of Sewell Mill Road intersects the center of an unnamed creek sometimes called Sewell Mill Creek; thence running southerly along the center of the unnamed creek sometimes called Sewell Mill Creek and following the meanderings thereof to a point where the center of the unnamed creek sometimes called Sewell Mill Creek intersects the center line of Roswell Road and the point of beginning. Less and excepted from the above description all that portion of land which lies in the Independent School District of Marietta. The Official Map of Cobb County, adopted 1981, prepared by the Cobb County Planning Department, is incorporated herein and made a part of the above description by reference. Education District No. 7 shall be composed of all that land lying and being in the central part of Cobb County, located in that area more particularly described as follows:
Page 4023
BEGINNING at a point where the center line of Roswell Road intersects the center line of Lower Roswell Road; thence running southeasterly along the center line of Lower Roswell Road to a point where the center line of Lower Roswell Road intersects the center line of Smithstone Road; thence running southerly along the center line of Smithstone Road to a point where the center line of Smithstone Road intersects the center line of Fern Road; thence running southerly along the center line of Fern Road to a point where the center line of Fern Road intersects the center line of Powers Ferry Road; thence running southeasterly along the center line of Powers Ferry Road to a point where the center line of Powers Ferry Road intersects the center line of Terrell Mill Road; thence running southerly and southwesterly along the center line of Terrell Mill Road to a point where the center line of Terrell Mill Road intersects the center line of Cobb Parkway; thence running northwesterly along the center line of Cobb Parkway to a point where the center line of Cobb Parkway reaches a point approximately directly east of a point where Land Lots 657, 658, 711 and 712 of the 17th District form a common corner; thence running approximately directly west to the point where Land Lots 657, 658, 711 and 712 form the common corner on the eastern boundary of Dobbins Air Force Base; thence running southerly; thence westerly; thence southerly again along the eastern boundary of Dobbins Air Force Base to a point where the boundary of Dobbins Air Force Base turns in a westerly direction and continuing westerly along the southern boundary of Dobbins Air Force Base to a point at the southwest corner of the boundary of Dobbins Air Force Base; thence running northerly and then westerly along the boundary of Dobbins Air Force Base to a point where the western boundary of Dobbins Air Force Base intersects the center line of Main Street; thence running southerly and then westerly along the center line of Main Street and following the curvature thereof to a point where the center line of Main Street intersects the center line of Atlanta Road; thence running southerly along Atlanta Road to a point where the center line of Atlanta Road intersects the center line of Pat Mell Road; thence running westerly along the center line of Pat Mell Road to a point where the center line of Pat Mell Road intersects the center line of Old Concord Road; thence running southerly along the center line of Old Concord Road to a point where the center line of Old Concord Road intersects the center line of South Cobb Drive; thence running northerly along the center line of South Cobb Drive to a point where the center line of South Cobb Drive intersects the
Page 4024
center line of Benson Pool Road; thence running southwesterly along the center line of Benson Pool Road to a point where the center line of Benson Pool Road intersects the center line of Smyrna-Powder Springs Road; thence running southwesterly along the center line of Smyrna-Powder Springs Road to a point where the center line of Smyrna-Powder Springs Road intersects the center line of Hicks Road; thence running southerly along the center line of Hicks Road to a point where the center line of Hicks Road intersects the center line of Milford Church Road; thence running northwesterly along the center line of Milford Church Road to a point where the center line of Milford Church Road intersects the center line of Powder Springs Road; thence running northeasterly along the center line of Powder Springs Road to a point where the center line of Powder Springs Road intersects the center line of Cheatham Hill Road; thence running northerly along the center line of Cheatham Hill Road to a point where the center line of Cheatham Hill Road intersects the center line of John Ward Road; thence running northerly along the center line of John Ward Road to a point where the center line of John Ward Road intersects the center line of Dallas Road; thence running easterly along the center line of Dallas Road to a point where the center line of Dallas Road merges into the center line of Whitlock Avenue; thence continuing easterly along the center line of Whitlock Avenue to a point where the center line of Whitlock Avenue merges into the center line of South Park Square; thence continuing easterly along the center line of South Park Square to a point where the center line of South Park Square intersects the center line of East Park Square; thence running northerly along the center line of East Park Square to a point where the center line of East Park Square merges with the center line of Cherokee Street; thence continuing northerly along the center line of Cherokee Street to a point where the center line of Cherokee Street intersects the center line of Canton Road; thence running northerly along the center line of Canton Road to a point where the center line of Canton Road intersects the center line of Cobb Parkway; thence running southeasterly along the center line of Cobb Parkway to a point where the center line of Cobb Parkway intersects the center line of Roswell Road; thence running easterly along the center line of Roswell Road to a point where the center line of Roswell Road intersects the center line of Lower Roswell Road and the point of beginning.
Page 4025
Less and excepted from the above description all that portion of land which lies in the Independent School District of Marietta. The Official Map of Cobb County, adopted 1981, prepared by the Cobb County Planning Department, is incorporated herein and made a part of the above description by reference. Section 2 . The present members of the Board of Education of Cobb County shall continue to serve out the terms of office to which they were elected. The new education districts provided in this Act shall apply to the election of successors to the members of the board of education whose terms of office expire in 1984, and thereafter. Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1983 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 2-28802); as amended Acts 1974, p. 3516.
Page 4026
Roy E. Barnes Haskew Brantley Joe L. Thompson A. L. Burruss Fred Aiken Johnny Isakson Carl Harrison Joe Mack Wilson George W. Darden Steve Thompson Terry Lawler Bill Atkins Frank Johnson Tom Wilder 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 is Senator from the 37th 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 28, 1982, January 7, 14, 21, 28, 1983. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4027
BALDWIN COUNTY MAGISTRATE COURTCONSTITUTIONAL REQUIREMENTS IMPLEMENTED. No. 157 (Senate Bill No. 262). AN ACT To provide for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County; to provide for terms of office; to provide for the appointment of other court personnel; to provide for filling vacancies; to provide for the compensation of the chief magistrate and other magistrates and of other court personnel; to provide for a depository to serve as the treasury of the magistrate court; to provide for payments from the treasury; to provide for the removal of magistrates for cause; to provide for reimbursing the chief magistrate and other magistrates for their costs and expenses of training; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia and authorized by general law. Section 2 . (a) The Governor, with the advice and consent of the Senators and Representatives of the districts in which Baldwin County is located, shall appoint a duly qualified person to be the chief magistrate of the Magistrate Court of Baldwin County to serve for a four-year term of office commencing July 1, 1983, and expiring June 30, 1987. Successors to such chief magistrate shall be appointed in a like manner for terms of four years. (b) Each magistrate taking office in Baldwin County on July 1, 1983, shall continue in office for a term which shall expire on the date
Page 4028
of expiration of the term which he was serving in such other capacity. Such other magistrates shall thereafter be appointed by the chief magistrate of the Magistrate Court of Baldwin County for terms of four years. The chief magistrate shall not appoint more than four magistrates for said magistrate court. (c) The clerk of the magistrate court, constables, and other court personnel of the magistrate court shall be appointed by the chief magistrate; provided, however, that the number of such court personnel shall be approved by the governing authority of Baldwin County. Section 3 . (a) A vacancy in the office of chief magistrate of the Magistrate Court of Baldwin County shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (b) A vacancy in the office of any other magistrate shall be filled by appointment by the chief magistrate for the remainder of the unexpired term. Section 4 . (a) The chief magistrate shall be placed on an annual salary, the amount of which shall be determined by the governing authority of Baldwin County. (b) The chief magistrate shall fix the salaries of the other magistrates and the compensation of the clerk of the court, the constables, and other court personnel. Section 5 . (a) All fees collected by the Magistrate Court of Baldwin County shall be paid into a depository at a chartered bank designated by the governing authority of Baldwin County. The governing authority of Baldwin County shall pay the sum of not less than $1,700.00 and not more than $2,500.00 into the depository monthly for the operation of the magistrate court. Said depository shall serve as the treasury of the Magistrate Court of Baldwin County. The salaries of the chief magistrate and other magistrates, the compensation of other officers and personnel of the court as provided in subsection (b) of Section 4, and the other expenses of the operation of the magistrate court shall be paid from such treasury by the chief magistrate. (b) The chief magistrate shall file an annual report with the governing authority of Baldwin County showing all deposits to and
Page 4029
withdrawals from the depository. The governing authority may require additional periodic reports. Section 6 . The chief magistrate, with the approval of the chief judge and district attorney of the Ocmulgee Judicial Circuit, shall be authorized to remove a magistrate for cause. Section 7 . The costs and expenses of training required by Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief magistrate and other magistrates of Baldwin County, but such officers shall be reimbursed by the governing authority of Baldwin County for such costs and expenses. Section 8 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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 9 . (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1983. (b) For the purpose of appointing the chief magistrate, subsection (a) of Section 2 of this Act shall become effective April 1, 1983; provided, however, that such officer shall not take office until July 1, 1983. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to provide for the selection of the magistrate or magistrates who will preside over the magistrate court in Baldwin County; and for other purposes.
Page 4030
This 17th day of January, 1983. Culver Kidd Senator, 25th District Affidavit of Publication. Georgia, Baldwin County. I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder, printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Culver Kidd: Notice of Intention to Introduce Local Legislation (Magistrate Court, Baldwin Co.) was inserted in space of legal advertisement as follows: January 21, 1983; January 28, 1983; February 4, 1983. /s/ Roger W. Coover Publisher Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Patsy Smith Notary Public. My Commission Expires 5/31/86. Approved March 14, 1983.
Page 4031
CHATTAHOOCHEE COUNTY SUPERIOR COURT CLERKFEE SYSTEM OF COMPENSATION ABOLISHED AND ANNUAL SALARY PROVIDED. No. 158 (Senate Bill No. 211). AN ACT To abolish the present mode of compensating the clerk of the Superior Court of Chattahoochee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that 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 deputies and other personnel by said officer; to provide for the compensation for such personnel; to provide when and under what circumstances this Act shall become effective; 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 Chattahoochee County, known as the fee system, is abolished; and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2 . (a) The clerk of superior court of Chattahoochee County shall receive an annual salary of $11,340.00 and such annual salary shall hereafter be not less than the minimum annual salary provided by general law for clerks of superior court, provided that in calculating the population of Chattahoochee County for such purposes, the number of persons residing on Fort Benning property shall not be included in the population of the county. In addition to said annual salary, the clerk of superior court shall also receive $105.00 per month for his or her services as clerk of juvenile court and such monthly amount shall hereafter be increased by the same percentage and at the same time as any longevity increase to which the clerk becomes entitled under the general law prescribing minimum annual salaries for clerks of superior court.
Page 4032
(b) The compensation of said officer shall be paid in equal monthly installments from funds of Chattahoochee County. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites except compensation as receiver of child support formerly allowed to said officer as compensation for services in any capacity, shall receive and hold the same in trust for said county as public moneys, and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. This Act shall not affect the right of the clerk of superior court to receive and retain any compensation for his or her services as county receiver of child support. 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 . With the approval of the county governing authority, the clerk of superior court may appoint such deputies and other personnel as are necessary to assist him or her in performing the duties of clerk of superior court. The compensation of such deputies and other personnel shall be fixed by the clerk of superior court with the approval of the county governing authority. It shall be within the sole power and authority of the clerk of the superior court, during his or her term of office, to designate and name the persons who shall be employed as such deputies and other personnel, to prescribe their duties and assignments, and to remove or replace them at will. Section 5 . The necessary operating expenses of the clerk of the superior court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, books, furnishings, furniture, and utilities as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Section 6 . This Act shall become effective only if a bill is introduced and enacted at the 1983 regular session of the General
Page 4033
Assembly and becomes law, which bill provides that, for purposes of determining the minimum annual salary of the clerk of superior court in any county in which more than 50 percent of the population of the county resides on certain property of the United States government, the population of the county shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government; and if such other bill so becomes law then this Act shall become effective on the first day of the month following the month in which such other bill becomes law. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to abolish the present mode of compensating the clerk of the superior court of Chattahoochee 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 deputies and other personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. This 13th day of December, 1982. /s/ Julian Greer Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on
Page 4034
oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following dates: December 22, 29, 1982 and January 5, 1983. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 18th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. GWINNETT COUNTYCOMPENSATION OF CERTAIN OFFICIALS. No. 159 (Senate Bill No. 208). AN ACT To provide that the governing authority of Gwinnett County shall determine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County; to provide for the minimum compensation for these officers; to provide for supplements; to provide for payment of such annual compensation; to
Page 4035
provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) The minimum annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County shall not be less than the annual compensation provided for in the most recent local law setting the compensation for that officer or the annual compensation provided for in the most recent general law establishing a minimum annual compensation for that said officer, whichever provides for the greater compensation. (b) The governing authority of Gwinnett County may at its sole discretion supplement the minimum compensation of each officer provided in subsection (a) of this section. In determining the amount of any such supplement to any county officer and whether or not to provide such supplement, the governing authority of Gwinnett County shall consider, but shall not be bound by, whether employees in the office of that county officer receive compensation exceeding the annual compensation of that officer. Section 2 . The governing authority of Gwinnett County shall establish and determine, through the authority granted it in Section 1 of this Act, the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County, which compensation shall be paid in equal monthly installments from the funds of Gwinnett County. Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to provide that the governing authority of Gwinnett County shall determine and establish
Page 4036
the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County; to provide for the minimum compensation for these officers; to provide for supplements; and for other purposes. This 11th day of January, 1983. Donn M. Peevy Senator, 48th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donn M. Peevy who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 12, 19, 26, 1983. /s/ Donn M. Peevy Senator, 48th District Sworn to and subscribed before me, to and subscribed before me, this 4th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4037
FULTON COUNTYOFFICE OF JUSTICE OF PEACE, ETC. ABOLISHED. No. 160 (Senate Bill No. 132). 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. L. 1913, p. 145), as amended, so as to abolish the Office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace and Constable in Fulton County; to provide the procedure in connection therewith; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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), as amended, is further amended by inserting following Section 2 thereof, two new subsections, which shall be known as Section 2 (a) and Section 2 (b), which shall read as follows: Section 2 (a). On the effective date of this amendment, all justice courts and office of the justice of the peace and of notary public ex officio justice of the peace and constable in Fulton County are abolished. Section 2 (b). All records, papers, books, suits of whatever nature and kind, mesne and final process of whatever nature, and all criminal matters that may be pending in the courts abolished by this amendment at the time this amendment goes into effect are transferred to the court established by this Act, as amended, and such court shall have jurisdiction of all matters so transferred for trial and disposition under such rules and regulations as may be in effect in such court, the same as in every other case pending in said court. Section 2 . This Act shall become effective May 1, 1983. It is the intent of this Act to abolish all courts and offices referred to in Section 2 (a) quoted above, as of May 1, 1983. However, in the event
Page 4038
that it should be judicially determined that any of such courts cannot be abolished as of such date, the officers holding office may continue therein to the expiration of their elected terms and shall then transfer all of their books, records, and cases to the State Court of Fulton County as provided in this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Fulton County, approved February 24, 1976 (Ga. L. 1976, p. 3023), as amended, and for other purposes. This 21st day of December, 1982. John Tye Ferguson Associate County Attorney Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 23rd, 30th days of December, 1982, and on the 6th days of January, 1983. As provided by law.
Page 4039
/s/ Frances K. Beck Subscribed and sworn to before me, this 11th day of January, 1983. /s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal). Approved March 14, 1983. CITY OF SAVANNAH AND CHATHAM COUNTY SCHOOL SYSTEMTERMS OF PRESIDENT AND BOARD MEMBERSREFERENDUM. No. 161 (Senate Bill No. 233). AN ACT To amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved February 20, 1970 (Ga. L. 1970, p. 2076), an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4139), so as to change the terms of the president and members of the board; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 : An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved February
Page 4040
20, 1970 (Ga. L. 1970, p. 2076), an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4139), is amended by striking Section 3 thereof and inserting in its place a new Section 3 to read as follows: Section 3. (a) The board members serving from Education Districts 4, 5, 6, and 8 upon the effective date of this section shall serve out the terms to which they were elected, which shall expire December 31, 1984, and until their respective successors are duly elected and qualified under this subsection. At the general election conducted in 1984, there shall be elected to the board members from Education Districts 4, 5, 6, and 8, who shall take office on the first day of January 1985. Members elected from Education Districts 4, 5, and 6 at the 1984 general election shall serve for an initial term of office of six years and until their successors are duly elected and qualified. The member elected from Education District 8 at the 1984 general election shall serve for an initial term of office of four years and until a successor is duly elected and qualified. After these initial terms, successors to members from Education Districts 4, 5, 6, and 8 shall be elected in the general election conducted immediately prior to the expiration of their respective terms of office, shall take office on the first day of January following their election, and shall serve for a term of office of six years and until their successors are duly elected and qualified. (b) The president of the board and the board members serving from Education Districts 1, 2, 3, and 7 upon the effective date of this section shall serve out the terms to which they were elected, which shall expire December 31, 1986, and until their respective successors are duly elected and qualified under this subsection. At the general election conducted in 1986, there shall be elected to the board the president of the board and those members from Education Districts 1, 2, 3, and 7, all of whom shall take office on the first day of January, 1987. The president and members elected from Education Districts 1 and 7 at the 1986 general election shall serve for an initial term of office of six years and until their successors are duly elected and qualified. Members elected from Education Districts 2 and 3 at the 1986 general election shall serve for an initial term of office of two years and until their successors are duly elected and qualified. After these initial terms, successors to the president and members from Education Districts 1, 2, 3, and 7 shall be elected in the general election conducted immediately prior to the expiration of their respective terms of office, shall take office on the first day of January
Page 4041
following their election, and shall serve for a term of office of six years and until their successors are duly elected and qualified. No president may succeed himself in office more than twice. Section 2 . On or after the date of the approval of this Act by the Governor, or on or after the date it otherwise becomes law, and at least 45 days before the time set for the beginning of qualifying for candidates for the general primary in 1984, it shall be the duty of the election superintendent of Chatham County to issue the call for an election for the purpose of submitting this Act to the electors of Chatham County for approval or rejection. The superintendent shall set the date for 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 Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the terms of the president and members of the Board of Public Education for the City of Savannah and the County of Chatham and changing certain education district designations 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 Chatham County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4042
Notice is hereby given that there will be introduced at the 1983 Session of the Georgia General Assembly a Bill to amend an Act approved March 21, 1968, (Ga. L. 1968, p. 2636) and related Acts, pertaining to the Board of Education for the City of Savannah and the County of Chatham and relating to the amount of compensation paid to Members of the elected Board of Education and an Act to amend the Districts from which they are elected and the length of the terms that the elected Members shall serve on the Board of Education and Acts relating to other matters relating to said Board of Education. This 29th day of December, 1982. Edward H. Lee School Board Attorney 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 Georgia Gazette which is the official organ of Chatham County, on the following dates: January 5, 12, 19, 1983. /s/ J. Tom Coleman, Jr. Senator, 1st District Sworn to and subscribed before me, this 8th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4043
GORDON COUNTYMINIMUM COMPENSATION FOR CERTAIN COUNTY OFFICERS. No. 162 (Senate Bill No. 218). AN ACT To provide for minimum compensation for certain county officers of Gordon County; to provide for definitions; to provide for qualifications; 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 . As used in this Act, the following words or phrases shall have the following meanings: (a) General law means any of the following: (1) Code Section 48-5-183 of the O.C.G.A., providing a schedule of minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia; (2) Code Section 15-16-20 of the O.C.G.A., providing a schedule of minimum salaries for the sheriffs of the various counties within the State of Georgia; (3) Code Sections 15-6-88 and 15-6-89 of the O.C.G.A., providing a schedule of minimum salaries for the clerks of the superior courts of the various counties within the State of Georgia and providing additional remuneration for certain services; or (4) Code Sections 15-9-63 through 15-9-65 of the O.C.G.A., providing a schedule of minimum salaries for the judges of the probate courts of the various counties within the State of Georgia
Page 4044
and providing for certain supplements and increases for terms served, as now or hereafter amended. (b) Gordon County officers means the sheriff, the tax commissioner, the judge of the Probate Court, and the clerk of the Superior Court of Gordon County. Section 2 . (a) On and after the effective date of this Act, each Gordon County officer shall receive the annual salary fixed by local law unless such annual salary is less than the minimum salary provided for in this Act, in which event the provisions of this Act shall apply. Each Gordon County officer shall receive an annual minimum salary which shall be equal to the highest minimum salary, including additional supplements and increases based on years of service, established by any general law for any county officer of Gordon County. Such salary shall be paid in equal monthly installments from the funds of Gordon County. In the event that any local law provides a salary for any of the county officers which is higher than such minimum salary, such individual officer shall receive the higher salary provided by local law; but no Gordon County officer shall receive less than the minimum salary provided for in this Act. (b) Each Gordon County officer shall also be entitled to any expenses or allowances, other than salary, provided by local law. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. There will be introduced in the regular 1983 Session of the Georgia General Assembly legislation to provide for a method of determining and equalizing the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, and the Clerk of the Superior Court in Gordon County; to provide that salaries for any such office shall not be less than that as determined by any general law applicable to such offices; to repeal conflicting laws; and for other purposes.
Page 4045
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 is Senator from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following dates: January 5, 12, 19, 1983. /s/ Max Brannon Senator, 51st District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4046
CITY OF ROCKMART RECORDERAUTHORITY TO PUNISH FOR LAW VIOLATIONS AND CONTEMPT. No. 163 (Senate Bill No. 183). AN ACT To amend an Act reincorporating the City of Rockmart and creating a new charter for said city, approved April 8, 1968 (Ga. L. 1968, p. 3224), as amended, so as to increase the maximum fine which may be imposed by the recorder of the City of Rockmart for violations of laws or ordinances and for contempt; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act reincorporating the City of Rockmart and creating a new charter for said city, approved April 8, 1968 (Ga. L. 1968, p. 3224), as amended, is amended by striking Section 6.03 in its entirety and substituting in lieu thereof a new Section 6.03 to read as follows: Section 6.03. Jurisdiction, fines, imprisonment, and contempt. The recorder shall have power to impose fines, costs, and forfeitures for the violation of any law or ordinance of the City of Rockmart passed in accordance with this charter, to an amount not to exceed $1,000.00, to imprison offenders for a period of not more than 90 days, or at labor on the roads and streets or other public works of said city for not more than six months; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 or imprisonment not exceeding ten days or any combination of the two. He shall be, to all intents and purposes, a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Rockmart, which warrants may be executed by any police officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the
Page 4047
peace over offenses against the criminal laws of the state committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Rockmart. The recorder's court is specifically invested with all jurisdiction and powers through the entire area within the corporate limits granted by state laws generally to mayors, recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Introduction of Local Legislation. Notice is hereby given that there will be introduced at the next Session of the General Assembly of Georgia local legislation to amend the Charter of the City of Rockmart in the following particulars: To amend Section 6.03 of Article VI of the Charter of the City of Rockmart, Georgia, so that the same will provide an increase in the maximum pecuniary fine, costs and forfeitures for the violation of any law or ordinance of the City of Rockmart from $300.00 to $1,000.00; and to increase the maximum pecuniary fine for punishment for contempt from $25.00 to $100.00. Except as so amended, all other provisions of Section 6.03 shall remain in full force and effect. Copies of the Proposed Amendments are on file with the Office of the Clerk of the City of Rockmart, Georgia for the purpose of examination and inspection by the public during normal daily business hours. Dated: December 14, 1982. /s/ George H. Scott, Mayor City of Rockmart, Georgia
Page 4048
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan Dean who, on oath, deposes and says that he is Senator from the 31st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: January 13, 20, 27, 1983. /s/ Nathan Dean Senator, 31st District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. MACON COUNTYBOARD OF COMMISSIONERSCOMPENSATION OF CHAIRMAN AND OTHER MEMBERS. No. 164 (Senate Bill No. 168). AN ACT To amend an Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended,
Page 4049
particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3372), so as to change the compensation of the chairman and other members of the board of commissioners of Macon County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3372), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The chairman of the board of commissioners of Macon County shall receive an annual salary of $3,600.00, payable in equal monthly installments from county funds. Each of the other commissioners of such board shall receive an annual salary of $3,000.00, payable in equal monthly installments from county funds. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that there will be introduced in the General Assembly of this State at the 1983 Session thereof, convening on 10 January, 1983, a local bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Macon County, approved August 28, 1872 (Ga. L. 1872, p. 434), as amended, by an Act (Ga. L. 1912, p. 419), also amended (Ga. L. 1937, p. 1368), also amended (Ga. L. 1961, p. 3449), also amended (Ga. L. 1974, p. 3372), so as to increase the compensation for County Commissioners. This Notice to apply for local legislation is given pursuant to requirements of law.
Page 4050
This 4th day of January, 1983. Macon County Board of Commissioners J. Neal Bentley, Chairman Georgia, Macon County. Personally appeared before me, the undersigned authority, duly authorized by law to administer oaths, Julian C. Cox, who, under oath, deposes and states that he is the Publisher of the Citizen and Georgian Newspaper, which is the official organ of Macon County, Georgia, and that the attached copy of Notice of Intent to Introduce Local Legislation was published in said Citizen and Georgian Newspaper on the following dates: January 12th, 19th, and 26th, 1983. This 27th day of January, 1983. /s/ Julian C. Cox Sworn to and subscribed before me, this 27th day of January, 1983. /s/ Donald L. Lambeth Notary Public, State of Ga. Approved March 14, 1983.
Page 4051
JONES COUNTYPROBATE JUDGEMETHOD OF COMPENSATING. No. 165 (Senate Bill No. 160). AN ACT To amend an Act abolishing the present mode of compensating the judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, approved March 25, 1975 (Ga. L. 1975, p. 2796), as amended, so as to change the compensation provisions relating to 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 present mode of compensating the judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, approved March 25, 1975 (Ga. L. 1975, p. 2796), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The judge of the Probate Court of Jones County shall receive an annual salary in the amount provided by Code Section 15-9-63 and 15-9-65 of the O.C.G.A., as now or hereafter amended; provided, however, that effective July 1, 1983, the judge of the probate court shall receive an annual salary of $20,500.00, payable in equal monthly installments from county funds; and provided, further, that effective January 1, 1984, the judge of the probate court shall receive an annual salary of $22,500.00, payable in equal monthly installments from county funds. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 4052
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the probate court of Jones County on an annual salary, approved March 25, 1975 (Ga. L. 1975, p. 2796), as amended; and for other purposes. This 30th day of December, 1982. 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: December 30, 1982, January 6, 13, 1983. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 26th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4053
FULTON COUNTY STATE COURTSUBSIDY TO BE PAID FOR PUBLISHING COURT CALENDAR, ETC. No. 166 (Senate Bill No. 155). AN ACT To amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act creating the office of magistrate of said court, approved March 25, 1980 (Ga. L. 1980, p. 3735), so as to authorize the county to pay a publication subsidy to certain newspapers for printing the court calendar; to change the offenses for which the magistrate may not set bond; to provide 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. L. 1976, p. 3023), as amended, particularly by an Act creating the office of magistrate of said court, approved March 25, 1980 (Ga. L. 1980, p. 3735), is amended by adding between Section 11 and Section 12 thereof a new Section 11.1 to read as follows: Section 11.1. 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 $550.00 per week for each week in which said newspaper publishes the calendar for the Civil and Criminal Division of the state court during the preceding month. This subsidy shall be compensation for printing and publishing said calendars and shall be in lieu of any publication subsidy authorized by any other local Act relating to the state court.
Page 4054
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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Fulton County, approved February 24, 1976 (Ga. L. 1976, p. 3023), as amended, and for other purposes. This 21st day of December, 1982. John Tye Ferguson Associate County Attorney Fulton County Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 23rd, 30th days of December, 1982, and on the 6th days of January, 1983. As provided by law. /s/ Frances K. Beck
Page 4055
Subscribed and sworn to before me, this 11th day of January, 1983. /s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal). Approved March 14, 1983. FULTON COUNTYAUTHORITY TO ADOPT ORDINANCES AND REGULATIONS, ETC. No. 167 (Senate Bill No. 140). AN ACT To authorize the governing authority of Fulton County to adopt ordinances and regulations for the governing of the policing of the unincorporated areas of said county, in accordance with the provisions of the Constitution of this state and to provide penalties for the violation of such ordinances and to designate the court or courts which shall have jurisdiction in Fulton County over such offenses; 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 accordance with the authority granted by an amendment to the Constitution of the State of Georgia, proposed by a resolution appearing in Ga. L. 1976, p. 1880, the governing authority of Fulton County is authorized and empowered to adopt ordinances and regulations, including traffic regulations, for the governing and policing of the unincorporated areas of said county, for the purpose of protecting and preserving the health, safety, welfare, and morals of
Page 4056
the citizens thereof, as it may deem advisable, not in conflict with general laws of this state and of the United States; and for the implementation and enforcement of all duties and powers now or hereafter vested in said governing authority. Said governing authority is further authorized and empowered to provide penalties for violation of said ordinances or regulations, setting the nature and amount of such penalty or punishments, and is further authorized to designate the court or courts which shall have jurisdiction in Fulton County over such offenses. Section 2 . This Act shall become effective when it is approved by the Governor or otherwise becomes a law. Provided, however, that nothing herein shall invalidate any rules or regulations heretofore enacted by the governing authority of Fulton County. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to authorize the governing authority of Fulton County to adopt ordinances and regulations for the governing and policing of the unincorporated areas of said County, and for other purposes. This 21st day of December, 1982. John Tye Ferguson Associate County Attorney Fulton County
Page 4057
Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 23rd, 30th days of December, 1982, and on the 6th days of January, 1983. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 11th day of January, 1983. /s/ Judith L. Bray Notary Public, Georgia State at Large. My Commission Expires Nov. 30, 1986. (Seal). Approved March 14, 1983. BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITYJEKYLL ISLAND-STATE PARK AUTHORITYPOWER TO CONTRACT ONE WITH THE OTHER, ETC. No. 169 (Senate Bill No. 124). AN ACT To amend an Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. Laws 1963, p.
Page 4058
2826), as amended by an Act approved March 30, 1965 (Ga. Laws 1965, p. 2928), and an Act approved April 9, 1981 (Ga. Laws 1981, p. 4335), which Act was enacted pursuant to an amendment to the Constitution set forth at Ga. Laws 1962, p. 810, so as to provide that the Authority and the Jekyll Island-State Park Authority each shall have the power to contract one with the other; to provide that upon certain conditions, the powers of the Authority regarding projects shall apply and extend to projects located within the territory controlled by the Jekyll Island-State Park Authority; to provide that the Authority shall not be empowered or authorized in any manner to create an obligation or indebtedness of the Jekyll Island-State Park Authority; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: 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), and an Act approved April 9, 1981 (Ga. Laws 1981, p. 4335), which Act was enacted pursuant to an amendment to the Constitution set forth at Ga. Laws 1962, p. 810, is hereby amended by adding a new Section numbered 8.1 to read as follows: Section 8.1 The Authority and the Jekyll Island-State Park Authority each shall have the power to contract one with the other. Upon the request and approval of the Jekyll Island-State Park Authority, and in accordance with terms and conditions agreed upon by and between the Authority and the Jekyll Island-State Park Authority, the powers of the Authority regarding projects shall apply and extend to projects, as defined in this Act, located within the territory controlled by the Jekyll Island-State Park Authority. The Authority shall not be empowered or authorized in any manner to create an obligation or indebtedness of the Jekyll Island-State Park Authority.
Page 4059
Section 2 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional by a Court of competent jurisdiction, 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 by a Court of competent jurisdiction, 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 . 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of the State of Georgia a bill to amend an Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. Laws 1963, p. 2826), as amended, which Act was enacted pursuant to an amendment to the Constitution set forth at Ga. Laws 1962, p. 810, so as to provide that the Authority and the Jekyll Island-State Park Authority each shall have the power to contract one with the other; to provide that upon certain conditions the powers of the Authority regarding projects shall apply and extend to projects located within the territory controlled by the Jekyll Island-State Park Authority; to provide that the Authority shall not be empowered or authorized in any manner to create an obligation or indebtedness of the Jekyll Island-State Park Authority; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. This 20th day of December, 1982.
Page 4060
The Jekyll Island- State Park Authority 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 22, 29, 1982, and January 5, 1983. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 18th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4061
CITY OF UNION POINTAUTHORITY TO ASSESS FINES AND PUNISHMENT. No. 170 (Senate Bill No. 111). AN ACT To amend an Act providing a new charter for the City of Union Point, approved March 16, 1978 (Ga. L. 1978, p. 3966), as amended, so as to change certain fines; 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 Union Point, approved March 16, 1978 (Ga. L. 1978, p. 3966), as amended, is amended by striking from Section 7.15 the following: three hundred dollars, and inserting in its place the following: $1,000.00, so that when so amended said section shall read as follows: Section 7.15. Penalties. The violation of any provisions of this charter, for which a penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an
Page 4062
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 14th day of December, 1982. Ben Stewart, Mayor 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 Herald Journal which is the official organ of Greene County, on the following dates: December 17, 24, 31, 1982. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 17th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4063
FULTON COUNTY PROBATE COURT JUDGENONPARTISAN ELECTION. No. 171 (Senate Bill No. 105). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Fulton County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The judge of the Probate Court of Fulton County shall be elected by the qualified voters of Fulton County in a nonpartisan primary and election. Except as otherwise provided in this Act, the judge of the probate court shall be elected pursuant to the general election laws of Georgia. Section 2 . Beginning with the elections held in 1984 and each election thereafter at which the judge of the probate court is elected, the judge of the probate court shall be elected at the nonpartisan primary and general election immediately preceding the expiration of the term of office of the judge of the probate court. Section 3 . Candidates for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and paying the qualifying fee. Section 4 . The candidate receiving a majority of votes in the nonpartisan primary shall be the nominee for the office of judge of the probate court and shall be the only candidate for such office to have his name appear on the general election ballot. In the event no candidate receives a majority of the votes cast, the two candidates
Page 4064
receiving the highest number of votes for the office shall be the nominees for the office and shall have their names placed on the general election ballot. Section 5 . The names of all candidates for the office of judge of the probate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of judge of the probate court shall be nominated by any political party. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill providing that the Judge of the Probate Court of Fulton County will be nominated and elected on a non-partisan basis, to provide for matters relative thereto, and for other purposes. This 21st day of December, 1982. John Tye Ferguson Assistant County Attorney Fulton County 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 is Senator from the 40th District, and that the
Page 4065
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 23, 30, 1982 and January 6, 1983. /s/ Paul Coverdell Senator, 40th District Sworn to and subscribed before me, this 17th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. CATOOSA COUNTYCOMPENSATION AND ALLOWANCES OF COMMISSIONER, ETC. No. 172 (House Bill No. 776). AN ACT To amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved April 22, 1981 (Ga. L. 1981, p. 4922), so as to change the compensation and allowances of the commissioner and provide for an automobile for the commissioner's use on county business; to provide for personnel in the office of commissioner and the compensation thereof; to delete certain provisions
Page 4066
relating to the audit of the superintendent of public schools; to delete certain provisions relating to budget and audits and require conformity with the general laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved April 22, 1981 (Ga. L. 1981, p. 4922), is amended by striking Section 9 thereof and inserting in its place a new Section 9 to read as follows: Section 9. (a) The commissioner of Catoosa County shall be paid an annual salary of $23,000.00, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner shall be authorized to purchase, at county expense, one automobile for use outside and inside the county for official county business, which automobile may be replaced with a new automobile at county expense no more often than once every two years. The commissioner shall also be paid the sum of $3,000.00 per year for traveling expenses outside and inside the county for official county business, which shall be paid in equal monthly installments from funds of Catoosa County. (b) The commissioner may employ one administrative assistant. The salary of that assistant shall be as established by the commissioner but shall not exceed $21,000.00 per year. The commissioner may also employ clerical assistants, to be paid an amount not to exceed $25,000.00 per year. In the event the maximum allowance for the assistant or clerical assistance is not needed for such purpose, the unused portion thereof shall remain as part of the general funds of the county. (c) 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 from Section 11 thereof the following: the sheriff, the superintendent of public schools,,
Page 4067
and inserting in its place the following: the sheriff. Section 3 . Said Act is further amended by striking Sections 16 and 16.1 thereof and inserting in their place new Sections 16 and 16.1 to read as follows: Section 16. The local government of Catoosa County shall conform to the budget requirements of Chapter 81 of Title 36 of the O.C.G.A. Section 16.1. The local government of Catoosa County shall conform to the auditing requirements of Chapter 81 of Title 36 of the O.C.G.A. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a Bill to amend an Act establishing the Commissioner of Roads and Revenue of Catoosa County, Georgia, so as to amend said Act relating to the salary and expenses of the Commissioner, clerical help, and for other purposes. This 3rd day of January, 1983. James A. Moreland Commissioner of Roads and Revenue, Catoosa County, Georgia
Page 4068
Proof of Publication. Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County news three times, on the issues dated, to-wit: January, 6, 13 and 20th, 1983. /s/ Jim Caldwell Sworn to and subscribed before me, this the 21 day of January, 1983. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1985. (Seal). Approved March 14, 1983. CATOOSA COUNTY SHERIFFFISCAL YEAR OF OFFICE. No. 173 (House Bill No. 777). AN ACT To amend an Act providing for the fiscal administration of the office of sheriff of Catoosa County, approved March 23, 1977 (Ga. L.
Page 4069
1977, p. 5114), as amended, particularly by an Act approved April 21, 1982 (Ga. L. 1982, p. 5114), so as to provide for a change in fiscal year for the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the fiscal administration of the office of sheriff of Catoosa County, approved March 23, 1977 (Ga. L. 1977, p. 5114), as amended, particularly by an Act approved April 21, 1982 (Ga. L. 1982, p. 5114), is amended by striking subsection (a) of Section 4 and inserting in its place a new subsection (a) to read as follows: (a) The fiscal year for the sheriff's office shall correspond to that fiscal year established by the commissioner of Catoosa County for the operations of the local government of Catoosa County. 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 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 improvements 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;
Page 4070
(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; and (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; and (8) All proposed expenditures for operating the county jail and caring for the prisoners, unless already itemized under paragraphs (1) through (7) of this subsection (a). 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a Bill relative to the Office of the Sheriff and the Sheriff's Department of Catoosa County, Georgia, for the purpose of setting a budget, establishing a fiscal year, and for other purposes.
Page 4071
This 3rd day of January, 1983. Robert G. Peters Representative, Third District Proof of Publication. Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News three times, on the issues dated, to-wit: January 6, 13, and 20, 1983. /s/ Jim Caldwell Sworn to and subscribed before me, this the 21 day of January, 1983. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires Apr. 22, 1985. (Seal). Approved March 14, 1983.
Page 4072
CITY OF DUBLIN CITY COURTMAXIMUM FINING AND PUNISHMENT AUTHORITY. No. 174 (House Bill No. 803). AN ACT To amend an Act providing a new charter for the City of Dublin, Georgia, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, so as to increase the maximum fine of the city court from $500.00 to $1,000.00; to increase maximum imprisonment from 60 days to 12 months; to increase the maximum sentence to labor in a city work gang from 30 days to 60 days; to change the method of appointing a judge to serve in the event of the disqualification, sickness, absence, or inability of the city judge to act in any case; to provide 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. L. 1979, p. 3568), as amended, is amended by striking subsection (c) of Section 5.2 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The city court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months, 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 60 days. Section 2 . Said Act is further amended by striking Section 5.4 in its entirety and inserting in lieu thereof a new Section 5.4 to read as follows: Section 5.4. Appointment of Judge Pro Hac Vice. Whenever the city judge is disqualified to act in any case or because of sickness, absence, or any other reason is unable to act in any case, the city judge may appoint a judge pro hac vice to preside and exercise all of the functions of city judge in that case. If the city judge is unable to appoint a judge pro hac vice, or during a vacancy in the office of city judge, the mayor and council may appoint a judge pro hac vice by resolution. Any person appointed as judge pro hac vice shall be an
Page 4073
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 the appointment. The order or resolution appointing a judge pro hac vice shall provide for compensation which shall not exceed the sum of $100.00 per day. 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 repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend the charter of the City of Dublin, Georgia, approved April 11, 1979 (Ga. Laws 1979, p. 3569). This 18th day of January, 1983. S. DuBose Porter Representative, 119th District Affidavit of Publication. Georgia, Laurens County. Personally appeared before the undersigned authority, duly authorized to administer oaths, S. DuBose Porter, who, being duly sworn, deposes and says that he is Representative for 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, Georgia, on the following dates:
Page 4074
January 22, 29 and February 5, 1983. /s/ S. DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 14, 1983. TOWNS COUNTY SHERIFFCOMPENSATION, ETC. No. 175 (House Bill No. 804). AN ACT To amend an Act placing the sheriff of Towns County on an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2216), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2824) and by an Act approved April 11, 1979 (Ga. L. 1979, p. 3398), so as to change the compensation of the sheriff; to change the provisions relating to deputies; to change the provisions relating to automobiles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 4075
Section 1 . An Act placing the sheriff of Towns County on an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2216), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2824) and by an Act approved April 11, 1979 (Ga. L. 1979, p. 3398), is 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 $16,500.00, payable in equal monthly installments from the funds of Towns County. Section 2 . Said Act is further amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The sheriff shall be authorized to employ a chief deputy and fix his compensation at not less than $900.00 nor more than $1,000.00 per month. The sheriff shall also be authorized to employ an additional deputy and fix his compensation at not less than $850.00 nor more than $950.00 per month. The sheriff shall also be authorized to employ a part-time deputy for not more than two days each week and to fix the compensation of such part-time deputy at a per diem amount which shall not exceed the average compensation other deputies would receive if they were compensated on a per diem basis. The governing authority of Towns County, with the approval of the sheriff, shall be authorized to increase the compensation of such personnel, notwithstanding the limitations provided for herein, to such amount as the governing authority shall determine. The compensation of other deputies employed by the sheriff shall not be less than $850.00 and not more than $950.00 per month. The compensation of such personnel shall be paid from the funds of Towns County. Section 3 . Said Act is further amended by striking subsection (b) of Section 5 and substituting in lieu thereof a new subsection (b) to read as follows: (b) The governing authority of Towns County shall furnish the sheriff with at least two police-equipped automobiles and shall provide for the repair and maintenance of said automobiles. The governing authority shall purchase a new replacement for one of said automobiles annually and may replace either or both of said automobiles at any time if the automobile is damaged or otherwise becomes unserviceable. The sheriff and his deputies shall furnish their own handguns.
Page 4076
Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Towns County on an annual salary, approved June 30, 1964, (Ga. L. 1964, p. 2216), as amended; and for other purposes. This 7th day of January, 1983. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, on the following dates: January 14, 21, 28, 1983. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4077
FULTON COUNTYCONSTITUTIONAL AMENDMENT CREATING INDUSTRIAL DISTRICT CONTINUED. No. 176 (House Bill No. 85). AN ACT To provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 76 (Res. Act 22, H.R. 10-35, Ga. L. 1979, p. 1797), duly ratified at the 1980 general election and proclaimed by the Governor to be a part of the Constitution of 1976, which amendment creates within Fulton County the Fulton County Industrial District and prohibits 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; 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 is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution, authorizing the continuation of certain amendments to the Constitution. Section 2 . Constitutional Amendment Number 76 (Res. Act 22, H.R. 10-35, Ga. L. 1979, p. 1797), duly ratified at the 1980 general election and proclaimed by the Governor to be a part of the Constitution of 1976, which amendment creates within Fulton County the Fulton County Industrial District and prohibits 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, shall not be repealed or deleted upon July 1, 1987, as part of the Constitution ratified at the general election in 1982 but is specifically continued in force and effect on and after that date as part of that Constitution.
Page 4078
Section 3 . This Act shall become effective July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to continue in force and effect an amendment to the Constitution of Georgia that created in Fulton County a special district to be known as the Fulton County Industrial District, and for other purposes. This 23rd day of December, 1982. John Tye Ferguson Associate County Attorney, Fulton County Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 24, 31 days of Dec., 1982, and on the 7 day of Jan., 1983. As provided by law. /s/ Frances K. Beck
Page 4079
Subscribed and sworn to before me, this 11 day of January, 1983. /s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal). Approved March 14, 1983. SUMTER COUNTYCOMPENSATION FOR CERTAIN OFFICIALS. No. 177 (House Bill No. 193). AN ACT To provide that the governing authority of Sumter County shall determine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Sumter County; to provide for the minimum compensation for these officers; to provide for supplements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) The minimum annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Sumter County shall not be less than the annual compensation provided for in any local law setting the compensation for that officer or the annual compensation provided for in any general law establishing a minimum annual compensation for that officer, whichever provides for the greater compensation.
Page 4080
(b) The governing authority of Sumter County may at its sole discretion supplement the minimum compensation of each officer provided in subsection (a) of this section. Section 2 . The governing authority of Sumter County shall establish and determine, through the authority granted it in Section 1 of this Act, the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Sumter County. Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Pursuant to the authority of the constitution of Georgia which shall become effective July 1, 1983, notice is given that there will be introduced at the regular 1983 session of the General Assembly a bill to provide for the minimum annual compensation for the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Sumter County; to authorize the governing authority of Sumter County; to provide a supplement to such minimum compensation so as to establish the total annual compensation for such officers; to provide for other matters relative thereto; 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 is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the American Times Recorder which is the official organ of Sumter County, on the following dates: December 24, 31, 1982 and January 7, 1983.
Page 4081
/s/ George Hooks Representative, 116th District Sworn to and subscribed before me, this 14th day of January 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. JONES COUNTY MAGISTRATE COURTAPPOINTMENT AND COMPENSATION OF MAGISTRATES, ETC. No. 180 (Senate Bill No. 273). AN ACT To provide for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County; to provide for terms of office; to provide for the appointment of other court personnel; to provide for filling vacancies; to provide for the compensation of the chief magistrate and other magistrates and of other court personnel; to excuse the chief magistrate from certain jury duty; to provide for reimbursing the chief magistrate and other magistrates for their costs and expenses of training; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 4082
Section 1 . It is the intent of this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia and authorized by general law. Section 2 . (a) The Governor, with the advice and consent of the Senators and Representatives of the districts in which Jones County is located, shall appoint a duly qualified person to be the chief magistrate of the Magistrate Court of Jones County to serve for a term of office commencing July 1, 1983, and expiring February 1, 1987. Successors to such chief magistrate shall be appointed in a like manner for terms of four years. (b) Any other magistrate taking office in Jones County on July 1, 1983, shall continue in office for a term which shall expire on the date of expiration of the term which he was serving in such other capacity. Such other magistrates shall thereafter be appointed by the chief magistrate of the Magistrate Court of Jones County for terms which expire on the date that the term of office of the chief magistrate expires. The chief magistrate shall not appoint more than four magistrates for said magistrate court. (c) The clerk of the magistrate court, constables, and other court personnel of the magistrate court shall be appointed by the chief magistrate; provided, however, that the number of such court personnel shall be approved by the governing authority of Jones County. (d) The chief magistrate appointed to the Magistrate Court of Jones County shall be exempt from jury duty in the superior court or any other court existing or which may be created or established in Jones County. Section 3 . (a) A vacancy in the office of chief magistrate of the Magistrate Court of Jones County shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (b) A vacancy in the office of any other magistrate shall be filled by appointment by the chief magistrate for the remainder of the unexpired term. Section 4 . (a) The chief magistrate shall receive an annual salary of $15,000.00 which shall be paid in equal monthly installments or equal semimonthly installments, as determined by the governing authority of Jones County, from the funds of such county. On and
Page 4083
after January 1, 1984, when the governing authority of Jones County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the chief magistrate, and the salary of the chief magistrate shall be increased by such average percentage. (b) The governing authority of Jones County shall fix the salaries of the other magistrates and the compensation of the clerk of the court, the constables, and other court personnel. Such salaries or other compensation shall not be less than the minimum wage, and such court officers and personnel shall be entitled to other benefits provided for county employees. Section 5 . The costs and expenses of training required by Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief magistrate and other magistrates of Jones County, but such officers shall be reimbursed by the governing authority of Jones County for such costs and expenses. Section 6 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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 . (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1983. (b) For the purpose of appointing the chief magistrate, subsection (a) of Section 2 of this Act shall become effective April 1, 1983; provided, however, that such officer shall not take office until July 1, 1983. Section 8 . All laws and parts of laws in conflict with this Act are repealed.
Page 4084
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to provide for the selection of the magistrate or magistrates who will preside over the magistrate court in Jones County; and for other purposes. This 24th day of January, 1983. 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 27, February 3, 10, 1983. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 15th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983.
Page 4085
BALDWIN COUNTY PROBATE JUDGECOMPENSATION. No. 181 (Senate Bill No. 274). 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. L. 1967, p. 2006), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 3095), 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. L. 1967, p. 2006), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 3095), is 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 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 in this section 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 $25,000.00, payable in equal monthly installments from the funds of Baldwin County.
Page 4086
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. L. 1967, p. 2006), as amended; and for other purposes. This 25th day of January, 1983. Culver Kidd Senator, 25th District Affidavit of Publication. Georgia, Baldwin County. I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder, printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Local Legislation - Judge of Probate Court was inserted in space of legal advertisement as follows: Jan. 28, Feb. 4 11, 1983. /s/ Roger W. Coover Publisher
Page 4087
Sworn to and subscribed before me, this 11th day of February, 1983. /s/ Nancy D. Veal Notary Public. My Commission Expires 8/19/86. Approved March 14, 1983. LIBERTY COUNTY INDUSTRIAL AUTHORITYPOWERS, ETC. No. 182 (Senate Bill No. 294). AN ACT To amend an Act providing for the appointment and terms of office of members of the Liberty County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, so as to clarify the definition of the term project; to clarify the powers of the authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the appointment and terms of office of members of the Liberty County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, is amended by striking subsection (b) of Section 5 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The word `project' shall be deemed to mean and include the acquisition, construction, improvement, modification, expansion, modernization, equipping, or remodeling of any property, real or personal, which shall be used by persons, firms, or corporations, public or private, for the development, expansion, or promotion of
Page 4088
any form of industry, including, but not limited to, commerce, agriculture, communications, manufacturing, mining, lodging, transportation, wholesale and retail trade, natural resources, and vocational training, in Liberty County, as approved by the authority and as determined by the authority, after a public hearing, to develop and promote, for the public good and welfare, industry within Liberty County, which approval and determination of a particular project by the authority shall be conclusive as to the amount, form, and content of the industry and the economic benefit derived therefrom, which industry is necessary for the public good and welfare of the citizens of Liberty County. Section 2 . Said Act is further amended by striking subsections (g), (i), and (l) of Section 8 in their entirety and substituting in lieu thereof new subsections (g), (i), and (l) to read as follows: (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate, manage, and finance projects, selfliquidating or otherwise, located on property owned or leased by the authority or by persons, firms, or corporations approved by the authority, and to pay the cost of any such project and the financing thereof from the proceeds of revenue-anticipation certificates or revenue bonds of the authority or from any grant from the County of Liberty or any agency, department, commission, bureau, or institution of the State of Georgia or of the United States or from any contribution or loans by persons, firms, or corporations, all of which the authority is authorized to receive and accept and use. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, including, but not limited to, any development authorities, downtown development authorities, and other similar corporations established and existing under the laws of the State of Georgia, which power is not in conflict with the Constitution and laws of the State of Georgia. (l) To issue revenue-anticipation certificates or revenue bonds for the purpose of exercising the proper powers of the authority or for paying all or any part of the cost of any project of the authority. Such revenue-anticipation certificates or revenue bonds shall be issued and validated under and in accordance with the applicable provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the `Revenue Bond Law.'
Page 4089
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an action implementing certain provisions of an amendment of the Constitution of Georgia creating the Liberty County Industrial Authority approved February 18, 1964 (Ga. Laws 1964, p. 2110), as amended; and for other purposes. Glenn E. Bryant Senator, District 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn E. Bryant who, on oath, deposes and says that he is Senator from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County, on the following dates: February 4, 11, 16, 25, 1983. /s/ Glenn E. Bryant Senator, 3rd District
Page 4090
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. COMPENSATION TO JOHN J. GATES. No. 1 (House Resolution No. 69). A RESOLUTION Compensating John J. Gates, Ph.D.; and for other purposes. WHEREAS, on September 2, 1982, the main sewer line of Central State Hospital of the Department of Human Resources in Milledgeville, Georgia, developed a blockage causing raw sewage to flow into the house at 164 Annex Drive, Milledgeville, Georgia, the residence of John J. Gates, Ph.D.; and WHEREAS, the accident caused raw sewage to cover the entire house to a depth of 1 inches; and WHEREAS, the accident caused extensive damage to the house and to the personal property of Dr. Gates in the amount of $2,033.00 which has not been compensated by insurance; and WHEREAS, the accident occurred through no fault or negligence on the part of Dr. Gates and it is only fitting and proper that he be reimbursed for his loss.
Page 4091
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is authorized and directed to pay the sum of $2,033.00 to John J. Gates, Ph.D., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 14, 1983. GEORGE W. THOMPSON, SR., BRIDGE DESIGNATED. No. 4 (Senate Resolution No. 79). A RESOLUTION Designating the George W. Thompson, Sr. Bridge; and for other purposes. WHEREAS, Mr. George W. Thompson, Sr. was one of Cobb County's most outstanding citizens; and WHEREAS, Mr. Thompson was active in many civic, service, and political organizations in Cobb County; and WHEREAS, he was past President of the Mableton Chamber of Commerce and was the winner of the Community Service Award of 1976 of the Cobb County Chamber of Commerce; and WHEREAS, Mr. Thompson served with great honor, ability, and distinction as a member of the Cobb County Planning Commission and as Chairman of that body; and WHEREAS, Mr. Thompson was one of the founding members of Southwest Christian Church in Atlanta, and was very active in the religious affairs of his community; and
Page 4092
WHEREAS, Mr. Thompson was instrumental in helping to establish in South Cobb County the first branch library, the first police precinct, and Cobb General Hospital; and WHEREAS, Mr. Thompson was affectionately known as the Mayor of Mableton; and WHEREAS, all who knew him miss his influence and counsel since his death; and WHEREAS, it is fitting and proper that a man who has contributed so much to his community should have a bridge in that community named in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge located on Interstate 20 at Six Flags Drive is designated as the George W. Thompson, Sr. Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the bridge described above as the George W. Thompson, Sr. Bridge. Approved March 15, 1983. PLEASANT THEODORE MC CUTCHEN, SR. BRIDGE DESIGNATED. No. 13 (House Resolution No. 246). A RESOLUTION Designating the Pleasant Theodore McCutchen, Sr. Bridge; and for other purposes.
Page 4093
WHEREAS, Mr. Pleasant Theodore McCutchen, Sr., was born in Heard County, Georgia, on February 24, 1866, the son of Cicero Berrien McCutchen and Martha Ann Elizabeth Barker McCutchen; and WHEREAS, he began his newspaper career in the City of Franklin in Heard County, Georgia, at the age of ten and later became one of Georgia's most celebrated and respected journalists as editor and owner of The News and Banner for 63 years; and WHEREAS, he was one of the founding fathers of the Georgia Weekly Press Association and for many years he used his newspaper columns to promote the development of better roads and other civic improvements for his city, county, and state; and WHEREAS, he served with distinction the people of his city, county, state, and nation, in both elective and appointive capacities, in holding the offices of mayor, councilman, State Representative, state superintendent of printing, and executive secretary for two Georgia congressmen; and WHEREAS, he was a member of the Taft Memorial Highway Association, which developed U. S. Highway 27, extending from Michigan to Miami, Florida, and he chaired the committee which routed this highway through Georgia; and WHEREAS, on March 13, 1944, he served as Master of Ceremonies at the dedication of the bridge which carries State Route 1 over the Chattahoochee River; and WHEREAS, it is only proper that in memory of this great Georgian the aforesaid bridge be designated the Pleasant Theodore McCutchen, Sr. Bridge. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge which carries State Route 1 over the Chattahoochee River shall be designated the Pleasant Theodore McCutchen, Sr. Bridge.
Page 4094
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating such bridge as the Pleasant Theodore McCutchen, Sr. Bridge. Approved March 16, 1983. CONSTITUTIONAL AMENDMENT AUTHORIZING CONSOLIDATION OF RICHMOND COUNTY AND CITY OF AUGUSTA TAX ASSESSORS CONTINUED IN FORCE. No. 325 (House Bill No. 662). AN ACT To provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment (Res. Act 94, H. R. 118-319(i), Ga. L. 1956, p. 453), duly ratified at the 1956 general election and proclaimed by the Governor to be a part of the Constitution of 1945, and subsequently made a part of the Constitution of 1976, which amendment authorized the General Assembly to consolidate and combine Richmond County and City Council of Augusta Tax Assessors for both real and personal property and to create a new board of tax assessors and provide the authority thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution, authorizing the continuation of certain amendments to the Constitution. Section 2 . That Constitutional Amendment (Res. Act 94, H. R. 118-319(i), Ga. L. 1956, p. 453), duly ratified at the 1956 general
Page 4095
election and proclaimed by the Governor to be a part of the Constitution of 1945, and subsequently made a part of the Constitution of 1976, which amendment authorized the General Assembly to consolidate and combine Richmond County and City Council of Augusta Tax Assessors for both real and personal property and to create a new board of tax assessors and provide the authority thereof, shall not be repealed or deleted upon July 1, 1987, as part of the Constitution ratified at the general election in 1982, but is specifically continued in force and effect on and after that date as part of that Constitution. Section 3 . This Act shall become effective July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia an Act to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. Laws, 1956, pp. 453, et. seq. empowering the General Assembly of Georgia to consolidate and combine the Richmond County and the City Council of Augusta Board of Tax Assessors and the governmental functions vested in and exercised by said Board of Tax Assessors in the City Council of Augusta and County of Richmond; to create, designate and give a name to a City-County Board of Tax Assessors for the municipality of the City Council of Augusta and the entire area of Richmond County; to provide for the powers and duties of the City-County Board of Tax Assessors; to provide an effective date; and for other purposes. This 17th day of December, 1982. Robert C. Daniel, Jr. County Attorney, Richmond County, Georgia
Page 4096
Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, Paul S. Simon, 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 24, 31, 1982, and January 7, 1983. /s/ Paul S. Simon, President, Southeastern Newspapers Corporation, Publisher of the Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me, this 17th day of February, 1983. /s/ JoAnn M. Lundquist Notary Public, Georgia State at Large. My Commission Expires June 23, 1986. (Seal). Approved March 16, 1983.
Page 4097
URBAN ENTERPRISE ZONES IN CITY OF ATLANTA. No. 326 (House Bill No. 629). AN ACT To provide for urban enterprise zones in the City of Atlanta; to provide a short title; to provide for findings, purposes, and intent; to provide for definitions; to provide for the creation of certain zones and for ad valorem property tax exemptions upon certain inventories and real property located, therein; to provide criteria for the creation of zones; to provide for ad valorem property tax exemptions for taxation for city and county purposes; to provide for what property may be exempt and the conditions thereof; to provide for amount and expiration of exemptions; to provide for abolition and decrease in size of zones; to limit the creation of additional zones and additional exemptions; to provide when zones and exemptions become effective; to provide for determination of eligibility for exemptions and for appeals thereof; to provide for tax digests and annual reports; 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 Atlanta Urban Enterprise Zone Act. Section 2 . It is found and declared that economically and socially depressed areas exist within the City of Atlanta and that these areas contribute to or cause unemployment, create an inordinate demand for public services, and, in general, have a deleterious effect on the public health, safety, welfare, and morals. It is further found that these areas are commonly characterized by no investment or underinvestment by private enterprise in ventures which produce jobs, trade, provision of services, and other economic activities which individually and together contribute to a healthy society. This lack of private investment and activity contributes materially to social and economic depression in such areas. Therefore, it is in the public interest that incentives be provided to private enterprise to invest in such areas. It is the purpose of this Act, therefore, to grant special powers of tax abatement to the City of Atlanta to provide such incentives. It is the intention of the General Assembly that this Act be liberally construed to carry out such purpose.
Page 4098
Section 3 . As used in this Act, the term: (1) Ad valorem property taxes means all ad valorem taxes levied by the city or county for city or county purposes, respectively, except those ad valorem property taxes levied to pay bonded indebtedness. (2) Board of commissioners means the board of commissioners of Fulton County. (3) City means the City of Atlanta. (4) City council means the council which is the legislative body of the City of Atlanta. (5) City purposes means purposes of the city, including but not limited to school and education purposes. (6) County means Fulton County. (7) County purposes means purposes of the county, but including neither school nor educational purposes. (8) Finished goods means goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production, or the stock-in-trade of a retailer. (9) Inventories means property described in subsection (a) of Section 7 which may be exempt from ad valorem property taxes. (10) Raw materials means any material, whether crude or processed, that can be converted by manufacture, processing, or combination into a new and useful product, but shall not include unrecovered, unextracted, or unsevered natural resources. (11) Real property means land and improvements thereon. (12) Taxable property means real or personal property subject to ad valorem property taxes.
Page 4099
(13) Taxable value means the net taxable assessed value of property as shown on the tax digest of Fulton County as adjusted and equalized by the state revenue commissioner pursuant to Code Section 48-5-271 of the O.C.G.A., requiring the examination of tax digests for determining uniformity of valuation. Section 4 . (a) As provided in this Act, the city council by ordinance may create urban enterprise zones within the corporate limits of the city, within which zones: (1) Inventories of certain goods may be exempted from ad valorem taxation for city and county purposes for the taxable value of those inventories; (2) Taxable real property may be exempted from ad valorem taxation for city and county purposes for the taxable value of that real property; or (3) Property may be exempted under subsections (a) and (b) of this section. (b) The ordinance creating a zone or exempting additional property from taxation within an existing zone shall specify whether inventories, real property, or both are to be exempted from ad valorem taxation under this Act and shall further specify the types of inventories to be exempt under subsection (a) of Section 7. Section 5 . (a) A zone may only be created in an area of the city composed of census tracts in each of which, according to the United States decennial census of 1980: (1) The percentage of family and nonfamily households in that census tract that were below the poverty level in 1979 was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole; or (2) The percentage of persons in that census tract who were in the labor force and did not work in 1979 was at least double the percentage of persons who were in the labor force and did not work in 1979, for Fulton County as a whole. (b) A zone may not be less than 50 acres in size.
Page 4100
(c) A zone may extend into a census tract which does not comply with the requirements of subsection (a) of this Section if at least seventy-five percent (75%) of the expanded zone would comply with the requirements of subsection (a) of this Section. Section 6 . (a) The city council may exempt the taxable value of property within a zone only from ad valorem taxation for city purposes. The board of commissioners, by appropriate resolution, may exempt from ad valorem taxation for county purposes under this Act the taxable value of only that same property exempted from ad valorem taxation for city purposes. (b) A copy of the ordinance or resolution creating, abolishing, or decreasing in size a zone or creating exemptions in a zone shall be transmitted to the tax commissioner of Fulton County and to the Department of Community Affairs within 30 days after its passage. Section 7 . (a) Exemptions from ad valorem taxation of inventories within a zone under this Act may be granted for all or any combination of the following types of property: (1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible personal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state; (2) Inventory of finished goods manufactured or produced within this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is produced or manufactured; and (3) Inventory of finished goods which, on the first day of January, are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment to a final destination outside this state and inventory of finished goods which are shipped into this state from outside this state and stored for
Page 4101
transshipment to a final destination outside this state. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. All property that is claimed to be exempt under the provisions of this paragraph shall be designated as being in transit upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such in transit property, shall be at all times open to the inspection of the tax commissioner of Fulton County. (b) Exemptions from ad valorem taxation of real property within a zone under this Act may be granted for the taxable value of: (1) The land itself only if the taxable value of all improvements thereon made after the effective date of the creation of the zone in which that land is located, equals or exceeds three times the taxable value of the land on the effective date of the creation of the zone; and (2) Only those improvements made after the effective date of the creation of the zone in which the improvements are located. Section 8 . (a) Real property in a zone which is exempt from ad valorem taxation under this Act shall be exempt for 100 percent of taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of taxable value for the next five years, 60 percent of taxable value for the next five years, 40 percent of taxable value for the next five years, and 20 percent of taxable value for the last five years. (b) Inventories in a zone which are exempt from ad valorem taxation under this Act shall be exempt for 100 percent of taxable value for 25 years after the creation of that zone. (c) A zone shall exist for 25 years after the effective date of its creation and at the end of that period the zone and all exemptions established therein pursuant to this Act shall be abolished.
Page 4102
(d) Except as provided in subsection (c) of this section, a zone may only be abolished or decreased in size by appropriate ordinance of the city council, approved by a majority of the registered voters of the city voting in a special election which shall be required to be called for such purpose. No such special election to approve the abolition or decrease in size of a zone may be called within five years from the effective date of the creation of that zone. If the results of the election are in favor of the abolition or decrease in size of that zone, it shall be abolished or decreased, respectively, at the end of the fifth year following that special election. (e) The amount of the exemption for property in a zone may not be changed and the type of property subject to an exemption in a zone may not be decreased by the city council or board of commissioners after the passage of the respective city ordinance or county resolution creating that exemption under this Act, unless the zone and all exemptions on property therein are abolished as provided in this section. Section 9 . A zone in which inventories are to be exempted from ad valorem taxation under this Act may not be created nor may additional classes of inventories within an existing zone be exempted when the taxable value of the inventories to be exempt within the proposed or existing zone, respectively, plus the taxable value of inventories already exempt, under this Act, from taxation within all existing zones exceeds 10 percent of the current taxable value of all inventories within the city. (b) A zone in which real property is to be exempted from ad valorem taxation under this Act may not be created nor may real property within an existing zone be first granted an exemption when the taxable value of real property to be exempt within the proposed or existing zone, respectively, plus the taxable value of real property already exempt under this Act from taxation within all existing zones exceeds 10 percent of the total taxable value of all real property located within the city. (c) For purposes of this section, taxable value shall be taxable value for city purposes but shall be determined without regard to any exemption authorized by this Act. Section 10 . (a) The creation of a zone shall become effective on January 1, immediately following the adoption by the city council of an ordinance creating the zone.
Page 4103
(b) Exemptions from ad valorem taxes for city or county purposes upon inventory or real property in a zone shall become effective on January 1, immediately following the adoption of the appropriate ordinance by the city council or appropriate resolution by the board of commissioners, respectively. (c) No exemption from ad valorem taxation upon real property may be granted, unless application by the owner thereof is filed with the tax commissioner of Fulton County on or before April 1 of each year for which the exemption is sought. The application shall be under oath and shall contain such information as the tax commissioner may require, including but not limited to evidence of the value of improvements to the property made since creation of the zone. The tax commissioner of Fulton County shall determine the eligibility of an applicant to claim the exemptions. This determination of eligibility shall be subject to appeal by certiorari to the Superior Court of Fulton County. All such appeals must be filed within 30 days after a final determination of eligibility under this subsection. Section 11 . The tax commissioner of Fulton County shall identify upon the tax digest of the city, including without limitation the copy of that digest submitted to the state revenue commissioner pursuant to Code Section 48-5-302 of the O.C.G.A., that property exempted from taxation under this Act and the amount of that exemption. Section 12 . The city council shall annually submit a report to the board of commissioners, the Department of Community Affairs, and the local legislative delegations of the city and county. The report shall include: (1) The location, boundary, and size of all zones created in the immediately preceding calendar year and created since the effective date of this Act; (2) The current value of tax exemptions under this Act which became effective in the immediately preceding calendar year and since the effective date of this Act; (3) The current market value of all improvements and inventories in each zone as compared to that value upon the effective date of the creation of that zone; and
Page 4104
(4) The current number of jobs and types of jobs in each zone as compared to the number and types of jobs upon the effective date of the creation of that zone. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to provide for urban enterprise zones within the City of Atlanta for the purpose of abatement of certain ad valorem property taxes levied by the City of Atlanta and Fulton County; and for other purposes. This 26th day of January, 1983. Paul Bolster Representative, 30th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Bolster, who, on oath, deposes and says that he is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 26, February 2, 9, 1983. /s/ Paul Bolster Representative, 30th District
Page 4105
Sworn to and subscribed before me, this 15th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. BOARD OF COMMISSIONERS OF TALBOT COUNTYELECTION OF MEMBERS, TERMS OF OFFICE, ETC. No. 327 (House Bill No. 611). AN ACT To amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved February 17, 1877 (Ga. L. 1877, p. 263), an Act approved December 8, 1894 (Ga. L. 1894, p. 207), an Act approved July 27, 1904 (Ga. L. 1904, p. 287), and an Act approved August 14, 1925 (Ga. L. 1925, p. 749), so as to change the provisions relative to the election of members of the board of commissioners; to provide for terms of office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved February 17, 1877 (Ga. L. 1877, p. 263), an Act approved December 8, 1894 (Ga. L. 1894, p. 207), an Act approved July 27, 1904 (Ga. L. 1904, p. 287), and an Act
Page 4106
approved August 14, 1925 (Ga. L. 1925, p. 749), is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) There is created the Board of Commissioners of Talbot County, to be composed of three members elected by the qualified voters of Talbot County. (b) The members of the board who are in office on February 1, 1984, shall serve for the remainder of the terms of office to which they were elected, unless otherwise removed from office prior to the expiration of such terms. (c) The person elected to succeed the member whose term expires on December 31, 1984, shall have an initial term of office of four years and until his successor is duly elected and qualified. The person elected to succeed the member whose term expires on December 31, 1985, shall have an initial term of office of three years and until his successor is duly elected and qualified. Such person shall be elected in the general election to be held on the Tuesday following the first Monday in November of 1984. The person elected to succeed the member whose term expires on December 31, 1986, shall have an initial term of office of four years and until his successor is duly elected and qualified. Following the initial terms of office specified in this subsection, the terms of office of members of the board shall be for four years and until their respective successors are duly elected and qualified. (d) Except as otherwise provided in subsection (c) of this section, persons elected to the board shall take office on the first day of January immediately following their election. 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. An election for a successor to a member of the board of commissioners shall be held on the Tuesday following the first Monday in November immediately preceding the expiration of a term of office, except as otherwise provided in Section 1 of this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4107
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act establishing a board of commissioners for the County of Talbot, approved February 18, 1976 (Ga. L. 1976, p. 291), as amended; and for other purposes. This the 21st day of January, 1983. Claude A. Bray, Jr. Representative, 91st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr., who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following dates: January 27, February 3, 10, 1983. /s/ Claude A. Bray, Jr. Representative, 91st District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4108
CITY OF AUGUSTA AD VALOREM TAX EXEMPTIONS CONTINUED IN EFFECT. No. 328 (House Bill No. 569). AN ACT To provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 65 (Res. Act 165, HR 740, Ga. L. 1982, p. 2616), duly ratified at the 1982 general election and proclaimed by the Governor to be a part of the Constitution of Georgia, which amendment exempts from City of Augusta ad valorem taxes certain capital improvements of commercial and business establishments; 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 is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution, authorizing the continuation of certain amendments to the Constitution. Section 2 . Constitutional Amendment Number 65 (Res. Act 165, HR 740, Ga. L. 1982, p. 2616), duly ratified at the 1982 general election and proclaimed by the Governor to be a part of the Constitution of Georgia, which amendment exempts from City of Augusta ad valorem taxes certain capital improvements of commercial and business establishments, shall not be repealed or deleted upon July 1, 1987, as part of the Constitution ratified at the general election in 1982 but is specifically continued in force and effect on and after that date as part of that Constitution. Section 3 . This Act shall become effective on July 1, 1983.
Page 4109
Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that Local Legislation will be introduced at the regular 1983 session of the General Assembly of Georgia to maintain the provisions of a local constitutional amendment pertaining to the City of Augusta found in Georgia Laws 1982 at pages 2616-2617 providing that all new capital improvements of each new or existing commercial or business establishment located in the City of Augusta shall be exempt from ad valorem taxes, except taxes to retire bonded indebtedness, levied by the City of Augusta for a period of five years provided said improvements have a fair market value of one hundred thousand ($100,000.00) dollars or more; providing an effective date and for other purposes. N. Kenneth Daniel Attorney for the City Council of Augusta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell, who, on oath, deposes and says that he 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 22, 29, and February 5, 1983. /s/ Jack Connell Representative, 87th District
Page 4110
Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 16, 1983. CITY OF PALMETTO CORPORATE LIMITS EXTENDED. No. 329 (House Bill No. 410). AN ACT To amend an Act establishing a new charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, so as to annex into the corporate limits of the city certain property upon which the City of Palmetto reservoir is located; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a new charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, is amended by adding at the end of Section 2.1 the following paragraph: The corporate limits shall also include all that tract or parcel of land located in Land Lots 3 and 4 of the 7th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the corner of Land Lots 3, 4, 29 and 30 of the 7th District of Fulton
Page 4111
County, being the junction of the northeast corner of Land Lot 3, the southeast corner of Land Lot 4, the southwest corner of Land Lot 29 and the northwest corner of Land Lot 30; thence proceed South 058'45 West 400 feet to a point; thence South 8858'45 West a distance of 200 feet to a point; thence South 326'20 West a distance of 316.2 feet to a point; thence South 5948' West a distance of 913.4 feet to a point; thence South 052'50 West a distance of 650.1 feet to a point; thence North 8914'10 West a distance of 300.2 feet to a point; thence North 3027'30 West a distance of 1074.4 feet to a point; thence North 8919'20 West a distance of 660 feet to a point; thence North 042'10 East a distance of 163 feet to the center of Cedar Creek and the POINT OF BEGINNING. From the POINT OF BEGINNING thus established, proceed South 042'10 West a distance of 163 feet to a point; thence South 8919'20 East a distance of 660 feet to a point; thence South 3027'30 East a distance of 1074.4 feet to a point; thence South 8914'10 East a distance of 300.2 feet to a point; thence North 052'50 East a distance of 650.1 feet to a point; thence North 5948' East a distance of 913.4 feet to a point; thence North 3206'20 East a distance of 316.2 feet to a point; thence North 8858'45 East a distance of 200 feet to a point; thence North 058'45 East a distance of 1175 feet to a point; thence North 8714'08 West a distance of 650 feet to a point; thence North 1913'20 West a distance of 650 feet to a point; thence North 0817'50 East a distance of 770.2 feet to a point; thence North 5158'30 West a distance of 349.8 feet to a point; thence South 1454'50 West a distance of 818.9 to a point; thence South 0156'20 West a distance of 650 feet to a point; thence North 8807'20 West a distance of 300 feet to a point; thence North 3727'10 West a distance of 600 feet to a point; thence North 0134' East a distance of 596.7 feet to a point; thence North 8826' West a distance of 300 feet to a point; thence South 0133'50 West a distance of 1909.3 feet to a point; thence South 8918'50 West 250.4 feet to a point; thence South 8916'38 West 845.5 feet to a point; thence South 033'22 East a distance of 30 feet to a point; thence North 8916'38 East a distance of 840 feet to a point; thence South 041'44 West a distance of 674.4 feet to the center of Cedar Creek; thence in a northeasterly direction up the center of Cedar Creek a distance of approximately 253 feet to the POINT OF BEGINNING. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 4112
Notice of Intent to Introduce Local Legislation. Notice is hereby given that the City of Palmetto, Georgia, intends to apply for passage of local legislation at the 1983 session of the General Assembly of the State of Georgia, convening in January, 1983, to amend the Charter of the City of Palmetto, Georgia (Georgia Laws 1966, p. 2771, et seq., as amended) so as to annex into the city limits of the City of Palmetto that property owned by the City of Palmetto upon which is located the City of Palmetto water reservoir; and to provide a clear statement of its city limits in its Charter. Kirby A. Glaze City Attorney, City of Palmetto Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 11, 18, 25, days of January, 1983. As provided by law. /s/ Frances K. Beck
Page 4113
Subscribed and sworn to before me this 1 day of February, 1983. /s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal). Approved March 16, 1983. PORTION OF EDUCATIONAL FUNDS COLLECTED BY CLAYTON COUNTY TAX COMMISSIONER TO BE RETAINED AND REMITTED TO COUNTY. No. 330 (House Bill No. 408). AN ACT To provide that the tax commissioner of Clayton County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Clayton County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for 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 . The tax commissioner of Clayton County shall remit all educational funds collected by said officer to the board of education of Clayton County, except that 1.60 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Clayton County to reimburse the county for the cost of collecting school taxes.
Page 4114
Section 2 . It is the intention of this Act to reduce the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is pursuant to the specific authority of Paragraph III of Section VI of Article VIII of the Constitution of the State of Georgia. Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended; and for other purposes. This 6th day of January, 1983. Honorable Jimmy Benefield Chairman, Clayton County Legislative Delegation Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Lee, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ Bill Lee Representative, 72nd District
Page 4115
Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. ATKINSON COUNTY BOARD OF COMMISSIONERSCOMPENSATION, ELECTION OF CHAIRMAN, ETC. REFERENDUM No. 331 (House Bill No. 350). AN ACT To amend an Act creating the office of commissioner of Atkinson County, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), so as to change the compensation of the chairman and the other members of the board; to provide for the election of the chairman; 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 creating the office of commissioner of Atkinson County, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L.
Page 4116
1968, p. 2882), is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The chairman of the board shall receive an annual salary of not less than $10,800.00 and not more than $15,000.00, the exact amount to be determined by a majority vote of the board of commissioners of Atkinson County. Changes in the salary of the chairman shall become effective immediately after being voted upon by a majority of the board of commissioners of Atkinson County. If the chairman does not devote his entire time to the discharge of his duties as chairman of the board, then he shall receive only the salary provided in subsection (b) of this section for other members of the board. (b) The other members of the board shall each receive an annual salary of not less than $1,200.00 and not more than $2,400.00, the exact amount to be determined by a majority vote of the board of commissioners. (c) All salaries shall be paid monthly out of the general funds of the county. Section 2 . 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) Candidates seeking election to the board of commissioners shall announce at the time they qualify whether or not they desire to be elected chairman of the board of commissioners. The election superintendent shall provide an appropriate space on the ballot for the election of the chairman of the board of commissioners. The names of all candidates for the office of chairman shall be placed on the ballot in such manner so that the voters in the election shall be able to vote for a chairman of the board of commissioners. Upon qualification of the members of the board of commissioners elected for a term of office, the elected member of the board with the highest number of votes received as chairman of the board of commissioners shall be declared the chairman of the board for his term of office. In the event no person offering for the office of chairman is elected as a member of the board of commissioners, then the members of the board shall elect a chairman from among their membership. In the event of the death, resignation, or inability of the duly elected member to serve as chairman, the members of the board
Page 4117
shall elect from among their membership an acting chairman who shall serve until such time as the judge of the probate court of said county shall call an election to fill the unexpired term of office of the chairman. The judge of the probate court shall issue the call for an election to fill a vacancy in the office of chairman within 20 days after such acting chairman has been elected by the board. The judge of the probate court shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. (b) The chairman of the board shall post a bond in the amount of $10,000.00 for the faithful performance of his duties and for the protection of all county funds. The bond shall be approved by and payable to the judge of the probate court. Section 3 . Not less than 30 nor more than 60 days prior to the date of the Georgia Presidential Preference Primary in 1984, it shall be the duty of the election superintendent of Atkinson County to issue the call for an election for the purpose of submitting this Act to the electors of Atkinson County for approval or rejection. The superintendent shall set the date of such election to coincide with the Georgia Presidential Preference Primary to be conducted in 1984. 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 Atkinson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the compensation of the chairman and the other members of the board of commissioners and for the election of the chairman of the board of commissioners by the voters of Atkinson 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 Atkinson County. It shall be the duty of the superintendent to hold and conduct such
Page 4118
election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of Atkinson County, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, so as to change the compensation of the chairman and the other members of the board; to provide for the election of the chairman; to provide for other matters relative to the foregoing; and for other purposes. This 8th day of January, 1983. Honorable Tom Crosby, Jr. Representative, 150th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: January 12, 19 and 26. /s/ Tom Crosby, Jr. Representative, 150th District
Page 4119
Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 8, 1984. (Seal). Approved March 16, 1983. MAYOR OF CITY OF MARIETTAVETO POWER. No. 333 (House Bill No. 689). AN ACT To amend an Act creating a new charter for the City of Marietta in Cobb County, approved March 23, 1977 (Ga. L. 1977, p. 3541), so as to grant to the mayor a veto power; to provide for 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 Marietta in Cobb County, approved March 23, 1977 (Ga. L. 1977, p. 3541), is amended by adding a new Section 2.11A to read as follows: Section 2.11A. (a) Every ordinance adopted by the city council shall be presented promptly by the council to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the council 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 council. If the ordinance is neither approved nor disapproved, it shall become law at
Page 4120
12:00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council a written statement of his reasons for his veto. The council shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be considered by 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 five 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 by the affirmative vote of five members. The reduced part or parts shall be presented to city council as though disapproved and shall become law unless overridden by the council by the affirmative vote of five members. (e) Every action of the city council which is taken by vote of the city council other than the enactment of an ordinance shall be subject to disapproval by the mayor. Any such action shall become effective unless it is disapproved by the mayor at the meeting at which the vote is taken; and if such an action is so disapproved by the mayor it shall thereafter become effective only if the five members of the city council affirmatively vote at the same or the next meeting of the city council to take such action over the disapproval of the mayor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Marietta, Georgia in Cobb County and creating new charter for said city approved March 23, 1977, (Ga. L. 1977, p. 35-41), and for other purposes.
Page 4121
This 31st day of Dec., 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District
Page 4122
Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. CLERK OF PROBATE COURT OF COBB COUNTYCOMPENSATION. No. 334 (House Bill No. 693). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the clerk of the Probate Court of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
Page 4123
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 $22,000.00 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1983 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 31st day of December, 1982.
Page 4124
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4125
COBB SUPERIOR COURTSALARY SUPPLEMENT OF JUDGES. No. 335 (House Bill No. 695). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is amended by striking Section 4H in its entirety and inserting in lieu thereof a new Section 4H to read as follows: Section 4H. Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $9,752.00, payable in equal monthly installments from the funds of Cobb County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4126
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating the Cobb County Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184) as heretofore amended; and for other purposes. This 31st day of Dec. 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983.
Page 4127
/s/ George W. Darden Representative, 20th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. COBB COUNTY PROBATE JUDGECOMPENSATION. No. 336 (House Bill No. 697). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking in its entirety Section 2A of said Act, which reads as follows:
Page 4128
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., and inserting in lieu thereof the following: Section 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $40,735.00, to be paid in equal monthly installments from the funds of Cobb County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1983 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 31st day of December, 1982.
Page 4129
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4130
JEFF DAVIS COUNTYCOMPOSITION OF EDUCATION DISTRICTS. No. 337 (House Bill No. 751). AN ACT To amend an Act providing for the election of the board of education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), so as to change the composition of the education districts from which the members of the board of education are elected; to provide 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 of the board of education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), is amended by adding after Section 1 a new Section 1A to read as follows: Section 1A. For the purpose of electing members of the board of education of Jeff Davis County in 1984 and thereafter, the Jeff Davis County school district is divided into six education districts. Each such district shall consist of a portion of the Jeff Davis County school district, described as follows: Education District Number 1: Beginning at the Intersection of the Altamaha River and U. S. Highway 221 (GA 135) and proceeding southward along this Highway to its intersection with the Southern Railroad line within the municipal boundaries of the City of Hazlehurst. The District line then turns northwest and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns
Page 4131
northeast and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highways 341 23 (GA 19 27). The District line then follows this Highway northwest to the intersection with County Road 18 where it turns north and follows CR 18 to its intersection with County Road 114. The District line then follows CR 114 to its intersection with County Road 185. The District line then proceeds northward until it intersects with the Ocmulgee River. Education District Number 2: Beginning at the intersection of the Altamaha River and U. S. Highway 221 (GA 135) and proceeding southward along this highway to its intersection with the Southern Railroad line within the municipal boundaries of the City of Hazlehurst. The District line then turns southeast and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns southwest and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highway 23 (GA 19). The District line then proceeds southeastward along this Highway to its intersection with County Road 173 where it turns east and follows CR 173 to its intersection with County Road 257. The District line then follows CR 257 southeast to its intersection with County Road 172 where it turns northeast and follows CR 172 to the County Line of Jeff Davis and Appling Counties. Education District Number 3: Beginning at the intersection of the Coffee County line and County Road 293 and proceeding north along CR 293 to its intersection with County Road 249 where it follows CR 249 west to U. S. Highway 221 (GA 135). The District line then proceeds north along this highway to the municipal boundary of the City of Hazlehurst where it turns east and follows the municipal boundary of the City of Hazlehurst until it intersects with County Road 293. The District line then follows CR 293 north to its intersection with U. S. Highway 23 (GA 19) where it proceeds northwest to the intersection of U. S. Highway 221 (GA 135) and Georgia Highway 268. The District line then follows U. S. Highway 221 (GA 135) north to its intersection with the Southern Railroad line. The District line then turns southeast and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns southwest and follows the municipal
Page 4132
boundary of the City of Hazlehurst to its intersection with U. S. Highway 23 (GA 19). The District line then proceeds southeast along this Highway to its intersection with County Road 173 where it turns east and follows CR 173 to its intersection with County Road 257. The District line then follows CR 257 southeast to its intersection with County Road 172 where it turns northeast and follows CR 172 to the County Line of Jeff Davis and Appling Counties. Education District Number 4: Beginning at the intersection of the Coffee County line and County Road 293 and proceeding north along CR 293 to its intersection with County Road 249 where it follows CR 249 west to U. S. Highway 221 (GA 135). The District line then proceeds north along this highway to the municipal boundary of the City of Hazlehurst where it turns east and follows the municipal boundary of the City of Hazlehurst until it intersects with County Road 293. The District line then follows CR 293 north to its intersection with U. S. Highway 23 (GA 19) where it proceeds northwest to the intersection of U. S. Highway 221 (GA 135) and Georgia Highway 268. The District line then follows GA 268 to its intersection with County Road 8 and then follows County Road 8 to its intersection with County Road 10. The District line then follows County Road 10 south to its intersection with GA 268 where it proceeds southwest to the intersection with Georgia Highway 107. The District line then follows GA 107 west to the Coffee County line. Education District Number 5: Beginning at the intersection of the Coffee County line and Georgia Highway 107 and proceeding east to the intersection with Georgia Highway 268. The District line then follows GA 268 northeast to its intersection with County Road 10 where it follows CR 10 to its intersection with County Road 8. The District line then follows County Road 8 east to its intersection with GA 268 where it proceeds northeast to the intersection with U. S. Highway 221 (GA 135). The District line then follows U. S. Highway 221 (GA 135) north to its intersection with the Southern Railroad line. The District line then turns northwest and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns northeast and follows the municipal boundary of
Page 4133
the City of Hazlehurst to its intersection with U. S. Highways 341 23 (GA 19 27). The District line then follows this Highway northwest to the intersection with County Road 18 where it turns north and follows CR 18 to its intersection with County Road 114. The District line then follows CR 114 to its intersection with County Road 185. The District line then proceeds northward until it intersects with the Ocmulgee River. Education District Number 6: All the territory lying within Education Districts 1, 2, 3, 4, and 5. The seven members of the board of education of Jeff Davis County shall continue to be elected for the same terms and in the same manner as provided in Section 1 of this Act. Section 2 . This Act shall become effective on January 1, 1984. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act to provide for the election of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), so as to reapportion the education districts; and for other purposes. Roger Byrd Representative, 153rd District Post 2
Page 4134
Publisher's Affidavit. Georgia, Jeff Davis County. In person appeared, Thomas H. Purser, Editor and publisher of the Jeff Davis County Ledger, a newspaper published in said county in which sheriff sales and advertisements are published, and as such deponent says that the following notice was published in said paper on February 2, February 9, and February 16, 1983. This 16th day of February, 1983. /s/ Thomas H. Purser Editor and Publisher Sworn to and subscribed before me, this 16th day of February, 1983. /s/ Lonnie V. Roberts Notary Public. My Commission Expires 11/5/84. (Seal). Approved March 16, 1983. CITY OF PALMETTOCORPORATE LIMITS EXTENDEDREFERENDUM. No. 338 (House Bill No. 784). AN ACT To amend an Act providing a new charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, so as to
Page 4135
annex into the city limits of the City of Palmetto that property generally located northeast of the present city limits and lying and being between Roosevelt Highway and the northern land lot line of Land Lot 124 on the north, the eastern land lot line of Land Lot 124 to the east, the southern lines of Land Lots 124 and 101 and Johnson Road to the south, and by the present city limits to the east; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, is amended by adding at the end of Section 2.1 the following: The corporate limits of the City of Palmetto shall also include the following described property: All that tract or parcel of land lying and being in Land lots 68, 92, 93, 100, 101 and 124 of the 7th District of Fulton County, being more particularly described as follows: BEGINNING at that point where the northern right-of-way of Roosevelt Highway intersects with the present city limits of the City of Palmetto in Land Lot 68 and traveling thence in a northeasterly direction along the present north right-of-way of Roosevelt Highway to that point at which the northern right-of-way of Roosevelt Highway intersects with the northern boundary of Land Lot 124; thence in a easterly direction following the northern land lot line of 124 to the eastern boundary of Land Lot 124 where said land lot forms a corner with Land Lots 123, 133 and 134; thence in a southerly direction following the eastern boundary of Land Lot 124 to the southeastern corner of Land Lot 124, where said land lot intersects with and forms a corner with Land Lots 125, 132 and 133; thence in a westerly direction along the southern boundaries of Land Lots 124 and 101 to a point at which the southern boundary of Land Lot 101 intersects with the western right-of-way of Bowen Road; running thence in a southerly direction along the western right-of-way of Bowen Road to a point where the western right-of-way of Bowen Road intersects with the northern right-of-way of Johnson Road; thence following the curvature of the northern right-of-way of Johnson Road in a westerly direction to a point where the north side of the right-of-way of Johnson Road intersects the present corporate
Page 4136
city limits of the City of Palmetto; thence northwest and northwesterly along the present corporate limits of the City of Palmetto, following the curvature thereof, to the POINT OF BEGINNING. LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lots 93 and 100 of the 7th District of Fulton County and being lots now or formerly owned by Gerald L. Thompson and Rebecca Lee Thompson, and more particularly described as follows: BEGINNING at a point where the center line of Johnson Road intersects the line dividing Land Lots 93 and 100 and running thence westerly along the center line of Johnson Road a distance of 1092 feet to a point; thence north 724 feet to a point; thence west 259 feet to a point; thence north 1094 feet to the center of a branch; thence easterly along the center line of said branch 87 feet and continuing southeasterly along the meanderings of said branch 1243 feet, more or less, to the line dividing Land Lots 93 and 100; thence easterly 1240 feet, more or less, to the center line of Bowen Road; thence southerly along said center line 930 feet to a point; thence west 320 feet to a point; thence south 154 feet to the center line of Johnson Road; thence southwesterly and westerly along the center line of Johnson Road 1054 feet, more or less, to the land lot line to the POINT OF BEGINNING. This tract is more particularly described in deed from Nancy Lee Carswell to Gerald L. Thompson and Rebecca Lee Thompson recorded in Deed Book 6864, p. 429, Fulton County records; ALSO, LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lot 100 of the 7th District of originally Coweta, then Campbell, now Fulton County, Georgia, and being lots now or formerly owned by Gerald L. Thompson and Rebecca Lee Thompson, and being more particularly described as follows: BEGINNING at the intersection of Bowen Road and Johnson Road, thence along the north side of Johnson Road in a southwesterly direction a distance of 344 feet; thence north a distance of 122 feet; thence east a distance of 320 feet to the west side of Bowen Road; thence south along the west side of Bowen Road a distance of 52 feet, said point being the POINT OF BEGINNING. This property is more particularly described in a deed from Lee, Watson Watson to Thompson, recorded in Deed Book 6071, p. 80 of the Fulton County records;
Page 4137
ALSO, LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lot 93 of the 7th District of originally Campbell County, now Fulton County, Georgia, and being land now or formerly owned by Gerald L. Thompson and Rebecca Lee Thompson, being more particularly described as follows: BEGINNING at a point on the north side of the right-of-way of Johnson Road 160 feet west of the intersection of said east line of Land Lot 93 and the right-of-way of Johnson Road on the north side; running thence north parallel to the east line of Land Lot 93, a distance of 720 feet; thence west 285 feet to an iron pin; thence south parallel to the east line of Land Lot 93, a distance of 692.5 feet to the right-of-way of Johnson Road; thence east along the right-of-way of Johnson Road a distance of 285 feet to the POINT OF BEGINNING. Said tract is more particularly described in a deed from Alton D. Thompson, Jr. and Rebecca Lee Thompson to Gerald L. Thompson and Rebecca Lee Thompson and recorded in Deed Book 5965, p. 423 of the Fulton County records; ALSO, LESS AND EXCEPT all that tract or parcel of land lying and being in Fulton County, Georgia, and being property now or formerly owned by James W. Parrott and Linda F. Parrott and being more particularly described as follows: BEGINNING at a point in the center of Tatum Road at its intersection with the south, or southeast line of the right-of-way of the Atlanta and West Point Railroad, and running thence south 37 degrees 30 minutes east a distance of 350 feet along the center of Tatum Road; running thence south 16 degrees 45 minutes east a distance of 500 feet along Tatum Road; running thence south 28 degrees 30 minutes east a distance of 400 feet along the center of Tatum Road; running thence west 253 feet to an iron pin; running thence north 27 degrees 15 minutes west along a fence a distance of 1130 feet, more or less, to an iron pin at the south or southeast line of the right-of-way of the Atlanta and West Point Railroad; running thence northeasterly along said right-of-way a distance of 252 feet, more or less to the center of Tatum Road and the POINT OF BEGINNING. Said tract is more particularly described in a deed from Flynt to Parrott and Parrott and recorded in Book 5050, page 68, Fulton County records. ALSO, LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lot 68, District 7 of Fulton County and being
Page 4138
property now or formerly owned by Velita R. Morris and being more particularly described as that lot being triangular in shape as formed by the southern right-of-way of Roosevelt Highway, the western right-of-way of State Highway 54 (Phipps Road) and the northeastern property line of a lot now or formerly owned by the Ramah Baptist Church. This lot is further identified as parcel number 07-3100-0069-065-9 of the Real Estate Atlas of Fulton County, Georgia, Map Volume, South Part 1, 12th Edition, Published 1982. Section 2 . Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Palmetto to issue the call for an election for the purpose of submitting this Act to the electors of the City of Palmetto for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act annexing into the city limits of the City of Palmetto that property generally located northeast of the present city limits and lying between Roosevelt Highway and the northern land lot line of Land Lot 124 on the north, eastern land lot line of Land Lot 124 to the east, the southern lines of Land Lots 124 and 101 and Johnson Road to the south and by the present city limits to the east be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Palmetto. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Page 4139
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Palmetto, Georgia, intends to apply for passage of local legislation at the 1983 session of the General Assembly of the State of Georgia, convening in January, 1983, to amend the Charter of the City of Palmetto, Georgia (Georgia Laws 1966, p. 2771, et seq., as amended) so as to annex into the city limits of the City of Palmetto property located in Land Lots 92, 93, 101, 100 and 124 of Fulton County, and being bounded by the northern side of Roosevelt Highway and Land Lot 124 and southerly, more or less by Land Lots 124, 101, Bowen Road and Johnson Road. Kirby A. Glaze City Attorney, City of Palmetto Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 January, 1983, and on the 4 day of February, 1983. As provided by law. /s/ Frances K. Beck
Page 4140
Subscribed and sworn to before me, this 9 day of February, 1983. /s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal). Approved March 16, 1983. CITY OF HOBOKENRECORDER'S COURT FINES. No. 339 (House Bill No. 785). AN ACT To amend an Act providing a new charter for the City of Hoboken, Georgia, approved March 24, 1976 (Ga. L. 1976, p. 3060), so as to change certain fines; 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 Hoboken, Georgia, approved March 24, 1976 (Ga. L. 1976, p. 3060), is amended by striking from subsection (a) of Section 4.04 thereof the following: $200.00, and inserting in its place the following: $350.00,
Page 4141
so that when so amended said subsection shall read as follows: (a) The recorder's court shall try and punish for crimes against the City of Hoboken 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 $100.00 or 30 days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $350.00 or imprisonment for 60 days, or both, and as an alternative to fine or imprisonment, may sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 60 days. Section 2 . Said Act is further amended by striking from Section 7.03 thereof the following: $200.00, and inserting in its place the following: $350.00, so that when so amended said section shall read as follows: Section 7.03. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $350.00 or by imprisonment not to exceed 60 days, or both. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1983 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Hoboken (Ga. L. 1976, p. 3060) approved March 24, 1976; to increase the authority of the Recorder's Court of Hoboken to levy fines from the amount of $200.00 to the amount of $1,000.00; to repeal conflicting laws; and for other purposes.
Page 4142
Linda Martin, Clerk Stanley Edwards, Mayor City of Hoboken 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 is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 6, 13, 20, 1983. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4143
RICHMOND COUNTYEXEMPTION OF CERTAIN PROPERTY FROM AD VALOREM TAXES CONTINUED. No. 340 (House Bill No. 388). AN ACT To provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 74 (Res. Act 147, H.R. 632-1889, Ga. L. 1974, p. 1709), duly ratified at the 1974 general election and proclaimed by the Governor to be a part of the Constitution of Georgia of 1945, which amendment exempts the capital improvements of certain manufacturing establishments and certain additions thereto from all Richmond County ad valorem property taxes, except school taxes, for a period of five years following their establishment or addition; 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 is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution, authorizing the continuation of certain amendments to the Constitution. Section 2 . Constitutional Amendment Number 74 (Res. Act 147, H.R. 632-1889, Ga. L. 1974, p. 1709), duly ratified at the 1974 general election and proclaimed by the Governor to be a part of the Constitution of Georgia of 1945, which amendment exempts the capital improvements of certain manufacturing establishments and certain additions thereto from all Richmond County ad valorem property taxes, except school taxes, for a period of five years following their estasblishment or addition, shall not be repealed or deleted upon July 1, 1987, as part of the Constitution ratified at the general election in 1982 but is specifically continued in force and effect on and after that date as part of that Constitution. Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed.
Page 4144
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia an Act to maintain the provisions of a local constitutional amendment applying to Richmond County, Georgia, as found in Ga. Laws 1974, page 1709, providing that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County; providing an effective date; and for other purposes. This 17th day of December, 1982. Jack Connell Representative, 87th District Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, Paul S. Simon, 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 24, 31, 1982, and January 7, 1983. /s/ Paul S. Simon President, Southeastern Newspapers Corporation, Publisher of The Augusta Herald, Richmond County, Georgia
Page 4145
Sworn to and subscribed before me, this 7th day of January, 1983. /s/ JoAnn M. Lundquist Notary Public, Georgia State at Large. My Commission Expires June 23, 1986. (Seal). Approved March 16, 1983. STATE COURT OF DECATUR COUNTYCOMPENSATION OF JUDGE AND SOLICITORTERMS OF COURT, ETC. No. 341 (House Bill No. 443). AN ACT To amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, so as to change the compensation provisions relating to the judge and the solicitor of said court; to change the provisions relating to terms of court; to change the provisions relating to trials by jury; to provide 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 Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, is amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows:
Page 4146
Section 4A. The judge of the State Court of Decatur County shall receive an annual salary of $15,000.00 to be paid in equal monthly installments from county funds. The judge shall also be entitled to an expense allowance of $100.00 per month. Section 2 . Said Act is further amended by striking Section 8A in its entirety and inserting in lieu thereof a new Section 8A to read as follows: Section 8A. The solicitor of the State Court of Decatur County shall receive an annual salary of $12,000.00 to be paid in equal monthly installments from county funds. The solicitor shall also be entitled to an expense allowance of $100.00 per month. Said compensation shall be in full for all services rendered by the solicitor, and he shall receive no other compensation for said services. With the approval of the judge of the state court, the solicitor shall be empowered to employ, at his own expense, an assistant to assist him in carrying out his duties. Section 3 . Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. The regular terms of the State Court of Decatur County shall be held monthly, beginning on the third Monday of each month. The judge of said court shall have power to hold said court in session so long as in his judgment the same may be necessary and to adjourn the same from one day to another as he may see proper. Section 4 . Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows: Section 16. (a) The judge of the State Court of Decatur County shall have power and authority to hear and determine all civil and criminal cases in which said court has jurisdiction. All cases, both civil and criminal, over which the court has jurisdiction shall be tried by the judge without a jury unless one party to the case shall demand, in writing, a trial by jury as to civil cases at the time of filing the suit or when defensive pleadings are filed and, in criminal cases, at the time of pleading to the accusation.
Page 4147
(b) The jury in criminal cases shall consist of six jurors to be stricken alternately by the state and the defendant from a panel of 12 qualified, prospective jurors. The state shall be entitled to three peremptory strikes, and the defendant shall be entitled to three peremptory strikes. The state shall be entitled to the first such strike and the defendant shall be entitled to the last such strike, and the six remaining jurors shall compose the jury for the trial of the case. (c) The jury in civil cases shall consist of six jurors to be stricken alternately by the plaintiff and the defendant from a panel of 12 qualified, prospective jurors. The plaintiff shall be entitled to three peremptory strikes and the defendant shall be entitled to three peremptory strikes. The plaintiff shall be entitled to the first such strike and the defendant shall be entitled to the last such strike. The six remaining jurors shall compose the jury for the trial of the case. Section 5 . Said Act is further amended by striking Section 26 in its entirety and inserting in lieu thereof a new Section 26 to read as follows: Section 26. All laws with reference to juries, including the disqualification, impaneling, challenging, or fining of jurors, now in force or hereafter to be enacted regulating the same in the superior courts shall apply to and be observed in the state court, except when inconsistent with the provisions of this Act. Section 6 . Said Act is further amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows: Section 27. All civil cases in which no jury is demanded by either party shall be tried by the court in regular term. The court shall be open for trial of criminal cases at all times. Section 7 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed.
Page 4148
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Decatur (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended; and for other purposes. This 12th day of January, 1983. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: January 12, 19, 26, 1983. /s/ Walter Cox Representative, 141st District Sworn to and subscribed before me, this 26th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4149
BOARD OF COMMISSIONERS OF MONTGOMERY COUNTYCOMPENSATION AND EXPENSES OF MEMBERS CHANGED. No. 342 (House Bill No. 470). AN ACT To amend an Act creating the Board of Commissioners of Montgomery County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to change the provisions relating to the compensation and expenses of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Montgomery County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, is amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. (a) The Chairman of the Board of Commissioners shall be compensated in the amount of $250.00 per month, and, in addition thereto, the Chairman shall receive $100.00 per month as an expense allowance. (b) The members of the Board of Commissioners other than the Chairman shall be compensated in the amount of $100.00 per month and may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties as members of the board. (c) The compensation and expenses provided for in this Section shall be paid from the funds of Montgomery County. Section 2 . This Act shall become effective on January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4150
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Montgomery County, approved February 21, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 2729) as amended; and for other purposes. This 4th day of January, 1983. Julian Warnock Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips, who, on oath, deposes and says that he 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 19, 26, and February 2, 1983. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4151
WHEELER COUNTYCOMPENSATION OF COMMISSIONER CHANGED. No. 343 (House Bill No. 471). AN ACT To amend an Act creating the office of commissioner of Wheeler County, approved August 7, 1924 (Ga. L. 1924, p. 378), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 2870) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3661), so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of commissioner of Wheeler County, approved August 7, 1924 (Ga. L. 1924, p. 378), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 2870) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3661), is amended by striking Section 2 of the amendatory Act approved April 5, 1961 (Ga. L. 1961, p. 2870), as amended by the Act approved April 6, 1981 (Ga. L. 1981, p. 3661) 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 $14,000.00 to be paid from the funds of Wheeler County. Said salary shall be paid in weekly, semimonthly, or monthly installments as the commissioner shall 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.
Page 4152
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Legal Notice. Notice is hereby given that there will be introduced in the 1982 regular session of the General Assembly of Georgia, an Act to amend a certain Act and Acts passed thereafter concerning the Commissioner of Wheeler County, Georgia (Georgia Laws 1915, Page 430). The purpose of said legislation will be to provide for a change in the manner of compensation of the Wheeler County Commissioner and for an effective date for such legislation, and for other purposes. Stanley Smith, County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: December 28, 1982, January 5, 12, 1983. /s/ L. L. Phillips Representative, 120th District
Page 4153
Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAMCOMPENSATION OF MEMBERS CHANGED. No. 344 (House Bill No. 475). AN ACT To amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the provisions relating to the compensation of the members and chairman 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 relating to the Board of Public Education for the City of Savannah and the County of Chatham, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The members of the board shall each receive $3,600.00 per annum and the chairman of the board shall receive $6,000.00 per
Page 4154
annum as full compensation for their duties. Such compensation shall be paid to each member and to the chairman in equal monthly installments from the funds of Chatham 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 repealed. Notice is hereby given that there will be introduced at the 1983 Session of the Georgia General Assembly a Bill to amend an Act approved March 21, 1968, (Ga. L. 1968 p. 2536) and related Acts, pertaining to the Board of Education for the City of Savannah and the County of Chatham and relating to the amount of compensation paid to Members of the elected Board of Education and an Act to amend the Districts from which they are elected and the length of the terms that the elected Members shall serve on the Board of Education and Acts relating to other matters relating to said Board of Education. This 29th day of December, 1982. Edward H. Lee School Board Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anne Mueller, who, on oath, deposes and says that she is Representative from the 126th District, and that the attached copy of Notice of Intention to Introduce Local Legislation
Page 4155
was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: January 5, 12, 19, 1983. /s/ Anne Mueller Representative, 126th District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. RABUN COUNTYCLERK OF SUPERIOR COURTCOMPENSATION. No. 345 (House Bill No. 595). AN ACT To amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, approved March 3, 1964 (Ga. L. 1964, p. 2241), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2629) and by an Act approved March 18, 1980 (Ga. L. 1980, p. 3329), so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the clerk of the Superior Court of Rabun County on an annual salary, approved March 3, 1964 (Ga. L. 1964, p. 2241), as amended by an Act approved February 18, 1977 (Ga.
Page 4156
L. 1977, p. 2629) and by an Act approved March 18, 1980 (Ga. L. 1980, p. 3329), is 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 of Rabun County shall receive an annual salary of $19,550.00, payable in equal monthly installments from the funds of Rabun County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to revise and amend the salary of the Clerk of Superior Court of Rabun County, Georgia, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following dates: December 23, 30, 1982 and January 6, 1983. /s/ Ralph Twiggs Representative, 4th District
Page 4157
Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. JUDGE OF PROBATE COURT OF LIBERTY COUNTYMETHOD OF COMPENSATION CHANGED, ETC. No. 346 (House Bill No. 601). AN ACT To abolish the present mode of compensating the judge of the Probate Court of Liberty 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 an exception; 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 a clerk by said officer; to provide for the compensation for such clerk; to provide for other personnel; to provide an effective date; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the judge of the Probate Court of Liberty County, known as the fee system, is abolished and, in lieu thereof, an annual salary for such officer is prescribed as provided in this Act.
Page 4158
Section 2 . The judge of the probate court shall receive an annual salary of not less than $20,000.00, the exact amount to be determined by the governing authority of Liberty County. In addition to the annual salary, the judge of the probate court shall receive not less than $2,400.00 per annum for those services relating to the conduct of elections, the exact amount to be determined by the governing authority of Liberty County. The annual salary and additional compensation of the judge of the probate court shall be payable in equal monthly installments from county funds. The annual salary and additional compensation shall be the sole compensation for services of the judge of the probate court in any capacity except those services for copies or searches by local custodians of vital records as provided in Code Section 31-10-27 of the O.C.G.A. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity except as provided in Section 2 of this Act and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4 . The judge of the probate court shall be authorized to appoint a clerk to assist in carrying out the duties of the office. The said clerk shall receive a salary of not less than $5,512.00 per annum, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Liberty County. The judge of the probate court shall have the authority to appoint such other deputies, clerks, assistants, and other personnel deemed necessary to discharge efficiently and effectively the official duties of the office. The judge of the probate court shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the 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
Page 4159
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 the term of office to which elected, 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 or her sole discretion. Section 5 . The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of the personnel in the office of the judge of the probate court, shall be paid for any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Liberty 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 supplementing the fees of the judge of the Probate Court of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2342), as amended, is repealed in its entirety. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1983 session of the General Assembly of Georgia, a bill to change the method of compensation of and the amount of compensation of the Liberty County Probate Judge; to provide for related matters; and for other purposes.
Page 4160
This the 25th day of January, 1983. James M. Floyd Chairman, Liberty County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe E. Brown, who, on oath, deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County, on the following dates: January 28, February 4, 11, 1983. /s/ Joe E. Brown Representative, 154th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4161
TOWN OF TAYLORSVILLE CHARTER AMENDMENTSREFERENDUM. No. 347 (House Bill No. 632). AN ACT To amend an Act creating and establishing a new charter for the Town of Taylorsville, approved February 8, 1937 (Ga. L. 1937, p. 2121), as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 2287), so as to correct and clarify the corporate limits of the Town of Taylorsville; to change the provisions relating to the election of the mayor and aldermen; to delete certain provisions relating to the registration of voters; to provide for a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a new charter for the Town of Taylorsville, approved February 8, 1937 (Ga. L. 1937, p. 2121), as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 2287), is amended by striking the first sentence of Section 1 which reads as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Town of Taylorsville in the County of Bartow, be incorporated as a town under the name of the Town of Taylorsville., and inserting in lieu thereof the following: Be it enacted by the General Assembly of the State of Georgia and it is enacted by the authority of the same, that from and after the passage of this Act, the Town of Taylorsville in the Counties of Bartow and Polk is incorporated as a town under the name of the Town of Taylorsville., so that when so amended, Section 1 shall read as follows:
Page 4162
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, that from and after the passage of this Act, the Town of Taylorsville in the Counties of Bartow and Polk is incorporated as a town under the name of the Town of Taylorsville. The corporate powers of said town shall be vested in a mayor and two aldermen and by the name of the mayor and aldermen they may sue and be sued and exercise all the corporate powers that may be necessary in performing their duties. Section 2 . Said Act is further amended by striking Section 2 which reads as follows: Section 2. Be it enacted by the authority aforesaid, That the corporate limit of said town shall extend twelve hundred (1200) yards every direction from an iron post in the north east corner of lot of land No. 1281 in the 17th District and 3rd section, Bartow County, Georgia., and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The corporate limits of the Town of Taylorsville shall extend twelve hundred (1,200) yards in every direction from a 4 diameter steel disk set in the center of Rockmart Street and Stilesboro Street at state plane coordinates N 1, 487, 378.21' and E 251,426.66' and as more particularly described by that certain survey prepared by A. Lee Smith, Smith Smith, Registered Land Surveyors, P.C., as will be recorded in the records of the clerks of the Superior Courts of Bartow and Polk counties. Section 3 . Said Act is further amended by striking Section 4, relating to the method of elections and terms of the mayor and aldermen, and inserting in lieu thereof a new Section 4 to read as follows: Section 4. On the second Wednesday in December, 1983, and every two years thereafter on the same day of the week and in the same month an election shall be held in the Town of Taylorsville for the election of the mayor and two aldermen, as provided in Section 13 of this charter. The mayor and aldermen shall serve for terms of two years and until their successors are elected and qualified. The election of the mayor and aldermen shall be conducted in accordance with Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Municipal Election Code.'
Page 4163
Section 4 . Said Act is further amended by striking Section 9 which reads as follows: Section 9. Be it further provided by the authority aforesaid, That it shall be the duty of all persons who desire to register to apply to the clerk in person and furnish satisfactory evidence of their qualifications of registration and in case the clerk is not satisfied as to the qualifications of such applicant he may require the following oath or affirmation to be made and taken by the applicant: `I do swear (or affirm) that I am a qualified voter for members of the House of Representatives in the General Assembly of Georgia from the County of Bartow, and that I have resided within the jurisdictional limits of the Town of Taylorsville for the period of six months last past, so help me God.' The clerk of said town shall be authorized to administer said oath and shall keep a record of same upon the registration book, and may refuse to register such persons as may decline to take the oath aforesaid. Such registration shall be permanent or until persons registering become disqualified as provided by the laws of Georgia or by this Act., in its entirety. Section 5 . Said Act is further amended by striking Section 13 which reads as follows: Section 13. Be it further enacted by the authority aforesaid, That the three persons who shall receive the highest number of votes in an election for mayor and aldermen shall be declared elected, Provided that the person receiving the highest number of votes shall be declared to be the mayor, or that the three persons receiving the highest number of votes may select among themselves which one shall be the mayor in case two persons should receive the same highest number of votes., and inserting in lieu thereof a new Section 13 to read as follows: Section 13. Candidates shall qualify either as a candidate for the office of mayor or as a candidate for the office of alderman. A person shall not be eligible to qualify as a candidate for both the office of mayor and the office of alderman. The candidate for the office of mayor receiving the largest number of votes shall be elected mayor. The two candidates for the offices of aldermen receiving the largest number of votes shall be elected aldermen.
Page 4164
Section 6 . (a) Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law without his approval, it shall be the duty of the election superintendent of the Town of Taylorsville to issue the call for an election for the purpose of submitting the legal description of the corporate limits provided in Section 2 of this Act to the electors of the area described in Section 2 of this Act for approval or rejection. (b) The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organs of Bartow and Polk counties. (c) The ballot shall have written or printed thereon the words: () YES () NO Shall the description of the corporate limits of the Town of Taylorsville which reads as follows: `The corporate limits of the Town of Taylorsville shall extend twelve hundred (1,200) yards in every direction from a 4 diameter steel disk set in the center of Rockmart Street and Stilesboro Street at state plane coordinates N 1,487,378.21' and E 251,426.66' and as more particularly described by that certain survey prepared by A. Lee Smith, Smith Smith, Registered Land Surveyors, P.C., as will be recorded in the records of the clerks of the Superior Courts of Bartow and Polk counties.' be approved? (d) All persons desiring to vote for approval of Section 2 of this Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. The votes of the electors of the Bartow County portion of the area described in Section 2 of this Act shall be counted separately from the votes of the electors of the Polk County portion of the area described in Section 2 of this Act. If more than one-half of the votes cast by the electors of the Bartow County portion of the area described in Section 2 of this Act and more than one-half of the votes cast by the electors of the Polk County portion of
Page 4165
this Act are in favor of the legal description of the corporate limits of the Town of Taylorsville, then Section 2 of this Act shall become of full force and effect; otherwise it shall be void and of no force and effect. (e) The expense of such election shall be borne by the Town of Taylorsville. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Taylorsville, approved February 8, 1937 (Ga. Laws 1937, page 2121), as amended and for other purposes. This 4th day of January, 1983. Mell Rhodes Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: January 11, 18, 25, 1983.
Page 4166
/s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 14th day of February, 1983. /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 1983 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Taylorsville, approved February 8, 1937 (Ga. Laws 1937, page 2121), as amended and for other purposes. This 4th day of January, 1983. Mell Rhodes Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of
Page 4167
Bartow County, on the following dates: January 20, 27, and February 3, 1983. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. CLERK OF SUPERIOR COURT OF CLAY COUNTYMETHOD OF COMPENSATING CHANGED, ETC. No. 348 (House Bill No. 721). AN ACT To abolish the present mode of compensating the clerk of the Superior Court of Clay County, known as the fee system; to provide in lieu thereof an annual salary for said officer; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of deputies, clerks, assistants, and other personnel by said officer; to provide for the compensation of such deputies, clerks, assistants, and other personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 4168
Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the clerk of the Superior Court of Clay County, known as the fee system, is abolished and, in lieu thereof, an annual salary for such officer is prescribed as provided in this Act. Section 2 . The annual salary of the clerk of the Superior Court of Clay County shall be fixed and determined by the governing authority of Clay County. The annual salary of the clerk of the superior court shall not be less than the minimum salary prescribed by general law nor more than 150 percent of the minimum salary prescribed by general law. The annual salary of the clerk of the superior court shall be payable in equal monthly installments from county funds. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 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 employ deputies, clerks, assistants, and other personnel deemed necessary to discharge efficiently and effectively the official duties of the office. The clerk of the superior court shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the number of such other employees and their compensation. It shall be within the sole power and authority of the clerk of the superior court, during the term of office to which elected, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their
Page 4169
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 clerk of the superior court, expressly including the compensation of the personnel in the office of the clerk of the superior court, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Clay County. Section 6 . This Act shall become effective on January 1, 1985. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill concerning the compensation of the offices of Probate Judge, Clerk of Superior Court, Tax Commissioner and Sheriff of the County of Clay, and for other purposes. This 14th day of January, 1983. Gerald Isler, Chairman Clay County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes
Page 4170
and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Clay County, on the following dates: January 20, 27, and February 3, 1983. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. CLERK OF SUPERIOR COURT OF CARROLL COUNTYCOMPENSATION CHANGED. No. 349 (House Bill No. 714). 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. L. 1972, p. 2751), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3470), 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.
Page 4171
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. L. 1972, p. 2751), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3470), is amended by striking Section 2 of said Act, which reads 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., 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 $27,500.00, payable in equal monthly installments from county funds. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1983 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.
Page 4172
This 10th day of January, 1983. /s/ Charles A. Thomas, Jr. /s/ Gerald L. Johnson /s/ Wayne Garner Affidavit. Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Daily-Times Georgian legal organ for Carroll County. The following dates, to-wit: January 13, 20 and 27. Sworn to on the 11th day of February, 1983. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 16th day of February, 1983. /s/ Linda W. Jeter Notary Public. (Seal). Approved March 16, 1983.
Page 4173
RICHMOND COUNTYCOMPENSATION OF CERTAIN OFFICIALS CHANGED. No. 350 (House Bill No. 666). AN ACT To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), so as to change the compensation of certain officials; to provide for the payment of such 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 establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows: (1) Clerk of superior court and state court $ 28,000.00 (2) Judge of the probate court 32,025.00 (3) Tax commissioner 31,000.00 (4) Judge of the state court 46,500.00 (5) Solicitor of the state court 19,782.00 (6) Coroner 16,380.00 (7) Judge of the civil court 33,200.00 (8) Associate judge of the civil court 31,700.00 (9) Chairman of the board of commissioners 9,396.00 (10) Member of the board of commissioners 6,996.00 (11) District attorney 8,694.00 (12) Judge of the superior court 11,781.00 (13) Sheriff 35,069.00 (b) The compensation provided for in subsection (a) of this section shall be paid 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia an Act to establish the compensation for certain elected officials of Richmond County, Georgia, and certain elected officials of the State of Georgia whose salaries are supplemented by Richmond County, Georgia; to prohibit certain practices by certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes. This 13th day of December, 1982. Robert C. Daniel, Jr. County Attorney, Richmond County, Georgia
Page 4175
Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, Paul S. Simon, 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 20, 27, 1982, and January 3, 1983. /s/ Paul S. Simon, President, Southeastern Newspapers Corporation, Publisher of the Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me, this 18th day of February, 1983. /s/ JoAnn M. Lundquist Notary Public, Georgia State at Large. My Commission Expires June 23, 1986. (Seal). Approved March 16, 1983.
Page 4176
COOK COUNTY BOARD OF COMMISSIONERSCOMPENSATION OF MEMBERS CHANGED. No. 351 (House Bill No. 736). AN ACT To amend an Act creating a board of commissioners for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4251), 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. L. 1919, p. 627), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4251), is 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 $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., and inserting in its place a new subsection to read as follows: (a) The chairman of the board of commissioners shall receive $250.00 per month, and the other members of the board of commissioners shall each receive $225.00 per month. The chairman shall be
Page 4177
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 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating Board of Commissioners for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as last amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, H. B. No. 1079) to provide for a change in the salary of the commissioners, with the Chairman of the Board of Commissioners to receive $250.00 per month instead of $150.00 per month and the other members of the Board of Commissioners to receive $225.00 per month instead of $125.00 per month. This 2nd day of February, 1983. Cook County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes
Page 4178
and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News which is the official organ of Cook County, on the following dates: February 2, 9 and 16, 1983. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 16, 1983. GOVERNING AUTHORITY OF CANDLER COUNTY AUTHORIZED TO FIX SALARIES OF JUDGE AND SOLICITOR OF STATE COURT OF SAID COUNTY. No. 352 (House Bill No. 737). AN ACT To amend an Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3927), so as to authorize the governing authority of Candler County to fix the annual salary of the judge and solicitor of said court; to repeal conflicting laws; and for other purposes.
Page 4179
Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3927), is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. Be it further enacted by the authority aforesaid, that any person who shall be elected or appointed judge of said court, must, at the time of his election or appointment, be at least 25 years of age, must have been a practicing attorney for at least three years, and must have resided in Candler County for at least one year immediately prior thereto and he shall, before entering upon the discharge of his duties take and subscribe the following oath: `I swear that I will administer justice without respect of persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all of the duties incumbent on me as judge of said State Court of Candler County, according to the best of my ability and understanding, and agreeably to the laws and Constitution of the State and the Constitution of the United States, so help me God.', which oath shall be forwarded promptly to the Governor and filed in the Executive Department. The judge of said court shall receive an annual salary of not less than $8,000.00 and not more than $11,000.00, the exact amount to be determined by the governing authority of Candler County, payable in equal monthly installments out of the funds of Candler County and the governing authority of Candler County shall annually make provisions by levying taxes for this purpose. Section 2 . 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. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said court, who shall be elected or appointed at the same time, in the same manner, and for the same term as the judge of said court, who shall have been a practitioner of law and a resident of Candler County for one year prior to his election or appointment. A vacancy in the office of solicitor of said court shall be filled in the same manner as a vacancy in the office of the judge thereof is filled. The duties of the solicitor shall be to prosecute all offenses cognizable before said court, and shall represent the state in
Page 4180
all cases carried to the higher courts. The solicitor shall receive an annual salary of not less than $7,000.00 and not more than $10,000.00, the exact amount to be determined by the governing authority of Candler County, which shall be paid in the same manner as the judge's salary is paid. In the absence or disqualification of the solicitor of said court, the judge thereof shall appoint a solicitor pro tem, who shall discharge the same duties as the solicitor, and for such services he shall receive the sum of $10.00 for each conviction and the sum of $5.00 for each plea of guilty entered, which fee is to be paid out of the salary of the solicitor. The solicitor of said court, before entering upon the discharge of the duties of his office, shall take and subscribe the following oath, to wit: `I do solemnly swear that I will faithfully and without fear, favor, or affection, and impartially, and to the best of my abilities and understanding discharge all of the duties devolving upon and required of me as solicitor, so help me God.' The said oath shall be filed in the clerk's office of said court and entered upon the minutes thereof. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, so as to authorize the governing authority of Candler County to fix the annual salary of the judge and solicitor of State Court; and for other purposes. This 28th day of January, 1983. Honorable Randolph C. Karrh Representative, 109th District
Page 4181
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph C. Karrh, who, on oath, deposes and says that he is Representative from the 109th 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 2, 9, 16, 1983. /s/ Randolph C. Karrh Representative, 109th District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. CITY OF COLBERTCHARTER AMENDMENTSREFERENDUM. No. 353 (House Bill No. 739). AN ACT To amend an Act amending, consolidating, and superseding the several Acts incorporating the City of Colbert and creating a new
Page 4182
charter for said city, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, so as to change the punishment that may be imposed by the person holding and presiding over the police court of said city for violations of the charter or ordinances of said city; to provide a homestead exemption from city ad valorem taxes for residents of the City of Colbert in an amount to be fixed by the governing authority at not more than $6,000.00; to provide for procedures relative thereto; 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 amending, consolidating, and superseding the several Acts incorporating the City of Colbert and creating a new charter for said city, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, is amended by striking from Section 22 the following: two hundred dollars, and inserting in lieu thereof the following: $1,000.00, so that when so amended Section 22 shall read as follows: Section 22. Be it further enacted, that the mayor or in his absence or disqualification the mayor pro tem., or in the case of the absence of both the mayor and the mayor pro tem., any councilmen of the City of Colbert may hold and preside over a court in said city, to be called the `Police Court,' for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to reserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said mayor, mayor pro tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed $1,000.00, imprisonment in the city prison or in the county jail, having previously arranged with the county officers, not to exceed sixty days, or to work
Page 4183
on the streets in the city chaingang, or such other public places as the mayor or acting mayor may direct, not to exceed sixty days; however, the punishment of confinement in the city or county jail, and that of a sentence to work on the streets in the city chaingang shall not both be inflicted in any one case, and neither the punishment of confinement in the city or county jail, or that of a sentence to work in the city chaingang on the streets of said city shall be inflicted except as an alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting mayor in addition to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Section 2 . Said Act is further amended by adding after Section 34, relating to the city ad valorem tax rate, a new section, to be designated Section 34A, to read as follows: Section 34A. The governing authority of the City of Colbert may grant an exemption from city ad valorem taxes on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such, in an amount to be fixed by the governing authority at not more than $6,000.00 of its value. The governing authority of the city may by ordinance provide the procedures and requirements necessary for the proper administration of this exemption. The exemption granted to the homestead by this section shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner required by the city by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemption granted by this section in the manner required by the city. There shall be no more than one exemption per homestead. The exemption provided in this section shall apply to all taxable years beginning after December 31, 1983. Section 3 . Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Colbert to issue the call for an election for the purpose of submitting this Act to the electors of Colbert for approval or rejection.
Page 4184
The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Madison County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 2 of the Act providing a homestead exemption for residents of the City of Colbert in an amount to be fixed by the governing authority of the city at not more than $6,000.00 from all ad valorem taxes levied and collected by the city be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Colbert. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend the charter of the City of Colbert, Georgia in Madison County, to provide for homestead exemption, an increase in the penalties for violation of city ordinances and for other purposes.
Page 4185
This 1st day of February, 1983. Lane Fitzpatrick City Attorney for Colbert, Georgia 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 is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following dates: February 4, 11, 18, 1983. /s/ Louie Max Clark Representative, 13th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4186
CITY OF DECATUR CORPORATE LIMITS EXTENDED. No. 354 (House Bill No. 740). AN ACT To amend an Act creating and establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to change, enlarge, and extend the corporate limits of the City of Decatur; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, is amended so as to change, enlarge, and extend the corporate limits of the City of Decatur by including therein additional and contiguous territory described as follows: All that tract and parcel of land lying and being in Land Lot 244 of the 15th District of DeKalb County, Georgia and being lots numbers 14 through 21, both inclusive, as shown on plat of survey of property of W. E. Baker made by Watts Browning, Engineers, dated October 30, 1950, of record in Plat Book 18, page 106, in the office of the Clerk of the Superior Court of DeKalb County, Georgia, and being more particularly described as follows: BEGINNING on the eastern right of way of North Parkwood Road at the intersection of said right of way with the Land Lot Line which divides Land Lot 244 of the 15th District and Land Lot 4 of the 18th District of DeKalb County, Georgia, and Land Lot Line also being a District line; and running thence southerly along the eastern right of way of North Parkwood Road a distance of 600 feet to the southern line of Lot 21 of the Baker property; thence easterly 219.9 feet along the southern line of Lot 21 aforesaid to the City Limits line of the City of Decatur; thence running northerly along said City Limits line 625 feet to the Land Lot Line dividing Land Lot 244 of the 15th District and Land Lot 4 of the 18th District aforesaid; thence running westerly 230 feet
Page 4187
along said District Line and Land Lot Line to the eastern right of way of North Parkwood Road at the point of beginning. Section 2 . This Act shall become effective on July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to change the corporate limits thereof; and for other purposes. This 27th day of December, 1982. Eleanor L. Richardson Representative, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peggy Childs, who, on oath, deposes and says that she is Representative from the 53rd 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 6, 13, 29, 1983. /s/ Peggy Childs Representative, 53rd District
Page 4188
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. CITY OF ROMEELECTION OF CITY COMMISSION MEMBERSCOMPENSATION. No. 355 (House Bill No. 742). AN ACT To amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to change the provisions relating to the election of the city commission; to provide for compensation of the members of the commission; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is 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 governing and legislative authority of the city shall be vested in a commission of nine members. Three of said commissioners from each ward of the city shall be elected by a plurality of the consolidated vote of the entire city. The members of
Page 4189
said commission shall have attained the age of 21 years, and shall have been residents and citizens of said city for at least two years next preceding their election. The members at the time of and during their continuance in office shall be bona fide residents and citizens of the city and the ward from which they are elected and must also at the time of their qualification for election have been a registered voter and elector of the city at least 90 days prior to their qualification for election. Each member of said commission shall receive a salary of $3,000.00 per annum. At their first meeting, or as soon thereafter as possible, the members of said commission shall elect one of their members as chairman, who shall receive a salary per annum in an amount equal to 1.5 times the salary of a commission member, and one as chairman pro tempore, who shall receive a salary per annum in an amount equal to 1.25 times the salary of a commission member. The chairman, or in his absence, the chairman pro tempore, shall preside over the deliberations of the commission and shall have the right to vote on all questions; he shall preserve order and decorum at all meetings of the commission and shall enforce the rules of that body; and shall have power to punish all persons for contempt of such rules; and shall perform all other duties incident to his office. Service of legal process directed to or against the city shall be served upon the chairman of the commission. (b) An election shall be held in the city on the first Tuesday in December, 1984, to elect commissioners who shall serve and hold office from January, 1985, until the time hereinafter set forth and until their successors are duly elected and qualified. (c) Candidates from Wards 1 and 3 who are elected shall serve and hold office from the first Monday in January, 1985, until the first Monday in January, 1988, and until their successors are duly elected and qualified. (d) Candidates from Ward 2 who are elected shall serve and hold office from the first Monday in January, 1985, until the first Monday in January, 1990, and until their successors are duly elected and qualified. (e) At the expiration of the terms of the commissioners elected on the first Tuesday in December, 1984, commissioners shall be elected to terms of four years thereafter and until their successors are duly elected and qualified. Elections subsequent to the December, 1984, election shall be held on the first Tuesday after the first
Page 4190
Monday in November in the year next preceding the expiration of the respective terms and the commissioners elected shall serve and hold office for terms of four years from the first Monday in January of the year they assume office and until their successors are duly elected and qualified. Section 2 . The provisions of this Act necessary for the election of commissioners during 1984 shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law. This Act shall become effective for all purposes on January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend the Charter of the City of Rome (Georgia Law 1918, Pages 813FF, as amended); to provide for a change in election procedures for city commissioners and for members of the Board of Education; to repeal conflicting provisions; and for other purposes. This 31st day of January, 1983. John Adams Representative, 16th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation
Page 4191
was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: February 3, 10, 17, 1983. /s/ John Adams Representative, 16th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. CITY OF CAIRO CORPORATE LIMITS EXTENDED. No. 357 (House Bill No. 800). AN ACT To amend an Act incorporating the City of Cairo, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended, 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 incorporating the City of Cairo, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended, is amended by adding at the end of Section 3 the following: In addition to the present territory included within the corporate limits of said city, the corporate limits of said city shall include therein the following territory and area:
Page 4192
TRACT 1 : All that tract or parcel of land containing 53 acres, more or less, lying and being in Land Lot 1 and Land Lot 40 in the 19th Land District of Grady County, Georgia, being more particularly described as follows: Begin at the southwest corner of said Lot 1 (said point being a point common to Land Lots 1, 2, 39 and 40 of Land District 19) and run thence North 00 02' 00 west along the west lot line of said Lot 1 a distance of 954.96 feet; thence south 88 00' east a distance of 2023 feet, more or less, to a point which lies on the limits of the City of Cairo; thence south 43 00' west and into Land Lot 40 a distance of 3023.33 feet to the point on the west Lot Line of Land Lot 40; thence north 02 00' west a distance of 1326.78 feet to the point of beginning. TRACT 2 : All that tract or parcel of land containing 8 acres, more or less, lying and being in Lot of Land No. 1 in the 19th Land District, and Lot of Land No. 20 in the 18th Land District of Grady County, Georgia, and more particularly described as follows: Commence at a point in Lot No. 1, said point being the point of intersection of the west right-of-way margin of Stephens Drive, N.W. and the north right-of-way margin of 14th Avenue, N.W. and run thence south 89 30' west a distance of 140 feet to a point located on the limits of the City of Cairo, and being the point of beginning. Run thence south 89 30' west a distance of 155 feet, more or less, to the run of a branch; thence along the run of said branch north 56 10' west a distance of 43 feet; thence along the run of said branch north 25 00' west a distance of 212 feet to a point where a branch running in a generally Southwesterly direction empties into said branch; thence along the run of said branch that flows in a Southwesterly direction as follows: North 39 10' east a distance of 116 feet; north 45 22' east a distance of 92 feet; north 40 30' east a distance of 96 feet; north 11 22' east a distance of 75 feet; north 16 30' east a distance of 118 feet; north 32 24' east 106 feet; north 44 55' east a distance of 83 feet; north 34 36' east a distance of 92 feet; north 53 05' east a distance of 93 feet; north 56 30' east a distance of 102 feet to the east lot line of said Lot of Land No. 1 of the 19th District; which is the west lot line of Land Lot 20 of the 18th District); thence south 00 30' east a distance of 85 feet; thence north 89 30' east and into Lot of Land No. 20 a distance of 500 feet, more or less, to a point on the limits of the City of Cairo; thence south 43 00' west and into said Land Lot 1 a distance of 1210 feet, more or less, to the point of beginning.
Page 4193
Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation. Pursuant to the request of the Mayor and Council of the City of Cairo, Georgia, notice is hereby given that there will be introduced in the regular 1983 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Cairo approved August 6, 1906, as amended, so as to extend and change the corporate limits, and for other purposes. Bobby Long Representative, 142nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long, who, on oath, deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following dates: January 28, February 4, 11, 1983. /s/ Bobby Long Representative, 142nd District
Page 4194
Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. DOUGHERTY COUNTY COMMISSION DISTRICTS CHANGED, ETC. No. 358 (House Bill No. 801). AN ACT To amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved February 24, 1978 (Ga. L. 1978, p. 3058) and an Act approved February 19, 1982 (Ga. L. 1982, p. 3519), so as to change the commission districts; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved February 24, 1978 (Ga. L. 1978, p. 3058) and an Act approved February 19, 1982 (Ga. L. 1982, p. 3519), is amended by striking subsection (c) of Section 1 thereof and inserting in its place a new subsection (c) to read as follows:
Page 4195
(c) For purposes of electing the members of the board of commissioners, other than the chairman, Dougherty County shall be divided into six commission districts as follows: COUNTY COMMISSION DISTRICT 1 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Slappey Boulevard and the north Dougherty County line; thence running in a westerly direction along the north Doughterty County line to the center line of Cambridge Road; thence running in a southerly direction along the center line of Cambridge Road to the center line of Northgate Road; thence running in a southerly direction along the center line of Northgate Road to the center line of Old Dawson Road; thence running in a westerly direction along the center line of Old Dawson Road to the center line of East Doublegate Road; thence running in a southerly direction along the center line of East Doublegate Road to the center line of Weymouth Road; thence running in a southerly direction along the center line of Weymouth Road to the center line of Gillionville Road; thence running in a westerly direction along the center line of Gillionville Road to the center line of Cooleewahee Creek; thence running in a southerly direction along the center line of Cooleewahee Creek to the center line of the Central of Georgia Railroad track; thence running north easterly along the center line of the Central of Georgia Railroad track to the center line of Westover Road; thence running in a southerly direction along the center line of Westover Road to the center line of Gordon Avenue; thence running in a north easterly direction along the center line of Gordon Avenue to the center line of Elm Street; thence running in a southerly direction along the center line of Elm Street to the center line of Jones Avenue; thence running in an easterly direction along the center line of Jones Avenue to the center line of Walnut Street; thence running in a southerly direction along the center line of Walnut Street to the center line of Waddell Avenue; thence running in an easterly direction along the center line of Waddell Avenue to the center line of Slappey Boulevard; thence running in a northerly direction along Slappey Boulevard to the center line of Lincoln Avenue; thence running in an easterly direction along the center line of Lincoln Avenue to the center line of McKinley Street; thence running in a northerly direction along the center line of McKinley Street to the center line of Oglethorpe Boulevard (S.R. 82); thence running in a westerly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of Slappey Boulevard; thence
Page 4196
running in a northerly direction along the center line of Slappey Boulevard to the center line of Gillionville Road; thence running in a north westerly direction along the center line of Gillionville Road to the center line of Meadowlark Drive; thence running in a northerly direction along the center line of Meadowlark Drive to the center line of Kenilworth Drive; thence running in an easterly direction along the center line of Kenilworth Drive to the center line of Lullwater Road; thence running in a northeasterly direction along the center line of Lullwater Road to the center line of Dawson Road; thence running in a north westerly direction along the center line of Dawson Road to the center line of Whispering Pines Road; thence running in an easterly direction along the center line of Whispering Pines Road to the center line of Homewood Drive; thence running in a northerly direction along the center line of Homewood Drive to the center line of Stuart Avenue; thence running at an easterly direction along the center line of Stuart Avenue to the center line of Slappey Boulevard; thence running at a northerly direction along the center line of Slappey Boulevard to the center line of north Dougherty County line. COUNTY COMMISSION DISTRICT 2 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Oglethorpe Boulevard (S.R. 82) and Front Street; thence running in an easterly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of the Seaboard Coastline Railroad track; thence running in a southerly direction along the center line of the Seaboard Coastline Railroad track to the center line of School Bus Road; thence running in a westerly direction along the center line of School Bus Road to the center line of Radium Springs Road (Dixie Highway); thence running in a southerly direction along the center line of Radium Springs Road (Dixie Highway) to a point north of the Seaboard Coastline Railroad track which intersects Radium Springs Road (Dixie Highway), located in Land Lot 247, First Land District; thence running in a westerly direction north of the railroad track to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the center line of Twin Flower Road; thence running in a north westerly direction along the center line of Twin Flower Road to the center line of Sweetbriar Road; thence running in a westerly direction along the center line of Sweetbriar Road to the center line of Lilly Pond Road; thence running in a westerly direction along the center line of Lilly Pond Road to the intersection of Newton Road (S.R. 91); thence running in
Page 4197
a north easterly direction along the center line of Newton Road (S.R. 91) to the center line of Jefferies Avenue; thence running in an easterly direction along the center line of Jefferies Avenue to the center line of Martin Luther King Jr., Drive; thence running in a southerly direction along the center line of Martin Luther King Jr. Drive to the center line of Alice Avenue; thence running in an easterly direction along the center line of Alice Avenue to the center line of Jackson Street; thence running in a northerly direction along the center line of Jackson Street to the center line of Front Street; thence running in a northerly direction along the center line of Front Street to the center line of Mercer Avenue; thence running in an easterly direction along the center line of Mercer Avenue to the center line of Front Street; thence running in a northerly direction along the center line of Front Street to the center line of Oglethorpe Boulevard (S.R. 82). COUNTY COMMISSION DISTRICT 3 Shall consist of the following described area in Dougherty County: Commencing at the intersection of the center line of Liberty Expressway and Jefferson Street; thence running in a south easterly direction along the center line of Liberty Expressway to a point on the north Land Lot Line of Land Lot 200, First Land District; thence running in an easterly direction along the north line of Land Lot 200 to the center line of Turner Field Road; thence running in a northerly direction along the center line of Turner Field Road to the center line of D. C. Schilling Drive; thence running in a northerly direction through Land Lot 194 and Land Lot 292, First Land District to the center line of the City of Albany city limits line; thence running in a north easterly direction along the center line of the City of Albany city limits line to the center line of the Flint River in Land Lot 290, First Land District; thence running in an easterly direction down the center line of the Flint River passing through Land Lots 290, 288, 287, 286, 285, 121 and 119, First Land District, intersecting at the City of Albany city limits line located in Land Lot 121, First Land District; thence running in a south westerly direction along the center line of the City of Albany city limits line to the center line of McCollum Drive; thence running in a southerly direction along the center line of McCollum Drive to the center line of Cordele Road (S.R. 300); thence running in a south westerly direction along the center line of Cordele Road (S.R. 300) to the center line of Clark Avenue; thence running at a westerly direction along the center line of Clark Avenue to the center line of Acorn Street; thence running in a southerly direction
Page 4198
along the center line of Acorn Street to the center line of Broad Avenue; thence running in a westerly direction along the center line of Broad Avenue to the center line of Liberty Expressway; thence running in a southerly direction along the center line of Liberty Expressway to the center line of Oglethorpe Boulevard (S.R. 82); thence running in a westerly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of Front Street; thence running in a southerly direction along the center line of Front Street to the center line of Mercer Avenue; thence running in a westerly direction along the center line of Mercer Avenue to the center line of front Street; thence running in a southerly direction along the center line of Front Street to the center line of Jackson Street; thence running in a southerly direction along the center line of Jackson Street to the center line of Alice Avenue; thence running in a westerly direction along the center line of Alice Avenue to the intersection of Martin Luther King Jr., Drive; thence running in a northerly direction along the center line of Martin Luther King Jr., Drive to the center line of Holloway Avenue; thence running in a westerly direction along the center line of Holloway Avenue to the center line of Monroe Street; thence running in a northerly direction along the center line of Monroe Street to the center line of Oglethorpe Boulevard (S.R. 82); thence running in a westerly direction along the center line of West Oglethorpe Boulevard (S.R. 82) to the center line of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Boulevard to the center line of Third Avenue; thence running in a easterly direction along the center line of Third Avenue to the center line of Jefferson Street; thence running in a northerly direction along the center line of Jefferson Street to the center line of Liberty Expressway. COUNTY COMMISSION DISTRICT 4 Shall consist of the following described area in Dougherty County: Commencing at the intersection of the center line of Liberty Expressway and Jefferson Street; thence running in a south easterly direction along the center line of Liberty Expressway to a point on the north Land Lot line of Land Lot 200, First Land District; thence running in an easterly direction along the north line of Land Lot 200 to the center line of Turner Field Road; thence running in a northerly direction along the center line of Turner Field Road to the center line of D. C. Schilling Drive; thence running in a northerly direction through Land Lot 194 and Land Lot 292, First Land District to the center line of the City of Albany city limits line; thence running in a
Page 4199
north easterly direction along the center line of the City of Albany city limits line to the center line of the Flint River in Land Lot 290, First Land District; thence running in an easterly direction down the center line of the Flint River passing through Land Lots 290, 288, 287, 286, 285, 121, 119, 282 and 81, all located in the First Land District to the north Dougherty County line, where the Fifteenth Land District and the First Land District intersect; thence running in a westerly direction along the center line of the north Dougherty County line to the center line of Slappey Boulevard; thence running in a southerly direction along the center line of Slappey Boulevard to the center line of Stuart Avenue; thence running in a westerly direction along the center line of Stuart Avenue to the center line of Homewood Drive; thence running in a southerly direction along the center line of Homewood Drive to the center line of Whispering Pines Road; thence running in a westerly direction along the center line of Whispering Pines Road to the center line of Dawson Road; thence running in a south easterly direction along the center line of Dawson Road to the center line of Lullwater Road; thence running in a south westerly direction along the center line of Lullwater Road to the center line of Kenilworth Drive; thence running in a westerly direction along the center line of Kenilworth Drive to the center line of Meadowlark Drive; thence running in a southerly direction along the center line of Meadowlark Drive to the center line of Gillionville Road; thence running in an easterly direction along the center line of Gillionville Road to the center line of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Boulevard to the center line of Third Avenue; thence running in an easterly direction along the center line of Third Avenue to the center line of Jefferson Street; thence running in a northerly direction along the center line of Jefferson Street to the center line of Liberty Expressway. COUNTY COMMISSION DISTRICT 5 Shall consist of the following described area in Dougherty County: Commencing at the intersection of the center line of the north Dougherty County line and Cambridge Road; thence running in a westerly direction along the north Dougherty County line and southerly along the Dougherty County line and easterly along the Dougherty County line to the center line of Radium Springs Road (Dixie Highway); thence running in a northerly direction along the center line of Radium Springs Road (Dixie Highway) to a point north of the Seaboard Coastline Railroad track which intersects Radium Springs Road (Dixie Highway) in Land Lot 247, First Land District; thence
Page 4200
running in a westerly direction to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the center line of Twin Flower Road; thence running in a north westerly direction along the center line of Twin Flower Road to the center line of Sweetbriar Road; thence running in a southerly direction along the center line of Sweetbriar Road to the center line of Lilly Pond Road; thence running in a westerly direction along the center line of Lilly Pond Road to the center line of Newton Road (S.R. 91); thence running in a north easterly direction along the center line of Newton Road (S.R. 91) to the center line of Jefferies Avenue; thence running in an easterly direction along the center line of Jefferies Avenue to the center line of Martin Luther King Jr., Drive; thence running in a northerly direction along the center line of Martin Luther King Jr., Drive to the center line of Holloway Avenue; thence running in a westerly direction along the center line of Holloway Avenue to the center line of Monroe Street; thence running in a northerly direction along the center line of Monroe Street to the center line of Oglethorpe Boulevard (S.R. 82); thence running in a westerly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of McKinley Street; thence running in a southerly direction along the center line of McKinley Street to the center line of Lincoln Avenue; thence running in a westerly direction along the center line of Lincoln Avenue to the center line of Slappey Boulevard; thence running in a southerly direction along the center line of Slappey Boulevard to the center line of Waddell Avenue; thence running in a westerly direction along the center line of Waddell Avenue to the center line of Walnut Street; thence running in a northerly direction along the center line of Walnut Street to the center line of Jones Avenue; thence running in a westerly direction along the center line of Jones Avenue to the center line of Elm Street; thence running in a northerly direction along the centerline of Elm Street to the center line of Gordon Avenue; thence running in a westerly direction along the center line of Gordon Avenue to the center line of Westover Road; thence running in a northerly direction along the center line of Westover Road to the center line of the Central of Georgia Railroad; thence running in a southerly direction along the center line of the Central of Georgia Railroad to the center line of the Cooleewahee Creek; thence running in a northerly direction along the center line of the Cooleewahee Creek to the center line of the Gillionville Road; thence running in an easterly direction along the center line of the Gillionville Road to the center line of Weymouth Road; thence running in a northerly direction along the center line of Weymouth Road to the center line of East Doublegate Road; thence
Page 4201
running in a northerly direction along the center line of the East Doublegate Road to the center line of Old Dawson Road; thence running in an easterly direction along the center line of Old Dawson Road to the center line of Northgate Road; thence running in a northerly direction along the center line of Northgate Road to the center line of Cambridge Road; thence running in a northerly direction along the center line of Cambridge Road to the center line of the Dougherty County line. COUNTY COMMISSION DISTRICT 6 Shall consist of the following described area in Dougherty County: Commencing at the intersection of the Dougherty County line where the Fifteenth Land District intersects with the First Land District; thence running in a north easterly direction along the center line of the Dougherty County line; thence south westerly along the Dougherty County line; thence easterly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence easterly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence westerly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence easterly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence westerly along the center line of the Dougherty County line; thence southerly along the center line of the Dougherty County line; thence westerly along the center line of the Dougherty County line to the center line of Radium Springs Road (Dixie Highway); thence running northerly along the center line of Radium Springs Road (Dixie Highway) to the center line of School Bus Road; thence running easterly along the center line of School Bus Road to the center line of Seaboard Coastline Railroad track; thence running northerly along the center line of the Seaboard Coastline Railroad track to the center line of Oglethorpe Boulevard (S.R. 82); thence running in an easterly direction along the center line of Oglethorpe Boulevard (S.R. 82) to the center line of Liberty Expressway; thence running in a northerly direction along the center line of Liberty Expressway to the center line of Broad Avenue; thence running in an easterly direction along the center line of Broad Avenue to the center line of Acorn Street; thence running in a northerly direction along the center line of Acorn Street to the center line of Clark Avenue; thence running in an easterly direction along the center line of Clark Avenue to the center line of Cordele Road (S.R.
Page 4202
300); thence running in a north easterly direction along the center line of Cordele Road (S.R. 300) to the center line of McCollum Drive; thence running northerly along the center line of McCollum Drive to the center line of the city limits; thence running in a north easterly direction along the center line of the city limits to the center line of the Flint River in Land Lot 121 of the First Land District; thence running in a north easterly direction along the center line of the Flint River passing through Land Lots 121, 119, 282, and 81 of the First Land District to the center line of the Dougherty County line where the Fifteenth Land District and the First Land District intersect. In the event any portion of Dougherty County is not included in any of the above-described commissioner districts, then such portion shall be placed in that commissioner district contiguous to such portion which has the least population according to the United States decennial census of 1980 or any future such census. Unless otherwise specified, all boundary lines are located on the center lines of the streets. Section 2 . Said Act is further amended by striking Section 2 thereof and inserting in its place a new Section 2 to read as follows: Section 2. Notwithstanding those changes in descriptions of commission districts which became effective under Section 1 of this Act at the same time this section becomes effective, the terms and elections of the chairman and members of the board of commissioners of Dougherty County under said Section 1 shall not be changed but shall remain as follows: (1) Those commissioners representing Commission Districts 1, 3, and 5 under the immediately prior provisions of this section shall continue to represent those respective districts. They shall serve out the terms to which elected, which shall expire December 31, 1984, and until the election and qualification of their respective successors. Their successors, representing Commission Districts 1, 3, and 5, but as newly described in Section 1 of this Act, shall be elected at the 1984 general election and shall take office January 1, 1985, for terms of four years and until the election and qualification of their respective successors. (2) The chairman and those commissioners representing Commission Districts 2, 4, and 6 under the immediately prior
Page 4203
provisions of this section shall continue to serve as chairman and represent those districts, respectively, but effective January 1, 1985, the three district members shall represent their districts as newly described in Section 1 of this Act. They shall serve out the terms to which elected, which shall expire December 31, 1986, and until the election and qualification of their respective successors. The successor to the chairman and the successors to those members representing newly described Commission Districts 2, 4, and 6 under Section 1 of this Act shall be elected at the 1986 general election and shall take office January 1, 1987, for terms of four years and until the election and qualification of their respective successors. (3) Successors to those persons elected pursuant to paragraphs (1) and (2) of this section shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until the election and qualification of their respective successors. (4) From January 1, 1985, until December 31, 1986, the board of commissioners of Dougherty County shall consist of those three members elected under paragraph (1) of this section from newly designated Commission Districts 1, 3, and 5 and the incumbent chairman and three incumbent members whose terms expire December 31, 1986. Section 3 . Except for the provisions of this Act relating to and necessary for the election of members of the board of commissioners of Dougherty County at the 1984 general election, the provisions of this Act shall become effective January 1, 1985. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners of Dougherty County at the 1984 general election shall become effective January 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed.
Page 4204
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1983 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941, (Georgia Laws 1941, p. 834), as amended, and for other purposes. The bill specifically provides for the redistricting of the County Commission districts. This 30th day of December, 1982. W. Spencer Lee Attorney for Dougherty County 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 is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: December 31, 1982, January 7, 14, 1983. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983.
Page 4205
STATE COURT OF EARLY COUNTYCOMPENSATION OF JUDGE AND OF SOLICITOR, ETC. No. 359 (House Bill No. 822). AN ACT To amend an Act creating the State Court of Early County, approved August 21, 1906 (Ga. L. 1906, p. 161), as amended, particularly by an Act approved August 7, 1920 (Ga. L. 1920, p. 316) and an Act approved April 11, 1979 (Ga. L. 1979, p. 3611), so as to authorize the county governing authority to determine the compensation of the judge of the state court; to provide limitations; to authorize the county governing authority to determine the compensation of the solicitor of the State Court of Early County; to provide for assistant solicitors; to provide for prior approval by the county governing authority; to provide for six-person juries in all cases in the State Court of Early County; to change the provisions relating to peremptory challenges in all civil and criminal cases in the State Court of Early 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 Early County, approved August 21, 1906 (Ga. L. 1906, p. 161), as amended, particularly by an Act approved August 7, 1920 (Ga. L. 1920, p. 316) and an Act approved April 11, 1979 (Ga. L. 1979, p. 3611), is amended by striking Section 3A in its entirety and inserting in lieu thereof a new Section 3A to read as follows: Section 3A. The annual salary of the judge of the State Court of Early County shall be fixed and determined by the governing authority of Early County. The judge's salary may not be reduced during his term of office and is payable in equal monthly installments from the funds of Early County.
Page 4206
Section 2 . Said Act is further amended by striking from Section 4 the following: The Solicitor of the City Court of Blakely shall receive for services performed by him in said court the same fees are allowed to solicitors-general in the superior courts under the laws of this State for similar services, the same to be paid out of the fines, forfeitures and costs, and insolvent funds in said court. Section 3 . Said Act is further amended by inserting a new section immediately following Section 4, to be designated Section 4A, to read as follows: Section 4A. (a) The annual salary of the solicitor of the State Court of Early County shall be fixed and determined by the governing authority of Early County. The solicitor's salary may not be reduced during his term of office and is payable in equal monthly installments from the funds of Early County. (b) The solicitor shall be authorized and empowered to appoint such assistants as he may deem necessary; provide, however, that unless prior approval is obtained from the governing authority of Early County, the compensation of any such assistant solicitor shall be the responsibility of the solicitor. Section 4 . Said Act is further amended by striking from Section 24 the following: From said panel of jurors so drawn and summoned, a jury of twelve shall be selected as follows: In all civil cases, the plaintiff and defendant shall be entitled to six peremptory challenges each, and in all criminal cases the State shall be entitled to five and the defendant seven peremptory challenges each. Section 5 . Said Act is further amended by adding a new section immediately following Section 24, to be designated Section 24A, to read as follows: Section 24A . All cases in the State Court of Early County will be tried before a jury of six persons, with the plaintiff and defendant in all civil cases each having three peremptory challenges and the state and the defendant in all criminal cases each having three peremptory challenges.
Page 4207
Section 6 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Early County, approved August 21, 1906 (Ga. Laws 1906, p. 161), as amended, and for other purposes. This the 27th day of December, 1982. /s/ Ralph J. Balkcom Representative, 140th District /s/ Jimmy Hodge Timmons Senator, 11th District 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 is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 30, 1982, January 6, 13, 1983. /s/ Ralph J. Balkcom Representative, 140th District
Page 4208
Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. CITY OF LOCUST GROVEPROVISIONS REGARDING OFFICERS DEALING WITH CITY CHANGED. No. 360 (House Bill No. 834). AN ACT To amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to change provisions relating to officers of the city dealing with 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 Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, is amended by adding at the end of subsection (c) of Section 2.16 the following: This section shall not apply to sales of personal property or services of less than $200.00 per calendar quarter or sales of personal property and contracts for personal services made pursuant to sealed competitive bids made by any person holding office or employee of the City of Locust Grove, or agency thereof, either for himself or in the behalf of any business entity.,
Page 4209
so that when so amended said subsection (c) of Section 2.16 shall read as follows: (c) Dealing with City. No person holding office under this Charter shall at any time during the term of which he was elected or appointed, or while in office, be capable of contracting with the City for the performance of any work or the sale of anything which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contracts entered into by himself or another, directly or indirectly. This section shall not apply to sales of personal property or services of less than $200.00 per calendar quarter or sales of personal property and contracts for personal services made pursuant to sealed competitive bids made by any person holding office or employee of the City of Locust Grove, or agency thereof, either for himself or in the behalf of any business entity. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 repeal conflicting laws and for other purposes. This 27th day of January, 1983. A. J. Welch, Jr. Attorney for the City of Locust Grove
Page 4210
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: February 2, 9, 16, 1983. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 25th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. TOWN OF NORWOODTERMS OF MAYOR AND COUNCILMEN CHANGED, ETC. No. 361 (House Bill No. 841). AN ACT To amend an Act amending, revising, consolidating, and superseding the Act incorporating the Town of Norwood, approved August 10,
Page 4211
1916 (Ga. L. 1916, p. 838), as amended, so as to change the term of the mayor and councilmen of said town and provide for biennial elections therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act amending, revising, consolidating, and superseding the Act incorporating the Town of Norwood, approved August 10, 1916 (Ga. L. 1916, p. 838), as amended, is amended by striking from Section 5 thereof the following: That on the second Monday in November, 1916, and annually thereafter on the second Monday in November, there shall be held an election for the election of officers of said town of Norwood, and that at that time a mayor and five councilmen shall be elected, and the term of office of said mayor and councilmen shall be for twelve months, or until their successors are elected and qualified., and inserting in its place the following: That on the second Monday in November, 1983, and biennially thereafter on the second Monday in November, there shall be held an election for the election of officers of said Town of Norwood, and that at that time a mayor and five councilmen shall be elected, and the term of office of said mayor and councilmen shall be for 24 months, or until their successors are elected and qualified. Section 2 . Said Act is further amended by striking from Section 7 thereof the following: who have served for the preceding year,, and inserting in its place the following: who have served since the election protested,. Section 3 . Said Act is further amended by striking from Section 9 thereof the following: That after taking the foregoing oath, the mayor and councilmen of the town of Norwood shall hold office for a term of twelve months or until their successors have been elected and qualified,,
Page 4212
and inserting in its place the following: That after taking the foregoing oath, the mayor and councilmen of the Town of Norwood shall hold office for a term of 12 months or until their successors have been elected and qualified, but the mayor and councilmen of the Town of Norwood who are elected to such offices on or after the second Monday in November, 1983, shall hold office for a term of 24 months or until their successors are elected and qualified,. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act amending, revising, consolidating, and superseding the Act incorporating the Town of Norwood, approved August 10, 1916 (Ga. L. 1916, p. 838), as amended; and for other purposes. This 10th day of January, 1983. /s/ Ben Ross Representative, 82nd District Affidavit. Georgia, Warren County. To Whom It May Concern. This is to certify that the legal notice attached hereto has been published in the Warrenton Clipper, Warrenton, Ga., legal organ for Warren County, the following dates, to-wit: January 14, 1983, January 21, 1983, January 28, 1983.
Page 4213
Sworn to on the 22nd day of February, 1983. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 22nd day of February, 1983. /s/ Rhonda S. Phillips Notary Public. My Commission Expires January 26, 1985. (Seal). Approved March 16, 1983. STATE COURT OF GWINNETT COUNTYADDITIONAL JUDGEELECTION, POWERS, DUTIES, ETC. No. 362 (Senate Bill No. 253). AN ACT To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3033), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for the election, powers, duties, authority, jurisdiction, and compensation of said additional judge; to provide for the power and authority of the judge senior in length of service; to repeal conflicting laws; and for other purposes.
Page 4214
Be it enacted by the General Assembly of Georgia: Section 1 . An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3033), is amended by striking Section 13 of said Act, which reads as follows: Section 13. Judge; election; qualifications; prohibition on practice of law. (a) There shall be a Judge of the State Court of Gwinnett County who shall be elected by the qualified voters of Gwinnett County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected, except that the judge shall be elected at the general election for State and county officers to be held in the year 1978, for a term of 4 years beginning January 1, 1979, and at the general election for State and counties to be held every 4 years thereafter for each succeeding term of 4 years, and said judge shall hold office until his successor is elected and qualified. (b) The judge of said court shall be at least 28 years of age, shall have practiced law at least 5 years and resided in Gwinnett County for 2 years prior to his taking office. He shall take and subscribe in substance the oath of office as is prescribed for judges of the superior courts. He shall be vested with all the power and authority of judges of the superior courts. He shall be invested with all the power and authority of judges of the superior courts as to all matters, except as are exclusively conferred upon the judges of the superior courts by the Constitution and laws of this State. (c) The judge shall be paid a salary of $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. (d) During the term for which he is elected, the judge shall not engage in the active practice of law except as is required by his duties as judge.,
Page 4215
in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. Judge; election; qualifications; prohibition on practice of law. (a) Until January 1, 1985, there shall be one judge of the State Court of Gwinnett County. Effective January 1, 1985, there shall be two judges of the State Court of Gwinnett County. The judges shall be elected by the qualified voters of Gwinnett County at the same time and under the same rules and regulations as other county officers are elected. The judge who took office on January 1, 1983, shall serve for the remainder of the term of office for which he was elected, unless otherwise removed from office, and until a successor is elected and qualified. At the general election for state and county officers to be held in 1984, the additional judge shall be elected for a term of four years beginning January 1, 1985, and until a successor is elected and qualified. Successors to such judges 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 and until a successor is elected and qualified. (b) The judges of said court shall be at least 28 years of age, shall have practiced law at least five years, and shall have resided in Gwinnett County for two years prior to taking office. Each judge shall take and subscribe in substance the oath of office as is prescribed for judges of the superior courts. They shall be vested with all the power and authority of judges of the superior courts. They shall be invested with all the power and authority of judges of the superior courts as to all matters, except as are exclusively conferred upon the judges of the superior courts by the Constitution and laws of this state. (c) Each of the judges 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 judges 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. (d) During the term for which elected, the judges shall not engage in the active practice of law except as is required by their duties as judge.
Page 4216
Section 2 . Said Act is further amended by adding a new Section 13.1 to read as follows: Section 13.1. Administration of court; appointments. The judge of said court, senior in length of continuous service as a state court judge, shall be responsible for the administration and expeditious disposition of the business of the state court and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. He shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to comprehensively reorganize the State Court of Gwinnett County and to provide for the election of State Court Judges and for other purposes. This 12th day of January, 1983. Tom Phillips Senator, District 9 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donn M. Peevy, who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of
Page 4217
Gwinnett County, on the following dates: January 19, 26, and February 2, 1983. /s/ Donn M. Peevy Senator, 48th District Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 16, 1983. STATE COURT OF CLAYTON COUNTYCOMPENSATION OF JUDGES, ETC. No. 365 (House Bill No. 498). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4481), so as to change the provisions relating to the compensation of the judges and solicitor 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.
Page 4218
Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4481), is amended by striking from Section 3 the following: $39,863.00, and inserting in lieu thereof the following: $41,856.15, 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 $41,856.15 per annum which shall be paid monthly by the board of commissioners of Clayton County. The judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County. Section 2 . Said Act is further amended by adding a new Section 3A immediately following Section 3 to read as follows: Section 3A. In addition to the salary provided for the judges of the State Court of Clayton County in Section 3, the governing authority of Clayton County shall pay to each judge of the State Court of Clayton County a sum equal to the contribution required for judges by Code Section 47-10-61 of the O.C.G.A., relating to employee contributions under the Trial Judges and Solicitors Retirement Fund. Section 3 . Said Act is further amended by striking from Section 6 the following: $15,975.00,
Page 4219
and inserting in lieu thereof the following: $16,773.75, so that when so amended Section 6 shall read as follows: Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $16,773.75 per annum, and shall be paid monthly by the board of commissioners of Clayton County, Georgia, out of the general funds of Clayton County. The solicitor of said court shall, as such, receive no other compensation and shall not practice criminal law in any court or courts in Clayton County, Georgia. Section 4 . This Act shall become effective on the first day 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes. This 6th day of January, 1983. Honorable Jimmy Benefield Chairman, Clayton County Legislative Delegation
Page 4220
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy W. Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ Jimmy W. Benefield Representative, 72nd District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. STATE COURT OF BIBB COUNTYWARRANT OFFICER PROVIDED. No. 367 (House Bill No. 570). AN ACT To amend an Act creating the State Court of Bibb County, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as
Page 4221
to provide for a warrant officer to serve said court and other appropriate courts in Bibb County; to provide for the selection, compensation, qualifications, and duties of the warrant officer; 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 State Court of Bibb County, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, is amended by adding a new Section 7.1 immediately after Section 7 to read as follows: Section 7.1. There shall be a warrant officer of Bibb County who shall serve the State Court of Bibb County and other appropriate courts in Bibb County. The powers and duties of the warrant officer shall consist of the hearing of applications for and the issuance of arrest warrants. The warrant officer provided herein shall issue peace warrants, felony warrants, and misdemeanor warrants returnable to the appropriate court in Bibb County. The warrant officer shall be appointed by and serve at the pleasure of the judge of the State Court of Bibb County. The compensation of the warrant officer shall be fixed by the board of commissioners of Bibb County and paid from funds of Bibb County. The warrant officer shall be qualified and trained in legal matters relevant to his duties but shall not be required to be an attorney. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Legal Notice. Please take notice that a bill will be introduced in the 1983 General Assembly to amend the Act creating the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 as amended, to provide a new Section 7.1 which will provide for a warrant officer of the State Court of Bibb County with powers and duties consistent with the issuance of warrants.
Page 4222
This 17th day of January, 1983. /s/ J. Taylor Phillips Judge, State Court of Bibb County 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 is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: January 21, 28, and February 4, 1983. /s/ Frank C. Pinkston Representative, 100th District Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4223
ACT CREATING STATE COURT OF COBB COUNTY AMENDED. No. 368 (House Bill No. 596). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), an Act approved April 11, 1979 (Ga. L. 1979, p. 3481), an Act approved January 19, 1981 (Ga. L. 1981, p. 4759), and an Act approved April 6, 1981 (Ga. L. 1981, p. 4196), so as to change the jurisdiction of said court; to change certain provisions relating to the docket of criminal cases known as the dead docket; to change the compensation of the judges and the solicitor of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), an Act approved April 11, 1979 (Ga. L. 1979, p. 3481), an Act approved January 19, 1981 (Ga. L. 1981, p. 4759), and an Act approved April 6, 1981 (Ga. L. 1981, p. 4196), is amended by striking the first paragraph of Section 2 of said Act, which reads as follows: The State Court of Cobb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout Cobb County. In addition thereto, said Court shall have jurisdiction to try and dispose of all civil and misdemeanor cases regardless of their nature, except cases involving injury to the reputation, concurrent with the superior courts, including but not limited to cases of injury to the person, in which cases the Court shall have civil jurisdiction unlimited in amount, and including not only suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the common law or by statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of
Page 4224
the State of Georgia, and except extraordinary remedies as are defined in Chapters 64-101, 64-201, and 64-301 of the Code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure in cases involving three hundred ($300.00) dollars principal or less shall be and remain the same as that now in force in the justice courts of Georgia, except as otherwise herein provided, and the practice and procedure in cases involving over three hundred ($300.00) dollars shall be and remain the same as that now in force in the superior courts of Georgia, except as otherwise herein provided. Any case brought in the State Court of Cobb County over which such Court has jurisdiction, notwithstanding the provisions of this Section, may be transferred to the Superior Court of Cobb County when justice requires and upon motion of either party., and inserting in lieu thereof a new paragraph to read as follows: The State Court of Cobb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout Cobb County. In addition thereto, said Court shall have jurisdiction to try and dispose of all civil and misdemeanor cases regardless of their nature, except cases involving injury to the reputation, concurrent with the superior courts, including but not limited to cases of injury to the person, in which cases the Court shall have civil jurisdiction unlimited in amount, and including not only suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the common law or by statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Articles 2, 3, and 4 of Chapter 6 of Title 9 of the Official Code of Georgia Annotated, and habeas corpus proceedings, and the practice and procedure in cases involving one thousand ($1,000.00) dollars principal or less shall be and remain the same as that now in force in the justice courts of Georgia, except as otherwise herein provided, and the practice and procedure in cases involving over one thousand ($1,000.00) dollars shall be and remain the same as that now in force in the superior courts of Georgia, except as otherwise herein provided. Any case brought in the State Court of Cobb County over which such Court has jurisdiction, notwithstanding the provisions of this Section, may be transferred to the Superior Court of Cobb County when justice requires and upon motion of either party.
Page 4225
Section 2 . Said Act is further amended by striking from Section 3B the following: Any provision of this section to the contrary notwithstanding, there is hereby created for the State Court of Cobb County a docket of criminal cases, to be known as the dead docket, to which cases shall be transferred at the discretion of the solicitor, and which shall only be called at his pleasure. When a case is thus transferred, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed., so that when so amended Section 3B shall read as follows: Section 3B. The judges of the State Court of Cobb County, in transacting the business of said Court and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each judge. In the event of disagreement between said judges, the decision of a majority of the judges shall be controlling. The judges of the State Court of Cobb County shall have, and they are hereby clothed with, full powers, authority and discretion to determine, from time to time and term to term, the manner of calling the dockets and of fixing the calendars and order of business in said Court. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to any other judge, and they may rotate such order of business at the next term. Each of said judges may conduct trials by jury at the same time, or any of them may hear business in chambers and motions at the same time within said Court. They may provide, in all respects, for holding the State Court so as to facilitate the hearing and determination of all business of said Court pending at any time and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said Court, and making appointments as authorized by law where the judges of said Court cannot agree, the opinion of the majority of such judges shall control. Section 3 . Said Act is further amended by striking from Section 23 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.,
Page 4226
and inserting in lieu thereof the following: The salary of the judges of the State Court of Cobb County shall be $44,315.00 per annum. Section 4 . Said Act is further amended by striking paragraph (1) of subsection (b) of Section 27 which reads as follows: (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., and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The compensation of the solicitor shall be $32,508.00 per annum; provided, however, such salary shall be increased to $41,806.00 per annum, effective April 1, 1983. Said compensation shall be payable in equal monthly installments from the funds of Cobb County. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 31st day of Dec. 1982.
Page 4227
Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 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 7, 14, 21, 1983. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 9th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4228
FULTON COUNTY COUNTY-WIDE LIBRARY SYSTEM ACT AMENDED. No. 369 (House Bill No. 658). AN ACT To amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), so as to authorize the City of Atlanta to create a special district within that portion of said city lying within DeKalb County for the provision of library services therein pursuant to a contract with certain other local governments; to provide for the authority of the library board of trustees; to provide for a director and deputy director of library services to be appointed by the board of trustees; to provide for other personnel; to provide for funding the county-wide library system and for procedures and requirements relative thereto; 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 providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), is amended by adding at the end of Section 1 a new subsection (h) to read as follows: (h) Notwithstanding any other provisions of this Act, pursuant to a contract with either Fulton County or DeKalb County for the provision of public library services and facilities within that portion of the City of Atlanta lying within DeKalb County, the City of Atlanta may create within that portion of the City of Atlanta lying within DeKalb County a special district for the provision of library services and levy and collect within such special district fees, assessments, and taxes to pay the cost of such services. The levy of an ad valorem tax
Page 4229
by the city for such purposes shall equal the ad valorem tax millage rate set by Fulton County to support the county-wide library system provided for by this Act. The levy of such ad valorem tax by the city within the special district shall not constitute a violation of the contract provided for in subsection (g) of this section. Section 2 . Said Act is further amended by adding at the end of Section 4 a new subsection (c) to read as follows: (c) The library board of trustees provided for in this section shall have general supervision of the county-wide library system provided for in this Act and shall have power to make reasonable rules and regulations for the operation of the county-wide library system. Said board of trustees may establish branches and stations wherever deemed advisable and may carry on other forms of library extension service. Said board of trustees shall create the office of director and deputy director of library services and fix the terms of office and compensation of said officers, and said offices shall be filled by persons with professional library training and experience who shall be appointed by the board of trustees. Notwithstanding the provisions of Section 2 of this Act, the director and deputy director of library services shall not be subject to the civil service laws and regulations of Fulton County. Other employees of the library board of trustees shall be subject to the civil service laws and regulations of Fulton County as provided in Section 2 of this Act, but such employees shall be subject to the supervision and control of the library board of trustees. The county-wide library system and the board of trustees shall be subject to the budgetary laws and purchasing procedures and requirements of Fulton County in the same manner as other departments of the Fulton County government, and said county-wide library system shall be funded by appropriations made to the library board of trustees by the county in accordance with the budgetary laws and purchasing procedures and requirements of Fulton County. In addition thereto, the board of trustees may also receive funds to support financially the county-wide library system pursuant to a contract entered into under the provisions of subsection (h) of Section 1 of this Act. The board of trustees may also accept grants, bequests, or donations from any source to carry out the purposes and functions of the county-wide library system. The board of trustees may contract within the limits of funds made available to the board, provided that any such contract shall be made in accordance with the purchasing and contracting laws and regulations of Fulton County.
Page 4230
Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to amend an Act providing for the establishment of a County-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), and for other purposes. This 21st day of December, 1982. John Type Ferguson Associate County Attorney, Fulton County Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the 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 23rd, 30th days of December, 1982, and on the 6th days of January, 1983. As provided by law. /s/ Frances K. Beck
Page 4231
Subscribed and sworn to before me, this 11th day of January, 1983. /s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires February 17, 1986. (Seal). Approved March 18, 1983. METHOD OF COMPENSATING THE PROBATE JUDGE OF CLAY COUNTY CHANGEDDISPOSITION OF FEES, COSTS, ETC. No. 370 (House Bill No. 719). AN ACT To abolish the present mode of compensating the judge of the Probate Court of Clay County, known as the fee system; to provide in lieu thereof an annual salary for said officer; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for an exception; 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 deputies, clerks, assistants, and other personnel by said officer; to provide for the compensation of such deputies, clerks, assistants, 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 . The present mode of compensating the judge of the Probate Court of Clay County, known as the fee system, is abolished and, in lieu thereof, an annual salary for such officer is prescribed as provided in this Act.
Page 4232
Section 2 . The annual salary of the judge of the Probate Court of Clay County shall be fixed and determined by the governing authority of Clay County. The annual salary of the judge of the probate court shall not be less than the minimum salary prescribed by general law nor more than 150 percent of the minimum salary prescribed by general law. The annual salary of the judge of the probate court shall be payable in equal monthly installments from county funds. The annual salary shall be the sole compensation for services of the judge of the probate court in any capacity except those services for copies or searches by local custodians of vital records as provided in Code Section 31-10-27 of the O.C.G.A. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity except as provided in Section 2 of this Act and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4 . The judge of the probate court shall have the authority to employ deputies, clerks, assistants, and other personnel deemed necessary to discharge efficiently and effectively the official duties of the office. The judge of the probate court shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the 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 the term of office to which elected, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.
Page 4233
Section 5 . The necessary operating expenses of the office of the judge of the probate court, expressly including the compensation of the personnel in the office of the judge of the probate court, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Clay 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill concerning the compensation of the offices of Probate Judge, Clerk of Superior Court, Tax Commissioner and Sheriff of the County of Clay, and for other purposes. This 14th day of January, 1983. Gerald Isler, Chairman Clay County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation
Page 4234
was published in the Cuthbert Times and News Record which is the official organ of Clay County, on the following dates: January 20, 27, and February 3, 1983. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. ACT CREATING SMALL CLAIMS COURT OF DOUGHERTY COUNTY AMENDED. No. 371 (House Bill No. 779). AN ACT To amend an Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, so as to comply with Article VI of the Constitution of the State of Georgia; to provide for the appointment, terms, qualifications, and compensation of a chief magistrate and magistrates; to provide for the filling of vacancies in the office of chief magistrate and magistrate; to provide that the sheriff of Dougherty County shall be constable of the magistrate court; to provide that the clerk of the Superior Court of
Page 4235
Dougherty County shall be clerk of the magistrate court; to provide for recordkeeping, costs, and fees of the magistrate court; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, is amended by striking Sections 1 through 24 of said Act and inserting in their place the following: Section 1. The Small Claims Court of Dougherty County existing on June 30, 1983, shall be continued after such date as the Magistrate Court of Dougherty County, pursuant to Article 1 of Chapter 10 of Title 15 of the O.C.G.A. Section 2. The term of office of any person serving as judge of the Small Claims Court of Dougherty County immediately prior to July 1, 1983, shall expire upon that date. On and after July 1, 1983, there shall be three part-time magistrates to serve as judges of the Magistrate Court of Dougherty County. These magistrates shall be appointed by the chief judge of the State Court of Dougherty County, who shall designate one of them to be chief magistrate. Section 3. Magistrates first appointed under Section 2 of this Act shall take office July 1, 1983, for an initial term which shall expire December 31, 1984, and upon the appointment and qualification of their respective successors. Thereafter magistrates shall be appointed to take office on January 1 for a term of two years and until their respective successors are appointed and qualified. Section 4. Vacancies in the office of magistrate shall be filled by appointment by the chief judge of the State Court of Dougherty County. Such appointments shall be for the remainder of the unexpired term of office and until the appointment and qualification of a successor. Section 5. The compensation of magistrates shall be determined by resolution of the county governing authority. Such compensation shall not be decreased during a magistrate's term of office.
Page 4236
Section 6. In addition to other requirements of law, a magistrate shall have been an active member of the State Bar of Georgia for three years at the time of his appointment. Section 7. The clerk of the Superior Court of Dougherty County shall be clerk of the Magistrate Court of Dougherty County. Section 8. An accurate record of all costs, fees, forfeitures, and charges in the magistrate court shall be kept by the clerk of the court, and all costs, fees, and charges of every kind collected by any of the officers of the court shall be immediately turned over to the clerk of the court and entered at once by the clerk on his records. On or before the tenth day of each month, it shall be the duty of the clerk to furnish the county governing authority a complete, accurate, and sworn statement of all such costs, charges, fees, and collections and to pay over all of the moneys collected to which the county is entitled to the treasury of Dougherty County. Such moneys received from the clerk of court shall be held to the credit of the county and paid out on warrant of the county governing authority. Section 9. A docket for the magistrate court shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 10. Law library fees may be charged at the time of filing a case or at the time of assessing costs, according to such procedure and amounts as may be fixed by order of the chief judge of superior courts for the Dougherty Judicial Circuit. Section 11. The deposit of filing fees shall be established by court rule consistent with general law. Section 12. The sheriff of Dougherty County or his lawful deputies shall act as bailiff and constable for the Magistrate Court of Dougherty County. Such officers shall be subject to rule in said court as sheriffs are subject to rule in the superior courts. Such officers shall, in addition to the powers conferred on them as sheriffs, have any and all powers and duties provided by law for constables in magistrate courts of this state. Section 2 . This Act shall become effective on July 1, 1983, upon the condition that House Bill 121 of the 1983 regular session of the General Assembly is passed into law. If House Bill 121 is not enacted into law on or before July 1, 1983, this Act shall be null and void.
Page 4237
Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the Georgia General Assembly a bill to amend an Act establishing a Small Claims Court in and for Dougherty County, approved March 24, 1976, (Ga. L. 1976, p. 3164), as amended; and for other purposes. Tommy Chambless Representative, 133rd District 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 is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: February 3, 10, 17, 1983. /s/ Tommy Chambless Representative, 133rd District
Page 4238
Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. ACT CREATING STATE COURT OF DOUGHERTY COUNTY AMENDED. No. 372 (House Bill No. 780). 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. L. 1897, p. 408), as amended, so as to provide for the continuation of the court; to provide for a full-time judge; to provide the compensation, term, and duties of the judge; to provide for a selection of a judge pro hac vice; to provide for a clerk, solicitor, bailiff, and constable for the court and the duties of such officers; to provide for jury selection and procedure; to provide for costs and fees; to provide for court terms; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, is amended by striking Sections 2 through 30 of said Act and inserting in their place the following:
Page 4239
Section 2. The State Court of Dougherty County, formerly known as the City Court of Albany, is continued as the State Court of Dougherty County on and after July 1, 1983. Section 3. There shall be one judge of the State Court of Dougherty County, such position to be a full-time judgeship. The judge in office on June 30, 1983, shall serve out his term of office which shall expire on January 1, 1985, and upon the election and qualification of a successor. That successor and all subsequent successors to the office of judge shall be elected at the general election immediately preceding the expiration of the term of the incumbent and shall take office on January 1 immediately following such election for the term provided by law and until the election and qualification of a successor. Section 4. The judge of the state court shall receive an annual salary in the amount of $40,000.00. The governing authority of the county is authorized to supplement the salary thus fixed. Such salary and supplement shall be paid in equal monthly installments from the funds of Dougherty County. Section 5. It shall be the duty of the judge of the state court to see that the officers of the court are diligent in the collection of costs, and to this end he shall call the issue docket of the court on some fixed day in each month and shall adopt such measures and rules as will ensure the payment of costs by the party or parties liable for the same. Section 6. It shall be the duty of the judge of the state court to have his office open during the usual business hours for five days of each week. Section 7. In the event the judge of the state court is unable or disqualified to preside in the court, then a judge pro hac vice may be selected by the parties to any cause pending in the court in the same manner as the parties might select a judge pro hac vice in the superior court. In the event the parties fail to select by agreement a judge pro hac vice, then the clerk of the State Court of Dougherty County, or in his absence the deputy clerk, shall select a judge pro hac vice in the same manner as provided by law for such cases in the superior courts. Section 8. The district attorney for the Dougherty Judicial Circuit shall serve as solicitor for the State Court of Dougherty
Page 4240
County. Assistant district attorneys of such circuit shall serve as assistant solicitors of the court. The district attorney may assign one or more assistant district attorneys to serve in his place as solicitor. Section 9. The clerk of the Superior Court of Dougherty County shall ex officio be clerk of the State Court of Dougherty County. In addition to his authority to appoint deputy clerks of the Superior Court of Dougherty County who would also be ex officio deputy clerks of the State Court of Dougherty County, he may appoint special deputy clerks whose authority as such shall be limited to performing the duties and exercising the powers of deputy clerks of the State Court of Dougherty County. The clerk of the State Court of Dougherty County and each of his deputy clerks shall make a bond with good security in the amount of $5,000.00 for the faithful discharge of their duties, which bonds shall be approved and recorded in the same manner as bonds of clerks of the superior courts are approved and recorded. Such deputy clerks shall hold office at the will of the clerk of the Superior Court of Dougherty County. The clerk and his deputies shall be subject to rule by the State Court of Dougherty County in the same manner as clerks are subject to rule in the superior court. The appointment of such deputy clerk or clerks shall be recorded in the office of the judge of the Probate Court of Dougherty County and such deputy clerk or clerks, before entering upon the discharge of their duties, shall take before the judge of the probate court the same oath as is required of clerks of the superior courts and such oath shall likewise be recorded. The judge of the State Court of Dougherty County shall be ex officio clerk of the court and may perform all of the duties of clerk of the court. Whenever in this Act the clerk of the State Court of Dougherty County is authorized or required to perform any act or to do any thing, the clerk of the State Court of Dougherty County or his deputy or the judge of the court acting as ex officio clerk of the court shall be authorized to perform the functions of clerk. One deputy clerk, to be designated by the clerk and approved by the judge, shall perform all such secretarial duties as may be required by the judge. Section 10. It shall be the duty of the clerk of the state court to keep all dockets, books, and records required of the court specifically by this Act and generally by the laws of this state; to make all reports and account for all costs, fines, and forfeitures as required specifically by this Act and by the laws of this state; to have a seal for the court; to issue, sign, and attach seals thereto when necessary, every order, rule, summons, subpoena, writ, execution, process, or court paper under
Page 4241
the authority of the court except criminal warrants; to attend all sessions of the court as required by the judge thereof, and generally to do and perform all duties as clerk of said court which clerks of the superior courts do, insofar as applicable to the State Court of Dougherty County or as required in this Act. Section 11. The clerk of the State Court of Dougherty County shall receive such salary as may be determined by the county governing authority. Section 12. An accurate record of all costs, fees, forfeitures, and charges in the state court shall be kept by the clerk of the court, and all costs, fees, and charges of every kind collected by any of the officers of the court shall be immediately turned over to the clerk of the court and entered at once by the clerk on his records. On or before the fifth day of each month it shall be the duty of the clerk to furnish the county governing authority a complete, accurate, and sworn statement of all such costs, charges, fees, fines, forfeitures, and collections and to pay over all of the moneys collected to the treasury of Dougherty County. Such moneys received from the clerk of court shall be held to the credit of the county and paid out on warrant of the county governing authority. Section 13. The sheriff of Dougherty County or his lawful deputies shall act as bailiff and constable in and for the state court and they shall do and perform all duties incident to the offices of bailiff and constable. Before entering upon the duties of their offices, each shall take and subscribe an oath to perform faithfully and diligently the duties thereof, and each shall have executed a bond in a sum not less than $1,000.00 for the faithful discharge of the duties of office as required under Code Section 36-8-3 of the O.C.G.A. and upon which they shall be liable for the discharge of their duties as bailiffs and constables of the State Court of Dougherty County. Such officers shall be subject to rule in the court as sheriffs are subject to rule in the superior courts. Such officers shall, in addition to the powers conferred on them as sheriffs, have any and all powers and duties provided by law for constables in magistrate courts in this state. Section 14. (a) Except as provided in subsection (b) of this section, juries for the trial of civil and criminal cases by the state court shall be composed of six jurors. Except as otherwise provided in this section, the procedures for the summoning, drawing, impaneling, and selection of jurors for the trial of cases shall be the same is provided
Page 4242
for the superior courts. The judge of the state court at each term shall have made up from the petit jurors two panels of six jurors each which shall be known and distinguished as panels `number 1' and `number 2.' The prosecuting attorney and the accused or the plaintiff and defendant may select either panel of the petit jury. If they shall not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels from which the parties or their attorneys may strike alternately until there shall be but six left which shall constitute the jury to try the case. In all civil cases the plaintiff shall have the first strike and in all criminal cases the state shall have the first strike. (b) In civil cases in which the amount in controversy is $10,000.00 or greater, either the plaintiff or defendant may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall make up from the petit jurors two panels of 12 jurors each which shall be known and distinguished as panels `number 1' and `number 2.' The plaintiff and defendant may select either panel of the petit jury. If they shall not agree upon a panel, the clerk shall furnish the parties or their attorneys with a list of both panels from which the parties or their attorneys may strike alternately until there shall be but 12 left which shall constitute the jury to try the case. The plaintiff shall have the first strike. Section 15. 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 also be charged in garnishment proceedings. Section 16. Each party filing a civil action in the state court shall deposit with the clerk of the court at the time of the filing or commencement of said proceeding the sum of $17.50 as provided in Section 15; provided, however, such deposit shall not be required of any person who shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the same. If the party making such deposit shall finally prevail in the civil action, the amount of the 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 17. Law library fees may be charged at the time of filing a case or at the time of assessing costs, according to such procedure
Page 4243
and amounts as may be fixed by order of the chief judge of superior courts for the Dougherty Judicial Circuit. Section 18. The terms of the state court shall commence on the first Monday of each month. The judge shall have power to hold court in session from day to day, and to recess the same from time to time, provided that each term of the court shall be finally adjourned simultaneously with the commencement of the succeeding term. Section 19. The state court shall be held at the courthouse of Dougherty County or at such other adequate and convenient place as the county governing authority may provide. The county governing authority shall provide the necessary office, furniture, supplies, forms, and books for keeping the dockets and records of the court. Both the judge and the clerk of the court are charged with the duty and responsibility of keeping adequate and complete dockets and records, which shall at all times be kept current. Section 2 . This Act shall become effective July 1, 1983, upon the condition that House Bill 145 of the 1983 regular session of the General Assembly is passed into law. If House Bill 145 is not enacted into law on or before July 1, 1983, this Act shall be null and void. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a 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, particularly by an Act approved February 25, 1962 (Ga. L. 1962, p. 3562), and for other purposes. This 25th day of January, 1983.
Page 4244
Tommy Chambless Representative, 133rd District 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 is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: January 27, February 3, 10, 1983. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4245
COBB COUNTY BOARD OF COMMISSIONERS AUTHORIZED TO DELAY SALARY INCREASES. No. 373 (House Bill No. 843). AN ACT To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to authorize the board to delay until October 1, 1983, the effective date of any salary increase provided for by an Act of the 1983 General Assembly which is to be paid from county funds; to provide for all related matters; to provide an effective date and a date of repealer; 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 Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by adding a new Section 9.1 to read as follows: Section 9.1. Notwithstanding any contrary provision contained in any local Act enacted by the 1983 General Assembly, the board of commissioners of Cobb County may delay until October 1, 1983, the effective date of any increase in any salary or salary supplement paid from funds of Cobb County pursuant to local legislation enacted at the 1983 session of the Georgia General Assembly. The decision as to whether to so delay the effective date of any salary increase or supplement increase shall be within the sole discretion of the board of commissioners of Cobb County. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be repealed effective January 1, 1984. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4246
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1983 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. 1954, Ex. Sess., p. 2075) and for other purposes. This 31st day of Dec. 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20st 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 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District
Page 4247
Sworn to and subscribed before me, this 25th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. CITY OF STATESBORORECORDER'S COURTMAXIMUM AMOUNT OF FINES AUTHORIZED. No. 374 (House Bill No. 838). AN ACT To amend an Act creating a new charter for the City of Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended, particularly by an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2466), so as to change the maximum amount of fines which may be imposed by 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 a new charter for the City of Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended, particularly by an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2466), is amended by striking from Section 30 the following:
Page 4248
two hundred ($200.00) dollars, and inserting in lieu thereof the following: one thousand ($1,000.00) dollars, so that when so amended said Section 30 shall read as follows: Section 30. There is hereby established a recorder's court for said city which shall be presided over by a recorder and which shall have jurisdiction of offenses against the laws and ordinances of said city. The recorder shall be compensated by the mayor and city council in an amount not to exceed six hundred ($600.00) dollars per annum to be paid in equal monthly installments. Said court shall have the power to preserve order; to compel the attendance of witnesses; to compel the production of books and papers to be used as evidence; to punish for contempt; to punish witnesses for non-attendance, and to punish all persons who shall counsel, advise, aid, encourage or intimidate a witness whose testimony is material or desired before said court. Said court shall have the power to enforce its judgment by inflicting such penalties as may be provided by the ordinances of said city. The punishment for any violation of a city law or ordinance, not otherwise provided in this Act, or by ordinance, and the punishment for contempt, shall be a fine not exceeding one thousand ($1,000.00) dollars, imprisonment in the city guardhouse or in the county jail by permission of the county authorities, for a period not exceeding ninety days, work on the street, or such other places where the offender may be lawfully placed at work under the provisions of this charter for a period not exceeding ninety days, one or more, or all of these punishments at the discretion of the court. A review of a decision of said court shall be by certiorari to the Superior Court of Bulloch County as provided by law for certiorari and other cases. The chief of police is designated as clerk of said court, who shall attend all sessions and keep such records and documents for the use of said court as shall be required of him, and to keep and preserve order, to issue summons and subpoenas, and to do all and other things necessary or required by the recorder of said court. In the event of the absence or illness of the chief of police, then the acting chief of police is designated as clerk of said court during the absence of the chief of police. Said court shall begin to function upon the completion of the legal requirements setting up said court.
Page 4249
The Mayor and Council of the City of Statesboro shall elect a recorder, as soon as this amendment to the city charter is made a law, to serve during the fiscal years of 1953 and 1954, and thereafter said recorder shall be elected for a period of one year, at the first meeting of the mayor and city council for the fiscal years after which said recorder's term has expired. Said recorder shall be a citizen of Statesboro who has resided in said city for two years prior to his election, and shall be at least twenty-one years of age, and a practicing attorney who shall have practiced law for two years before his election. Said recorder shall be subject to removal at any time by a vote of the majority of the mayor and city council. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the mayor and council. The recorder must be furnished with a copy of such charges and of the time when same will be heard, which must not be less than five days after a copy of such charges has been furnished him. Such hearing shall be public and the recorder shall have the right to be present thereat, and to call the witnesses he may desire in his own defense, but the action of the mayor and council in removing or in refusing to remove the recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the mayor and council. The city attorney may also be appointed recorder. In case of disqualification, illness, absence from the city or vacancy in the office of the recorder, the mayor or any one of the councilmen may act as recorder and have all the power and authority of recorder while acting as such. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the February, 1983 Session of the General Assembly of Georgia to amend the charter of the City of Statesboro (Ga. Laws 1912, page 1331, Section 30; Ga. Laws 1947, page 201, Section 4; and Ga. Laws 1953, page 2466, Section 1) so as to increase the maximum fine for violation
Page 4250
of ordinances of the City of Statesboro from two hundred dollars, to one thousand dollars, and said imprisonment or period of labor shall not exceed ninety days. Robert Emory Lane Representative, 111 District 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 is Representative from the 111th 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: February 5, 12, 18, 1983. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 25th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4251
BIBB COUNTYBOARD OF PUBLIC EDUCATION AND ORPHANAGECOMPOSITION OF EDUCATION DISTRICTS CHANGEDREFERENDUM. No. 375 (House Bill No. 825). AN ACT To amend an Act establishing the Board of Public Education and Orphanage for Bibb County, Georgia, approved October 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2136), so as to change the composition of the Education Districts from which members of the board are elected; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Board of Public Education and Orphanage for Bibb County, Georgia, approved October 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2136), is amended by striking in its entirety Section 2E and substituting in lieu thereof a new Section 2E to read as follows: Section 2E. For the purpose of electing members of the board, the Bibb County School District shall be divided into the following Education Districts: Education District No. 1 Bibb County Tract 110 Blocks 107 through 114 Tracts 111 through 113 Tracts 117.01 and 117.02 Tracts 133.01 and 133.02 Education District No. 2 Bibb County Tract 101 Tract 102
Page 4252
Block Groups 1 and 2 Blocks 311 through 313 Block Group 4 Tract 103 Tract 104 Block Group 1 Blocks 201 and 202 Blocks 316 through 325 Tracts 105 through 109 Tracts 114 and 115 That part of Tract 116 within the City of Macon Tract 127 Block Group 3 Education District No. 3 Bibb County That part of Tract 116 outside the City of Macon Tract 127 Block Groups 1 and 2 Tracts 128 through 130 Tract 131.01 Tracts 135.01 and 135.02 Education District No. 4 Bibb County Tract 126 Blocks 219 through 225 Block Groups 3 and 4 Blocks 903 and 904 Tract 131.02 Tracts 132.01 and 132.02 Tract 134.02 Blocks 210 through 214, 224 through 225, and 228 through 252 Tracts 136.01 and 136.02
Page 4253
Education District No. 5 Bibb County Tract 102 Blocks 301 through 310 Tract 104 Blocks 203 through 224 Blocks 301 through 315 and 326 through 328 Block Groups 4, 5, and 6 Tract 118 Blocks 203 through 216 Blocks 301 through 308 Tracts 122 through 125 Tract 126 Block Group 1 Blocks 205 through 214 and 227 through 229 Block Group 5 Block 901 Education District No. 6 Bibb County Tract 110 Blocks 101 through 106 Block Groups 2, 3, 4, and 9 Tract 118 Block Group 1 Blocks 201 and 202 Blocks 309 through 316 Block Group 4 Tracts 119 through 121 Tract 134.02 Block Group 1 Blocks 201 through 209, 215 through 223, and 226 through 227 Block Group 3 Block Group 9 For the purposes of this section: (1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical
Page 4254
boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any Education District refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of the Bibb County School District which is not included in any district described in this section shall be included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 2 . Not less than 30 nor more than 60 days before the date of the November, 1983, regular election for the City of Macon, Georgia, it shall be the duty of the election superintendent of Bibb County to issue the call for an election for the purpose of submitting this Act to the electors of the Bibb County School District for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1983, regular election for the City of Macon. 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 Bibb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for adjustments of the boundaries of the districts for the election of members of the Board of Public Education and Orphanage for Bibb County to reflect population changes reported in the 1980 census 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, then Section 1 of this Act shall become effective January 1, 1985, except that the provisions which are
Page 4255
necessary for the 1984 primary and general elections for board members shall become effective immediately. The expense of such election shall be borne by Bibb County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3 . The election required by Section 2 of this Act shall not be held if the enforcement of the provisions of this Act would on October 1, 1983, be prohibited under the Federal Voting Rights Act of 1965. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia a bill to redistrict the Board of Public Education and Orphanage for Bibb County, for the election of the six district seats using Census Data of 1980. This the 4th day of January, 1983. W. Warren Plowden, Jr. Attorney for Board of Public Education and Orphanage for Bibb County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall, who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official
Page 4256
organ of Bibb County, on the following dates: January 14, 21, 28, 1983. /s/ William C. Randall Representative, 101st District Sworn to and subscribed before me, this 23rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. BOARD OF COMMISSIONERS OF EARLY COUNTYTERMS OF MEMBERS, COMMISSIONER DISTRICTS, ETC. No. 376 (House Bill No. 821). AN ACT To amend an Act creating the Board of Commissioners of Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, particularly by an Act approved February 13, 1939 (Ga. L. 1939, p. 561), an Act approved March 5, 1968 (Ga. L. 1968, p. 2110), an Act approved January 27, 1978 (Ga. L. 1978, p. 3019), and an Act approved April 12, 1982 (Ga. L. 1982, p. 3846), so as to provide that the members of the board of commissioners shall be elected for a term of four years; to change the provisions relating to the commissioner districts in said county; to change the provisions relating to the time
Page 4257
and place of holding regular and special meetings of the board; to change the provisions relating to compensation of county commissioners; to authorize disposal of personal property at public or private sales under certain terms and conditions; to repeal an Act staggering the terms of office of the members of the board of commissioners, approved January 27, 1978 (Ga. L. 1978, p. 3019); 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 Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, particularly by an Act approved February 13, 1939 (Ga. L. 1939, p. 561), an Act approved March 5, 1968 (Ga. L. 1968, p. 2110), an Act approved January 27, 1978 (Ga. L. 1978, p. 3019), and an Act approved April 12, 1982 (Ga. L. 1982, p. 3846), is amended by adding at the end of Section 2 the following: The members of the board of commissioners shall be elected for a term of four years, and until their successors are elected and qualified. Section 2 . Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) Effective January 1, 1984, for the purpose of electing members of the board of commissioners, Early County is divided into four commissioner districts as follows: Commissioner District 1 : All that portion of Early County, Georgia, which lies generally north of a line described as follows: Begin at a point on the west line of Early County, Georgia, where the same is intersected by the centerline of Georgia Highway #62; thence run in a northeasterly direction along the centerline of Georgia Highway #62 until it intersects with the centerline of County Road #147; thence run in a northwesterly direction along the centerline of County Road #147 until it intersects with the centerline of County Road #113; thence run in a northerly direction along the centerline of County Road #113 until it intersects with the centerline of County
Page 4258
Road #4; thence run in a westerly direction along the centerline of County Road #4 until it intersects with the centerline of County Road #3; thence run in a northerly direction along the centerline of County Road #3 until it intersects with the centerline of County Road #1; thence run in an easterly direction along the centerline of County Road #1 until it intersects with the west margin of the city limits of the City of Blakely, Georgia; thence run in a northerly direction along said city limits margin until it intersects with the centerline of Georgia Highway #39; thence run in a southeasterly direction along the centerline of Georgia Highway #39 until it intersects with the centerline of Dean Avenue; thence run in a southerly direction along the centerline of Dean Avenue until it intersects with the centerline of Fort Gaines Street; thence run in a southerly direction along the centerline of Fort Gaines Street until it intersects with the centerline of Washington Avenue; thence run in an easterly direction along the centerline of Washington Avenue until it intersects with the centerline of Lee Street; thence run in a southerly direction along the centerline of Lee Street until it intersects with the centerline of the right-of-way of the Central of Georgia Railroad; thence run in a northeasterly direction along said railroad centerline until it intersects with the extreme east margin of the city limits of the City of Blakely, Georgia; thence run in a southeasterly direction along said extreme east margin of the city limits of the City of Blakely, Georgia, until same intersects with the centerline of Georgia Highway #62; thence run in an easterly direction along the centerline of Georgia Highway #62 until it intersects with the center of Spring Creek; thence run in a northerly direction along the center of Spring Creek to the Early County Line. Commissioner District 2 : All that portion of Early County, Georgia, lying generally east of a line described as follows: Begin at a point on the south line of Early County, Georgia, where the same is intersected by the centerline of U. S. Highway #27; thence run in a northwesterly direction along the centerline of U. S. Highway #27 until it intersects with the center of Blue Creek; thence run in a southwesterly direction along the center of
Page 4259
Blue Creek until it intersects with County Road #45 (Blakely-Centerville Road); thence run in a northwesterly direction along the centerline of County Road #45 until it intersects with the centerline of Georgia Highway #39; thence run along the centerline of Georgia Highway #39 until it intersects with the south margin of the city limits of Blakely, Georgia; thence run in an easterly direction along said south margin to the southeast corner of the city limits of the City of Blakely, Georgia; thence run in a northerly direction along the east city limit line until it intersects with the centerline of U. S. Highway #27; thence run in a northwesterly direction along the centerline of U. S. Highway #27 until it intersects with the centerline of County Street; thence run in a northerly direction along the centerline of County Street until it intersects with the centerline of South Boulevard; thence run in a westerly direction along the centerline of South Boulevard until it intersects with the centerline of Lancelot Lane; thence run in a northerly direction along the centerline of Lancelot Lane until it intersects with the centerline of County Street; thence run in a northwesterly direction along the centerline of County Street until it intersects with the centerline of Bay Street; thence run in a northerly direction along the centerline of Bay Street until it intersects with the centerline of Hogan Avenue; thence run in an easterly direction along the centerline of Hogan Avenue until it intersects with the centerline of Plant Street; thence run in a northerly direction along the centerline of Plant Street until it intersects with the centerline of Liberty Street; thence run in an easterly direction along the centerline of Liberty Street until it intersects with the centerline of Georgia Highway #200; thence run in a southeasterly direction along the centerline of Georgia Highway #200 until it intersects with the east city limit line of the City of Blakely, Georgia; thence run in a northerly direction along said east city limit line until it intersects with the centerline of Georgia Highway #62; thence run in an easterly direction along the centerline of Georgia Highway #62 until it intersects with the center of Spring Creek; thence run in a northerly direction along the center of Spring Creek to the county line.
Page 4260
Commissioner District 3 : All of the land located in Early County, Georgia, and in the City of Blakely, Georgia, which is not contained in Districts 1, 2, and 4. Commissioner District 4 : All that portion of Early County, Georgia, being generally the southwest portion of said county and being more particularly described as lying south of a line described as follows: Begin at the west line of Early County, Georgia, where the same is intersected by the centerline of Georgia Highway #62; thence run in a northeasterly direction along the centerline of Georgia Highway #62 until it intersects with the east margin of the city limits of Blakely, Georgia; thence run in a southerly direction along said city limits to the southeast corner of the city limits of Blakely, Georgia; thence run in an easterly direction along said south margin of the city limits of Blakely, Georgia, until it intersects with the centerline of Georgia Highway #39; thence run in a southerly direction along the centerline of Georgia Highway #39 until it intersects with the centerline of County Road #45 (Blakely-Centerville Road); thence run in a southerly direction along the centerline of County Road #45 until it intersects with the center of Blue Creek; thence run in a northeasterly direction along the center of Blue Creek until it intersects with the centerline of U. S. Highway #27; thence run in a southeasterly direction along the centerline of U. S. Highway #27 until it intersects with the county line. The provisions of this section shall not apply to any members of the board of commissioners holding office on January 1, 1984. (b) The voters of each commissioner district shall elect a county commissioner from their district. The fifth member of the board of commissioners shall be the chairman and shall be elected from the county at large. Section 3 . Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
Page 4261
Section 6. The board of commissioners shall hold a regular meeting at such time and place as they, in their discretion, may designate within the county. The board may hold special meetings at any time and at any place in the county that their duties may require. At all meetings of the board the chairman, if present, shall preside, but in all cases three members of said board shall constitute a quorum to transact business, and the concurrence of any three members shall decide all questions. Section 4 . Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Each commissioner, except for the chairman, shall be paid out of the treasury or depository of the county the sum of $200.00 per month, which shall be in full payment for his services rendered and which shall be paid by order upon the county treasury or depository. The chairman of the board of commissioners shall be paid out of the treasury or depository of the county the sum of $300.00 per month, which shall be in full payment for his services rendered and which shall be paid by order upon the county treasury or depository. Section 5 . Said Act is further amended by adding a new section immediately following Section 10, to be designated Section 10A, to read as follows: Section 10A. The board of commissioners is authorized to dispose of personal property at public or private sale upon whatever terms and conditions they may deem best. Section 6 . An Act providing for the staggering of the terms of office of the members of the board of commissioners, approved January 27, 1978 (Ga. L. 1978, p. 3019), is repealed in its entirety. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an
Page 4262
Act creating the Board of Commissioners of Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended; and for other purposes. This the 27th day of December, 1982. /s/ Ralph J. Balkcom Representative, 140th District /s/ Jimmy Hodge Timmons Senator, 11th District 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 is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 30, 1982, January 6, 13, 1983. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4263
BIBB COUNTYCITY OF MACONINTERGOVERNMENTAL RELATIONS STUDY COMMISSION AUTHORIZED. No. 377 (House Bill No. 807). AN ACT To authorize the creation of an intergovernmental relations study commission by the governing authorities of Bibb County and the City of Macon; 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 . This Act is pursuant to the authority of an amendment to the Constitution of 1945, which has been continued in force and effect by subsequent constitutions, authorizing the General Assembly to provide by law for matters relating to certain forms of governmental reorganization affecting Bibb County and political subdivisions therein, which amendment was ratified at the general election of 1958 and is set forth in Georgia Laws 1958, pages 497 through 502. Section 2 . The governing authority of Bibb County and the governing authority of the City of Macon are authorized to create a study commission for the purpose of determining and making recommendations to the General Assembly concerning intergovernmental relations and operations between Bibb County and other political subdivisions within said county. Such recommendations may include, but are not limited to, proposals for the merger or consolidation of local governments, annexation, merger of governmental services between political subdivisions, repeal of municipal charters, and other proposals for governmental reorganization to achieve more efficient and effective delivery of governmental services.
Page 4264
Section 3 . The membership of a commission authorized by Section 2 of this Act shall be as established by a resolution duly adopted by the governing authority of Bibb County and a similar resolution duly adopted by the governing authority of the City of Macon creating such commission. However, in adopting such resolutions said governing authorities shall provide for membership of the commission which is reasonably reflective of minority interests, municipal interests, and suburban or nonmunicipal interests. Section 4 . The governing authority of Bibb County and the governing authority of the City of Macon are each authorized to expend an amount not exceeding $25,000.00 to support financially a commission created for the purposes of this Act. Section 5 . A commission authorized by this Act shall make a report to the members of the General Assembly whose senatorial and representative districts lie wholly or partially within Bibb County by December 1, 1983, and shall make another report to such members of the General Assembly upon the completion of the commission's study if such study is not completed by December 1, 1983. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1983 Session of the General Assembly of Georgia a bill to create the Macon Bibb County Charter Commission for a Consolidated Macon-Bibb County; to provide for a short title; to provide for the appointment of the members of said Commission; to provide for the powers and duties of said Commission; to provide the said Commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of said Commission and for the payment of same by the governing authorities of the City of Macon and Bibb County; to provide for the powers of said Commission relating to drafting a proposed countywide government charter; to provide for the submission of such proposed countywide government
Page 4265
charter to the qualified voter of the City of Macon and of Bibb County for approval or rejection; to provide the manner in which such charter shall be submitted to said voters; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and matters connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Notice is also given that said legislation, including the title thereof, may be amended by any germane amendment. This 11th day of January, 1983. Ed S. Sell, Jr. Attorney for Bibb County, Georgia James E. Elliott, Jr. Attorney for City of Macon 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 is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: January 14, 21 and 28, 1983. /s/ Frank C. Pinkston Representative, 100th District
Page 4266
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 18, 1983. JUDGE OF PROBATE COURT OF BROOKS COUNTYMETHOD OF COMPENSATION CHANGED, ETC. No. 378 (House Bill No. 802). AN ACT To abolish the method of compensating the judge of the Probate Court of Brooks County known as the fee system; to provide in lieu thereof an annual salary; to provide for 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, 1983, the method of compensating the judge of the Probate Court of Brooks County known as the fee system is abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided.
Page 4267
Section 2 . (a) Effective July 1, 1983, the judge of the Probate Court of Brooks County shall receive an annual salary of not less than the greater of the minimum salary provided in Chapter 9 of Title 15 of the O.C.G.A. or $19,500.00. (b) In the event there is a vacancy in the office of judge of the Probate Court of Brooks County, the county commissioners of Brooks County shall, prior to the vacancy being filled, determine the supplement, if any, to be paid to the judge of the probate court for the remainder of that calendar year. Thereafter, the county commissioners shall set the supplement in accordance with subsection (c) of this section. (c) On and after July 1, 1983, the county commissioners of Brooks County may supplement the compensation of the probate judge. The amount of such supplement, if any, to be paid from July 1 to December 31, 1983, shall be determined by the county commissioners prior to July 1, 1983. Thereafter the county commissioners shall in December of each year determine the amount of such supplement, if any, to be paid during the following calendar year. (d) The annual salary and supplement provided for by this Act shall be paid in equal biweekly installments from the funds of Brooks County and shall be the sole compensation of the judge of the probate court. Section 3 . Effective July 1, 1983, the judge of the probate court shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, cost 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 moneys and shall pay the same into the county treasury on or before the tenth 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
Page 4268
not less than $598.00 per month, payable in equal biweekly 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. 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, 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 Brooks 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to place the Judge of the Probate Court of Brooks 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.
Page 4269
So dated this 21st day of January, 1983. Brooks County Board of Commissioners C. E. Taylor, Jr., Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: January 26, February 2, 9, 1983. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4270
JUDGE OF PROBATE COURT OF TATTNALL COUNTYMETHOD OF COMPENSATION CHANGED, ETC. No. 379 (House Bill No. 765). AN ACT To abolish the present mode of compensating the judge of the Probate Court of Tattnall 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 an exception; 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 office and court personnel by said officer; to provide for compensation for such office and court personnel; to provide for other 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 Tattnall County, known as the fee system, is abolished and, in lieu thereof, an annual salary for such officer is prescribed as provided in this Act. Section 2 . The judge of the probate court shall receive an annual salary of not less than $13,420.00, the exact amount to be determined by the governing authority of Tattnall County. In addition to the annual salary, the judge of the probate court shall receive not less than $1,200.00 per annum for those services relating to the conduct of elections, the exact amount to be determined by the governing authority of Tattnall County. The annual salary and additional compensation of the judge of the probate court shall be payable in equal monthly installments from county funds. The annual salary and additional compensation shall be the sole compensation for services of the judge of the probate court in any capacity except those services for copies or searches by local custodians of vital records as provided in Code Section 31-10-27 of the O.C.G.A.
Page 4271
Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity except as provided in Section 2 of this Act and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4 . The judge of the probate court shall be authorized to appoint office and court personnel to assist in carrying out the duties of the office. The judge of the probate court shall receive not less than $9,240.00 per annum to compensate such office and court personnel, the exact amount to be determined by the board of commissioners. The judge of the probate court shall have the authority to appoint such other deputies, clerks, assistants, and other personnel deemed necessary to discharge efficiently and effectively the official duties of the office. The judge of the probate court shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the 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 the term of office to which elected, 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 or her sole discretion. Section 5 . The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of the personnel in the office of the judge of the probate court, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, and utilities as may be reasonably required in discharging the official duties of said office, shall be
Page 4272
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 Tattnall 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 providing that the judge of the Probate Court of Tattnall County shall receive compensation from funds of Tattnall County in addition to fees, approved February 21, 1951 (Ga. L. 1951, p. 2786), as amended by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2626), an Act approved April 6, 1967 (Ga. L. 1967, p. 2959), and an Act approved February 28, 1969 (Ga. L. 1969, p. 2133), is repealed in its entirety. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Legislation. Notice is given that there will be introduced at the Regular 1983 Session of the General Assembly of Georgia a bill to change the method of compensation of and the amount of compensation of the Tattnall County Probate Judge; to provide for related matters; and for other purposes. This 28th day of January, 1983. Sharon J. McCall Affidavit of Publisher. I, Russell Rhoden, do solemnly swear:
Page 4273
1. That I am the publisher of the Tattnall Journal, a newspaper of general circulation published weekly on Thursday at Reidsville, County of Tattnall, State of Georgia; 2. That the notice attached hereto, which is a part of this affidavit, was published in said newspaper for three (3) insertions, the first publication having been made on February 3, 1983, followed by the second publication having been made on February 10, 1983, and the last publication having been made on February 17, 1983; 3. That said notice was published in a regular and entire issue of every number of the paper during the period and times of publication; 4. That said notice was published in the newspaper proper, and not in a supplement. This 17th day of February, 1983. /s/ Russell Rhoden Publisher, The Tattnall Journal Sworn to and subscribed to before me, this 18th day of February, 1983. /s/ Paul Oliver Notary Public, Georgia State at Large. My Commission Expires Dec. 10, 1986. (Seal). Approved March 18, 1983.
Page 4274
CITY OF LAFAYETTECHARTER AMENDMENTS. No. 380 (House Bill No. 781). AN ACT To amend an Act creating a new charter for the City of LaFayette, approved March 26, 1969 (Ga. L. 1969, p. 2298), so as to define and place limitations on the authority to lease real property; to authorize increased compensation to the mayor and members of the council; to impose additional grounds for forfeiture of office; to increase the contractual and purchasing powers of the city manager; to authorize discounts for early payment of taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of LaFayette, approved March 26, 1969 (Ga. L. 1969, p. 2298), is amended by striking subparagraph (a) of Section 1.21 in its entirety and inserting in lieu thereof a new subparagraph (a) of Section 1.21 which shall read as follows: (a) To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, inside or outside the city. This power shall be subject to the limitations of any general law of the State of Georgia as now exists or as is duly enacted in the future and is also subject to any other limitations, if any there be, in this charter. With regard to any lease of real property of the city, no such lease shall have a term which together with the term or terms of any option or options to renew or extend shall exceed a total of 25 years. Section 2 . Said Act is further amended by striking the figure $100.00 at each of the two places where the same appears in Section 2.16 and inserting in lieu thereof at the first place that the same appears the figure $175.00 and in the second place that it appears the figure $150.00, so that said section when so amended shall read as follows: Section 2.16. Compensation; expenses. The mayor shall receive as compensation for his services a sum not to exceed $175.00 per
Page 4275
month and not less than $10.00 per month, as fixed by ordinance of the council, and each councilman shall receive as compensation for his services a sum not to exceed $150.00 per month and not less than $10.00 per month, as fixed by ordinance of the council. The mayor and councilmen may be reimbursed for actual and necessary expenses incurred in the performance of their official duties, as provided by ordinance of the council. Section 3 . Said Act is further amended by adding the words or convicted of any felony at the end of Section 2.19 of said Act, so that said section when so amended shall read as follows: Section 2.19. Forfeiture of office. The mayor or any member of the council shall forfeit his office if he: (1) Lacks at any time during his term of office any qualification of the office as prescribed by this charter or by law; (2) Violates any expressed prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude or convicted of any felony. Section 4 . Said Act is further amended by striking the figure $500.00 from paragraph (10) of Section 3.23 of said Act and inserting in lieu thereof the figure $3,000.00, so that said paragraph of said section when so amended shall read as follows: (10) To make and execute all lawful contracts on behalf of the City of LaFayette as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the mayor and council; provided, however, that no contract, purchase or obligation, involving more than $3,000.00 shall be valid or binding upon the city until approved by the mayor and council; and provided further that without the approval of the mayor and council neither the city manager nor any other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget, therefor as fixed by the mayor and council, and provided further that no department head of the City of LaFayette shall make any purchase on behalf of the city without a written purchase order signed by the city manger.
Page 4276
Section 5 . Said Act is further amended by adding at the end of the second sentence of Section 4.14 of said Act the following clause: and to give reasonable discounts for early payment of taxes, but such discounts shall not exceed 2 percent of the gross amount of such taxes., so that said section when so amended shall read as follows: Section 4.14. Tax due dates and tax bills. The mayor and council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes shall be paid. The mayor and council may 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 payment of taxes prior to the time when due and to give reasonable discounts for early payment of taxes, but such discounts shall not exceed 2 percent of the gross amount of such taxes. The terms and methods of payment and collection of city taxes shall be in the manner as the mayor and council may determine by ordinance. Section 6 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia an Act to amend an Act creating a New Charter for the City of LaFayette approved March 26, 1969 (Ga. Laws 1969, p. 2298) so as to define and place limitations on the authority to lease real property; to authorize increased compensation to the Mayor and members of the Council; to impose additional grounds for forfeiture of office; to increase the contractual and purchasing powers of the City Manager; to authorize discounts for early payment of taxes; and for other purposes.
Page 4277
This 2nd day of February, 1983. Norman S. Fletcher Attorney for the City of LaFayette Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr., who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: February 4, 11, 18, 1983. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4278
STATE COURT OF CHEROKEE AND FORSYTH COUNTIESSALARIES AND SUPPLEMENTS OF JUDGE AND SOLICITOR, ETC. No. 381 (House Bill No. 289). AN ACT To amend an Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3853), so as to provide for the salaries and supplements of the judge and solicitor; to provide for judges to act in cases of disqualification and absence of the judge; to change provisions relating to costs; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3853), is amended by striking subsection (a) of Section 3 which reads as follows: (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., and inserting in its place a new subsection to read as follows: (a) The judge of the State Court of Cherokee and Forsyth Counties shall receive an annual salary of $23,300.00. On or after July 1, 1983, the governing authorities of Cherokee and Forsyth Counties, by concurrent resolutions, may supplement the salary of the judge. The salary and any supplement paid to the judge shall be paid in equal monthly installments from funds of Cherokee and Forsyth Counties as provided in Section 34 of this Act.
Page 4279
Section 2 . Said Act is further amended by striking the second sentence of subsection (b) of Section 3 which reads as follows: 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., and inserting in its place a new sentence to read as follows: If the state court judge is absent or disqualified to act in any case, he shall appoint a superior court judge, another state court judge, or a judge pro hac vice to act in the case and shall fix the compensation to be paid for such services from funds of Cherokee and Forsyth counties., so that when so amended said subsection shall read as follows: (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 the state court judge is absent or disqualified to act in any case, he shall appoint a superior court judge, another state court judge, or a judge pro hac vice to act in the case and shall fix the compensation to be paid for such services from funds of Cherokee and Forsyth counties. 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: `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.',
Page 4280
which oath shall be filed with the clerk of the superior court of each county. Section 3 . Said Act is further amended by striking subsection (a) of Section 4 which reads as follows: (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., and inserting in its place a new subsection to reads as follows: (a) The solicitor of the State Court of Cherokee and Forsyth Counties shall receive an annual salary of $19,800.00. On or after July 1, 1983, the governing authorities of Cherokee and Forsyth Counties, by concurrent resolutions, may supplement the salary of the solicitor. The salary and any supplement paid to the solicitor shall be paid in equal monthly installments from funds of Cherokee and Forsyth Counties as provided in Section 34 of this Act. Section 4 . Said Act is further amended by striking Section 24 which reads as follows: Section 24. Costs in Civil Cases, Except Small Claims. The cost in all civil cases, except for small claim cases as hereinafter provided for, shall be the same as the cost in superior court and the clerk of the court shall collect all costs due and is authorized to issue execution therefor., and inserting in its place a new section to read as follows: Section 24. Costs in Civil Cases. The costs and deposit of costs paid at the time of filing in all civil cases shall be the same as the costs in superior court. The clerk of the court shall collect all costs and is authorized to issue executions for costs. Section 5 . Said Act is further amended by striking Section 33 which read as follows: Section 33. Small Claims. In all civil suits where the principal amount involved is less than $500.00, such cases may be commenced by the filing of an affidavit sworn to by the plaintiff setting forth briefly a claim or demand, or a sworn itemized statement of account
Page 4281
official organ of Forsyth County, on the following dates: December 29, 1982, January 5, 12, 1983. sworn to by the plaintiff and, likewise, the defendant may file an affidavit setting forth his defense. The costs in all cases involving an amount of less than $500.00 shall be $20.00 payable when suit is filed and taxed as a part of the judgment in said cause., and inserting in its place a new section to read as follows: Section 33. Small Claims. In all civil suits where the principal amount involved is less than $500.00, such cases may be commenced by the filing of an affidavit sworn to by the plaintiff setting forth briefly a claim or demand, or a sworn itemized statement of account sworn to by the plaintiff and, likewise, the defendant may file an affidavit setting forth his defense. Section 6 . Sections 1 and 3 of this Act shall become effective July 1, 1983, and all other provisions of this Act shall become effective upon approval of this Act 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 repealed. Notice is hereby given that a bill to amend the legislation creating the State Court of Cherokee Forsyth Counties will be introduced during the 1983 session of the Georgia legislature. Cherokee County Delegation Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hasty, Sr., who, on oath deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following dates: December 29, 1982, January 5, 12, 1983.
Page 4282
/s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 18th day of January, 1983. /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 given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, legislation to amend the law creating the State Court of Cherokee and Forsyth Counties; to provide for all related matters; to repeal conflicting laws; and for other purposes. This 22nd day of December, 1982. Bill H. Barnett Representative, District 10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hasty, Sr., who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the
Page 4283
/s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 18th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. COBB COUNTYOFFICE OF COUNTY MANAGER CREATED, ETC. No. 383 (House Bill No. 338). AN ACT To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the powers, duties, authority, and compensation of the chairman of the board of commissioners; to create the office of county manager and provide for certain duties and powers of such office; to provide guidelines for the selection of a county manager; to provide for practices and procedures; to transfer certain duties, powers, and authority from the chairman of the board of commissioners to the county manager; to change the provisions relating to discharge of employees or department heads; to change the provisions relating to purchases; to abolish the office of executive assistant to the chairman and repeal the provisions relative thereto; to change the provisions relating to the Department of Finance and
Page 4284
the comptroller; to change the provisions relating to records and meetings; to change the provisions relating to expenditures; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Compensation. Commissioners, other than the chairman, shall be paid as their entire compensation for services as same, the sum of $10,000.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of $25,000.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation from all sources to which said chairman or either commissioner shall be entitled. The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or county business conducted outside of Cobb County. Expenses may be reimbursed only after the submission of receipts for said expenses to the county comptroller and the approval by majority vote of the commission at a regularly scheduled meeting. The chairman and commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office.
Page 4285
Section 2 . Said Act is further amended by striking Section 10 which reads as follows: Section 10. The chairman. The chairman shall be the chief executive officer of the county government, and shall generally supervise, direct, and control the administration or the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The chairman shall preside over meetings of the commission. The chairman shall establish rules and regulate purchasing services for all county departments, offices and agencies. He shall be further authorized to make purchases for the county in amounts not exceeding $2,500.00., in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. The chairman. The chairman shall preside over meetings of the commission. Section 3 . Said Act is further amended by inserting, following Section 10A, a new Section 10B, to read as follows: Section 10B. County manager. (a) There is created the office of county manager of Cobb County. The qualifications, method of selection, appointment, term of office, compensation, procedure for removal or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Cobb County. (b) In its discretion, the board of commissioners of Cobb County may select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office. In its discretion, the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in business administration, accounting, finance, or related fields and possess at least three years' experience as a county or city manager or as an assistant county or city manager; or the board of commissioners may require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess at least two years' experience as a county or city manager or as an assistant county or city manager.
Page 4286
(c) The county manager shall be the chief executive officer of Cobb County and the administrative head of the county government. He shall be responsible to the board of commissioners for the proper and efficient administration of all affairs of the county, except as otherwise provided by law. It shall be the duty of the county manager to: (1) See that all laws and ordinances of the county are enforced; (2) Exercise control over all departments or divisions of the county which the board or chairman of the board has heretofore exercised or that may hereafter be created, except as otherwise provided in this Act; (3) Keep the board of commissioners fully advised as to the financial condition and needs of the county; (4) Supervise and direct the official conduct of all appointive county officers and department heads, except as may be otherwise provided in this Act; (5) Attend all meetings of the board with the right to take part in the discussions, provided that the county manager shall have no vote on any matter or issue before the board; (6) Supervise the performance of all contracts made by any person for work done for Cobb County and to supervise and regulate all purchases of materials and supplies for Cobb County within such limitations and under such rules and regulations as may be imposed by the board of commissioners, provided that the county manager is authorized to make purchases and contracts for the county in amounts not exceeding $2,500.00; (7) Confer and advise with all other elected or appointed officials of Cobb County who are not under the immediate control of the board of commissioners but who receive financial support from said board; (8) Devote his entire time to the duties and affairs of his office and hold no other office or employment for remuneration while so engaged; and
Page 4287
(9) Perform such other duties as may be required of him by the board of commissioners. Section 4 . Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The commission. The commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules, and regulations, when so adopted, with proper entry thereof made on the commission minutes, shall be conclusive and binding on the county manager. The policies, rules, and regulations so adopted by the commission shall be carried out, executed, and enforced by the county manager as chief executive officer of the county, and the commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null, void, and of no effect. The following powers are vested in the commission and reserved to its exclusive jurisdiction: (1) To levy taxes; (2) To make appropriations; (3) To fix the rates of all other charges; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize contracts and purchases, except as otherwise provided in this Act, involving the expenditure of county funds; (7) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law; provided, however, that the
Page 4288
chairman shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To allow the insolvent lists for the county; (10) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county or by the commissioner or board of commissioners of the county; (11) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of roads and revenues of Cobb County in respect to zoning and planning; (12) To create and change the boundaries of special taxing districts authorized by law; (13) To fix the bonds of county officers where same are not fixed by statute; (14) To enact any ordinances or other legislation the county may be given authority to enact; (15) To determine the priority of capital improvements; (16) To call elections for the voting of bonds; (17) To exercise all of the power and authority formerly vested by law in the commissioner of roads and revenues of Cobb County or in the Cobb County Advisory Board together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power given to the chairman by the provisions of this Act; and (18) To make purchases in amounts over $2,500.00; provided, however, that, for any purchases in such amounts, advertisements for bids shall be first published for two consecutive weeks in the official organ of Cobb County. Formal, sealed bids, after said
Page 4289
advertising has been published, must be obtained on all purchases of $2,500.00 or more. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the commission, an emergency exists which will not permit a delay. Section 5 . Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. Appointment of county officials and employees. (a) The county manager shall have authority to appoint and fix the compensation of the appointive officers and employees of Cobb County subject to the following limitations and requirements: (1) The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this Act; (2) The compensation fixed by the county manager shall be within budgetary provisions subject to approval or rejection by a majority of the board of commissioners in each and every case; (3) All appointments shall be in accordance with the civil service merit system laws of Cobb County which may now be in force or which may be adopted, when such laws are applicable to such appointments; and (4) The county attorney and county physician shall be appointed by the board of commissioners and their compensation shall be fixed by the board of commissioners. (b) The commission, by majority vote, which majority may be the chairman and any two members or may be any three members of the commission, may remove from office or employment any department head of Cobb County, provided the removal of such department head is not otherwise provided for by the civil service merit system laws of Cobb County which may now be in force or which may be adopted. At any time, the county manager may discharge any employee or department head; any department head so discharged may appeal for just cause to the board of commissioners. The board of commissioners may, by majority vote, which majority may be the chairman and any two members of the commission or may be any three members of the commission, grant or reject any appeal for just
Page 4290
cause. Failure to grant an appeal shall constitute discharge of the department head. (c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to members of boards and commissions, and positions of employment in connection therewith, when such boards and commissions were created by law, nor to the elective county officers of Cobb County and employees under their supervision and control. (d) It is specifically provided that the elective county officers of Cobb County shall have the sole authority to appoint the personnel employed within their respective offices, subject to the civil service and merit system laws of Cobb County which may now be in force or which may be adopted, when applicable to such personnel, but the commission, by majority vote, which majority may be the chairman and any two members or may be any three members of the commission, shall have the authority to approve or reject the salary recommended for each such employee. Section 6 . Said Act is further amended by repealing Section 15 which reads as follows: Section 15. Executive Assistant to Chairman. The chairman shall appoint an executive assistant to the chairman. His compensation shall be approved by the board of commissioners of roads and revenues, which shall be spread upon the minutes of the board of commissioners of roads and revenues. Said executive assistant shall, in general exercise such routine duties of the chairman as shall be delegated to him by the chairman. The executive assistant shall have successfully completed formal training in business administration, engineering or public administration or shall have had at least two years' experience in one or more of the three fields. The executive assistant shall serve at the pleasure of the chairman or may be discharged by a majority vote of the board of commissioners. The chairman shall be authorized and empowered from time to time to increase, diminish, alter or modify the duties of the executive assistant, according to his discretion. Such authority shall be effective as of January 1, 1967., in its entirety.
Page 4291
Section 7 . 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. Department of Finance. The Department of Finance shall be under the supervision and control of the Cobb County comptroller. The comptroller shall be appointed by the county manager subject to approval or rejection by a majority vote of the board of commissioners, which majority may be the chairman and any two members or may be any three members of the commission. He 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. The compensation of the comptroller shall be fixed by the county manager subject to approval or rejection by a majority vote of the commission, which majority may be the chairman and any two members or may be any three members of the commission. The Department of Finance shall, pursuant to the resolutions adopted by the commission and instructions given by the county manager, perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the county; (2) Compile the annual budget covering all funds; (3) Make quarterly allotments of moneys appropriated and budgeted to each department, office, or agency of the county entitled to receive same; (4) Maintain current accounts over the collection and deposit of moneys due the county from taxes and other sources; (5) Examine all claims against the county and make recommendations as to payment; (6) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations;
Page 4292
(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 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 county manager and commission on financial matters; and (11) Perform such other duties as may be assigned by the county manager and commission. Section 8 . Said Act is further amended by striking Section 18 in its entirety and inserting in lieu thereof a new Section 18 to read as follows: Section 18. Record; minutes. The comptroller shall be ex officio clerk of the commission and chairman and, if the commission and chairman shall so elect, they may appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the commission shall contain all the acts, orders, and proceedings of the commission in chronological order. A similar book of minutes shall be kept which shall contain, in chronological order, all acts, orders, and proceedings of the county manager. The minute books of the county manager and commission shall be open to the public inspection at all times during regular office hours, and certified copies of any entries in the minute books shall be furnished by the 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 9 . 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. Expenditures by allotments. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The
Page 4293
county manager shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the comptroller and the Department of Finance, institute a system of quarterly allotments of all moneys appropriated and budgeted. Section 10 . (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 31, 1983. (b) Section 1 of this Act shall become effective on January 1, 1985. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1983 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. 1954, Ex. Sess. p. 2075) and for other purposes. This 31st day of Dec. 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder
Page 4294
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Representative from the 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: December 31, 1982, January 7, 14, 1983. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 12th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. CITY OF ADELELECTION DISTRICTSELECTION OF MAYOR AND COUNCILTERMS OF OFFICE, ETC. No. 384 (House Bill No. 341). AN ACT To amend an Act creating a charter for the City of Adel, approved March 17, 1960 (Ga. L. 1960, p. 3055), as amended, particularly by an
Page 4295
Act approved February 27, 1976 (Ga. L. 1976, p. 2757), so as to provide for election districts; to provide for the election of the mayor and council; to provide for terms of office; to provide for qualification and fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a charter for the City of Adel, approved March 17, 1960 (Ga. L. 1960, p. 3055), as amended, particularly by an Act approved February 27, 1976 (Ga. L. 1976, p. 2757), is amended by striking Section 9, which reads as follows: Section 9. Election, terms of mayor and councilmen; qualification; fees. That on the 3rd Wednesday in October of each year beginning on the 3rd Wednesday in October, 1960 and each succeeding year thereafter, there shall be an annual election for the mayor and councilmen of the City of Adel whose terms expire in said year. All persons elected at such election shall take office instanter following their election, and serve for a term of two years, and until their successors are elected and qualified. The mayor elected in the election held in the City of Adel on the 3rd Wednesday in October, 1959, shall remain in office until the 3rd Wednesday in October, 1961, and until his successor is elected and qualified. The two councilmen elected in the election held in the City of Adel on the 3rd Wednesday in October, 1959, shall remain in office until the 3rd Wednesday in October, 1961, and until their successors are elected and qualified; their offices shall be designated as Councilman Seat No. 1 and Councilman Seat No. 2. The three councilmen elected in the election held in the City of Adel on the 3rd Wednesday in October, 1958, shall remain in office until the 3rd Wednesday in October, 1960, and until their successors are elected and qualified; their offices shall be designated as Councilman Seat No. 3, Councilman Seat No. 4, and Councilman Seat No. 5. It is the intent of this paragraph that the officers named shall remain in office for the term for which they were elected, and at the expiration of their term, their successors shall be elected as set forth in this Section.
Page 4296
For the regular annual election, a person to be eligible to run for the office of mayor and councilman of said city shall qualify with the city clerk of said city during the period from thirty (30) days prior to the 3rd Wednesday in October of each year until 12:00 o'clock noon on the first Wednesday in October of each year. The city council shall set qualifying fees for said offices., in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Election, terms of mayor and councilmen; qualification; fees. (a) Beginning in 1983, and continuing each year thereafter, there shall be an annual election held on the third Wednesday in October for the election of the mayor and council members of the City of Adel whose terms expire in said year. All persons elected at such election shall take office instanter following their election and serve for a term of two years, except as provided in this subsection for certain council members elected in 1983, and until their successors are elected and qualified. Council members elected to District 1, Post 1, District 2, Post 1, and to Post at Large in the election held on the third Wednesday in October, 1983, shall serve for a term of one year and until their successors are elected and qualified. Thereafter, in succeeding years terms of all council posts shall be for a term of two years and until their successors are elected and qualified. (b) The mayor and two council members, formerly seat 1 and seat 2, elected in the election held on the third Wednesday in October, 1981, shall remain in office until the third Wednesday in October, 1983, and until their successors are elected and qualified. The three council members, formerly seat 3, seat 4, and seat 5, elected in the election held on the third Wednesday in October, 1980, shall remain in office until the third Wednesday in October, 1983, and until their successors are elected and qualified. (c) The City of Adel shall be divided into two election districts by a line running generally northerly and southerly creating an eastern district and a western district as described in subsection (d) of this section. The westerly district shall be known as Election District 1 and the easterly district shall be known as Election District 2. The mayor and one council member, whose seat shall be known as Council Post at Large, may reside in any part of the City of Adel and shall be elected by the voters of the entire city on a city-wide basis. Two council members, whose seats shall be known as District 1, Post 1 and
Page 4297
District 1, Post 2, shall reside in District 1 as described in subsection (d) of this section and shall be elected exclusively by the voters within said district. Two council members whose seats shall be known as District 2, Post 1 and District 2, Post 2 shall reside in District 2 as described in subsection (d) of this section and shall be elected exclusively by the voters within said district. (d) The line dividing the City of Adel for the purpose of creating said Election District 1 and Election District 2 is described as follows: Beginning at a point where U. S. Highway No. 41, also known as Ga. Highway No. 7, intersects with the Southerly boundary of the corporate limits of the City of Adel, thence Northerly along the centerline of said U. S. Highway 41 to the intersection of U. S. Highway 41 with Tenth Street; thence Westerly along the centerline of Tenth Street to the intersection of Tenth Street with Burwell Avenue; thence Northerly along centerline of Burwell Avenue to the intersection of Burwell Avenue with Ninth Street; thence Westerly along centerline of Ninth Street to the intersection of Ninth Street with Poplar Street; thence Northerly along the centerline of Poplar Street along the Westerly jog made by said Poplar Street between Sixth Street and Fifth Street and continuing Northerly along the centerline of Poplar Street to the intersection of Poplar Street with Fourth Street; thence Westerly along the centerline of Fourth Street to the intersection of Fourth Street with Pine Street; thence Northerly along the centerline of Pine Street to the intersection of Pine Street with Wells Avenue; thence Northeasterly along the centerline of Wells Avenue to the intersection of Wells Avenue with Talley Street; thence Easterly along the centerline of Talley Street to the intersection of Talley Street with U. S. Highway 41; thence Northerly along the centerline of U. S. Highway 41 to the intersection of U. S. Highway 41 with the Northerly corporate limits of the City of Adel. All areas lying in the City of Adel and West of said line and/or contiguous to areas lying West of said line shall comprise Election District One (1); all areas lying in the City of Adel and East of said line and/or contiguous to areas lying East of said line shall comprise Election District Two (2). (e) The district boundaries shall remain unchanged until publication of the 1990 decennial census by the U. S. Bureau of Census at which time said district boundaries shall be changed and the districts reapportioned in accordance with the provisions of Code Section 36-35-4.1 of the Official Code of Georgia Annotated.
Page 4298
(f) Candidates for the office of mayor and council of the City of Adel shall qualify for such office with the city clerk of said city during the period from 30 days prior to the third Wednesday in October of each year until 12:00 Noon on the first Wednesday in October prior to election of office which such candidate is seeking. The city council shall set qualifying fees for said offices. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating a Charter for the City of Adel approved March 17, 1960 (Ga. Laws 1960, p. 3055) as amended; to provide for a change in the method of qualifying and electing members of the governing authority; and for other purposes. This 27th day of December, 1982. Hanson Carter Representative, 146th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News which is the official organ of
Page 4299
Cook County, on the following dates: December 29, 1982, January 5, 12, 1983. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITYVACANCIES IN MEMBERSHIP, ETC. No. 385 (Senate Bill No. 289). AN ACT To provide for the existence of vacancies in the membership of the Powder Springs Downtown Development Authority under certain circumstances; to authorize the exclusion of certain property from taxation by the Powder Springs Downtown Development Authority; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Powder Springs Downtown Development Authority was created by an amendment to the Constitution ratified at the 1980 general election. Said amendment is set forth in Georgia Laws 1980 at pages 2035 through 2044. By an amendment to the
Page 4300
Constitution ratified at the 1982 general election as set forth in Georgia Laws 1982, pages 2505, 2506, the General Assembly was authorized by local law to modify, expand, or limit the powers of the authority; to change the membership of the authority; to change the manner of operation of the authority; to modify, expand, or limit the power of taxation of the authority; and to provide for exemptions from taxation by the authority. This Act is pursuant to the authority of the 1982 amendment to the Constitution. Section 2 . The 1980 constitutional amendment described in Section 1 of this Act which created the Powder Springs Downtown Development Authority is amended by adding at the end of quoted paragraph (b) of Section 1 the following: A vacancy shall exist if a member is absent from two consecutive regular meetings of the authority, unless granted a leave of absence by a majority of the members of the authority and such leave of absence is entered on the minutes of the authority. The grant of a leave of absence may be given prior to the absences or at the first regular meeting following the two absences, but the grant of a leave of absence shall be at the discretion of the authority. When a vacancy is created as provided by this paragraph, the chairperson of the authority shall immediately notify the mayor and council of such vacancy. Section 3 . Said 1980 amendment to the Constitution is further amended by adding at the end of quoted paragraph (e) of Section 1 thereof the following: The authority is authorized to exclude from taxation by the authority any owner occupied property located within the downtown development district which is zoned residential. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to amend an Act creating the Powder Springs Development Authority as heretofore amended, and for other purposes.
Page 4301
This 31st day of Dec. 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 28, February 4, 11, 18, 25, 1983. /s/ Roy E. Barnes Senator, 33rd District
Page 4302
Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. EAST POINT BUILDING AUTHORITY CREATEDPOWERS, DUTIES, ETC. No. 387 (Senate Bill No. 308). AN ACT To create and establish the East Point Buildings Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the Authority to acquire, construct, equip, maintain, and operate self-liquidating projects, including buildings and facilities for use by the City of East Point for its governmental, proprietary, and administrative functions; to authorize the City of East Point to lease or sell lands and buildings to the Authority; to provide for the appointment of members of the Authority; to define certain terms and words; to confer powers and impose duties on the Authority; to grant limitations to the Authority; to authorize the Authority and the City of East Point to enter into contracts and leases pertaining to uses 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 East Point, 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 granted; to authorize the issuance of revenue bonds of the Authority payable
Page 4303
from the revenues, rents, and earnings and other functions of the Authority to pay the costs of such project; 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 for jurisdiction of actions relating to any provision 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 for severability; to provide an effective date; to define the scope of the Authority's operation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . East Point Building Authority created. There is created a public body corporate and politic to be known as the East Point Building 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, but not limited to, buildings, sanitary and surface water sewers, streets, roads and public facilities of every nature, type and character, for use by the City of East Point for its governmental, proprietary, public, and administrative functions, and the City of East Point is granted the right and power by proper resolution of its governing authority 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 creation of the state, having distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the Georgia State Financing and Investment Commission Act. The Authority shall have its principal office in Fulton County, and its legal situs or residence for the purposes of this chapter shall be Fulton County.
Page 4304
Section 2 . Membership. The Authority shall consist of five members who shall be eligible to succeed themselves and who shall be elected by the Mayor and Council of the City of East Point. The members of said Mayor and Council shall be eligible to be elected to and serve on the Authority. The members of the Authority shall hold office for terms of four years and until their successors shall have been elected; provided, however, that of the original members elected to the Authority three shall be elected to terms of one year each and two shall be elected to terms of three years. Upon the expiration of each of such initial terms, the successors shall be elected for terms of four years. Any vacancy on the Authority shall be filled for the unexpired term by the Mayor and Council. Immediately after their election, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and one as Vice-Chairman. The Secretary/Treasurer of the Authority shall be the City Manager of the City of East Point, or his or her designee, who shall not be a member of the Authority. Three members of the Authority shall constitute a quorum and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. The members of the Authority shall receive no compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government and shall have perpetual existence. Section 3 . Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (1) The word Authority shall mean the East Point Building Authority created by this Act. (2) 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 undertakings: buildings and facilities intended for use as a city hall, jail, police department, fire department, administrative services, governmental offices, communications services, proprietary and utility offices, stadia, auditorium and sports and recreational facilities, parking facilities, streets, roads and rights of ways, sanitary and
Page 4305
surface water sewers, and facilities for fairs and exhibitions and events of all types and character, 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 East Point, or of the State of Georgia in the performance of its governmental, proprietary, and administrative functions. (3) The term cost of project shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specifications, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof, and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation. (4) The term revenue bonds shall mean revenue bonds issued under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and under the provisions of this Act. The obligations authorized under this Act 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, it shall have 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 East Point; and, without limiting the generality of the foregoing,
Page 4306
authority is specifically granted to the City of East Point 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 East Point 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 for the use of such property so leased and also obligate itself as a part of the undertaking to pay debt service incurred in connection with such property, and to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; and the sums agreed to be paid under the provisions of such lease contracts or related agreements may be pledged or assigned to secure the payment of revenue bonds issued hereunder; (4) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the O.C.G.A., relating to proceedings before a special master, 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
Page 4307
it expedient to construct any project on lands which are subject to the control of the City of East Point, the governing authority of the City of East Point is 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 authority, on behalf of the City of East Point, as Grantor, taking into consideration the public benefit to be derived from such conveyance; (5) To improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (6) To pledge or assign any revenues, income, rent, charges, and fees received by the Authority; (7) To appoint and select, agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (8) To construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Authority or any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America, and any other contributions, all of which the Authority is authorized to receive, accept, and use 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 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;
Page 4308
(11) To exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state; and (12) Pursuant to proper resolution of the Authority to issue revenue bonds payable from the rents and revenues of the Authority and its projects, to provide funds for carrying out the purposes of the Authority, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the 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 were 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 Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with Code Section 50-17-1, relating to use of facsimile signatures on public securities, 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 of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or the City of East Point; 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
Page 4309
the issuance and securing the payment of such bonds; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said city to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said city nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. However, said municipality may obligate itself to pay the amounts required under any contract entered into with the Authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Article IX, Section VII, Paragraph I; and, when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an 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
Page 4310
Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. Section 7 . Refunding bonds. The Authority is 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 Fulton 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
Page 4311
Court of Fulton County in which court such validation proceedings shall be initiated. Section 10 . Interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of the Authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority shall be created which will compete with the Authority so as to affect adversely the interest and rights of the holders of such bonds nor will the state itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 11 . Revenues, earnings, rents, and charges; use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the Authority. (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (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;
Page 4312
(5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds; (6) To pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees. (b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking by the Authority of any such project and may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable. (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at 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.
Page 4313
(g) The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 12 . Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the Authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the Authority to payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase; and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance 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 an 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
Page 4314
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. Section 18 . Effective date. This Act shall be effective on the date on which it is signed by the Governor or on the date on which it becomes law without his signature. Section 19 . Scope of operations. The scope of the Authority's operation shall be limited to the territory embraced within the corporate limits of the City of East Point 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 East Point; 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.
Page 4315
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 repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of East Point, Georgia, intends to apply for the passage of local legislation in the 1983 regular session of the General Assembly of Georgia, which convenes in January, 1983. The title of the Bill or Bills to be introduced shall be entitled as follows: An Act to create and establish the East Point Building Authority; and for other purposes. This 2nd day of February, 1983. Georgia N. Sparrow, Jr. Attorney for the City of East Point, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Coggin, who, on oath, deposes and says that he is Senator from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the
Page 4316
official organ of Fulton County, on the following dates: February 4, 7, 14, 1983. /s/ Frank E. Coggin Senator, 35th District Swron to and subscribed before me, this 24th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. GORDON COUNTY BOARD OF COMMISSIONERSPOWERS, DUTIES, ETC. CHANGED. No. 388 (Senate Bill No. 307). AN ACT To amend an Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended by an Act providing for a Board of Commissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719), so as to change the provisions relative to the county administrator; to change the provisions relative to purchasing and the disposition of property; to change the provisions relative to the inventory of property; to change the provisions relative to audits; to change the provisions relative to compensation of the chairman and members of the board; to change the provisions relative to vacancies; to repeal conflicting laws; and for other purposes.
Page 4317
Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended by an Act providing for a Board of Commissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719), is amended by striking subsection (c) of Section 3 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The Board of Commissioners shall employ a County Administrator to carry out such administrative functions as the Board of Commissioners shall assign or delegate to him. The County Administrator shall serve at the pleasure of the Board and shall receive such compensation as shall be fixed by the Board of Commissioners. The County Administrator shall devote his full time to the duties of his office. Section 2 . Said Act is further amended by striking Sections 4 and 5 in their entirety and substituting in lieu thereof new Sections 4 and 5 to read as follows: Section 4. The Board of Commissioners may purchase necessary machinery, tools, equipment and supplies for county use. All such purchases, except repairs in excess of $2,500.00, including supplies, materials, equipment and road machinery shall be made upon a sealed competitive bid, and to this end it shall be the duty of the Board of Commissioners to prepare quarterly an estimate of the county's needs and requirements covering the next quarter and to have invitation to bids covering such estimate published in the official organ of the county, for which publication the legal rates of advertising shall be paid. The aforesaid estimate of said requirements shall be dividend into commodity divisions and bids shall be requested thereupon. Invitation to bid will also be mailed to known interested buyers outside the boundaries of the county. The Board of Commissioners shall maintain a file of all qualified vendors who desire to do business with the county, which file shall be maintained according to the nature of goods and materials offered and shall contain a description of the vendor's commodities. Written requirement of the item(s) to be purchased, including the trade name or its equivalent in quality, will be included with the invitation to bid. Said advertisement shall state the date and place of the opening of said bids and the letting of said contract All of said bids shall be received under seal and all bids received under seal shall not be opened until
Page 4318
the specified time and place. At said time and place, said bids so received shall be opened and thereafter filed for two years in the office of the Board of Commissioners for public inspection. The contract for said supplies, materials, equipment and road machinery shall be purchased from the lowest bidder. Section 5. When any personal property, with an acquisition value of $500.00 or more, owned by the county has become worn out, useless, junk or has been used to such an extent that it is advisable to dispose of it, the Board of Commissioners will certify in writing that such equipment is no longer useful in the service of the county. Upon such certification, the Board of Commissioners 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 Board of Commissioners to sell such county personal property except by competitive sealed bids or at public auction after advertisement for such bids in the official organ of Gordon County once 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 100 percent cash 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 Board of Commissioners and shall be open to the public for inspection at any time within such two-year period. The Board of Commissioners may dispose of unserviceable county property having an acquisition value of less than $500.00 in any manner deemed in the best interest of the county. Any proceeds received therefrom will be deposited in the county treasury. Section 3 . Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Section 7. It shall be the duty of the Board of Commissioners to maintain an accurate running list of all county real and personal property having a value of $250.00 or more. An annual inventory of all property subject to said board's control shall be taken on or before January 15 of each year. The inventory list shall include the nomenclature of the item, make and serial number, date of purchase or disposal, name of seller or buyer and price of the item. The Board of Commissioners shall submit a copy of the inventory to the first meeting of the grand jury after the inventory has been taken.
Page 4319
Section 4 . Said Act is further amended by striking subsection (b) of Section 10 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The auditor so employed shall make the audits provided for herein in accordance with generally accepted accounting procedures and principles and shall submit a complete and final report and audit to the Board of Commissioners by not later than 180 days after the close of the budget year of Gordon County. All audits provided for herein shall be certified to include and shall include, but shall not be limited to, a full and complete audit containing a balance sheet, a profit and loss statement, a detailed statement of all receipts and disbursements, a detailed financial listing of fixed assets (except school property) belonging to Gordon County, and a statement showing all indebtedness of whatever kind of the county, its departments and agencies. Such audit shall, in addition to showing a complete audit on a county basis, contain a separate audit for each department and agency of the county government. The auditor will indicate if any county funds have been misappropriated during the fiscal year being audited. In the statement of receipts and disbursements, said auditor shall list the names of persons, firms or corporations who received a total of $100.00 or more during the preceding quarter and budget year and also the purpose or purposes for which such amounts were disbursed. Should any auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the county, its departments and agencies, it shall be the duty of such auditor to immediately report such violation or irregularity to the Board of Commissioners and to the grand jury then in session or, if no grand jury is in session, then to the first grand jury convened after such violations or irregularities are discovered. Section 5 . Said Act is further amended by striking subsection (e) of Section 10 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) All annual audits shall be published in the legal organ of Gordon County within 180 days after the end of the budget year. Section 6 . Said Act is further amended by striking subsection (a) of Section 13 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
Page 4320
(a) Each member of the Board of Commissioners, other than the Chairman, shall be compensated in the amount of $100.00 for attending each meeting of the Board of Commissioners, and such compensation shall be paid from the funds of Gordon County. The Chairman shall be compensated in the amount of $150.00 for attending each meeting of the Board of Commissioners, and such compensation shall be paid from the funds of Gordon County. Section 7 . 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. When a vacancy occurs in the membership of the Board of Commissioners and the unexpired term of office exceeds 12 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 to fill said vacancy in not less than 60 nor more than 90 days after the occurrence of said vacancy. Any such election shall be held as provided by existing laws governing all special elections, and the cost of same shall be defrayed by the proper county authorities. In the event the unexpired term to be filled is 12 months or less in duration, the Chief Judge of the Superior Court of Gordon County shall have power to appoint a successor to fill the unexpired term. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend the Act creating the Board of Commissioners of Gordon County; and for other purposes. This 3rd day of January, 1983.
Page 4321
J. C. Maddox Representative, 7th District Max Brannon Senator, 51st District Georgia, Gordon County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max Brannon, who, on oath, deposes and says that he is Senator from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following dates: January 5, 12 and 19, 1983. /s/ Max Brannon Senator, 51st District Sworn to and subscribed before me, this 23rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4322
GWINNETT COUNTY BOARD OF EDUCATIONCOMPENSATION OF MEMBERS, EXPENSE ALLOWANCES, ETC. No. 389 (Senate Bill No. 305). AN ACT To amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, so as to change the compensation of the board and provide for expense allowances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, is amended by striking Section 2 thereof, which reads as follows: Section 2. Each member of the Board of Education of Gwinnett County shall be compensated in the amount of $100.00 per month., and inserting in its place a new Section 2 to read as follows: Section 2. Each member of the Board of Education of Gwinnett County shall be compensated in the amount of $150.00 per month, plus an expense allowance of $150.00 per month for expenses incurred in the performance of the member's duties within the county, plus reimbursement for actual and necessary expenses incurred in the performance of the member's duties outside the county. Section 2 . This Act shall become effective July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4323
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a Bill to provide for an increase in the compensation to be paid to members of the Board of Education of Gwinnett County, to provide for related matters thereto and for other purposes. Board of Education 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 is Senator from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: February 2, 9, 16, 1983. /s/ R. T. Phillips Senator, 9th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4324
SOUTH COBB DEVELOPMENT AUTHORITYAREA ENLARGED. No. 390 (Senate Bill No. 303). AN ACT To amend an Act known as the South Cobb Development Authority Act, approved April 12, 1982 (Ga. L. 1982, p. 3772), so as to provide for the enlargement of the South Cobb Development Area; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the South Cobb Development Authority Act, approved April 12, 1982 (Ga. L. 1982, p. 3772), is amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Development Area, as defined in this Act, is established as that tract or parcel of land located in Cobb County, Georgia, as follows: `All non-residentially zoned parcels of real property (as said parcel boundaries may now or hereafter be constituted), all or part of which lie wholly or partially within 200 feet of the right of way of Bankhead Highway (Georgia State Highway 78), beginning at the intersection of Maxham Road/Austell Road and Bankhead Highway in the City of Austell, and running thence East along Bankhead Highway to the intersection thereof with Dodgen Road. `Also, all non-residentially zoned parcels of real property (as said parcel boundaries may now or hereafter be constituted), all or part of which lie wholly or partially within 200 feet of the right of way of Gordon Road Extension and Gordon Road, beginning at the intersection of Gordon Road Extension and Barnes Drive, and running thence South along Gordon Road Extension and Gordon Road to the intersection thereof with the South line of Land Lot 189 of the 18th District of Cobb County, Georgia. `Also, the following tracts of land:
Page 4325
Tract I All of Land Lot 1304 of the 19th District, 2nd Section of Cobb County, Georgia, lying South of the railroad right of way and East of Maxham Road/Austell Road. Tract II All of Land Lot 1303 of the 19th District, 2nd Section of Cobb County, Georgia, lying South of the railroad right of way. Tract III All of Land Lot 1302 of the 19th District, 2nd Section of Cobb County, Georgia. Tract IV All of Land Lot 1288 of the 19th District, 2nd Section of Cobb County, Georgia, lying South of the railroad right of way. Tract V All of Land Lot 1289 of the 19th District, 2nd Section of Cobb County, Georgia, lying West of June Drive and an extension of the East side of the right of way of June Drive northerly to the North line of said Land Lot. Tract VI All that tract or parcel of land lying and being in Land Lot 107 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point on the North side of Lions Club Drive 152 feet East of the intersection thereof with the West line of said Land Lot, and running thence northerly 548.3 feet to a point and corner; running thence easterly 223 feet to a point and corner; running thence southerly 352.9 feet to a point; continuing thence southerly 229.7 feet to a point and corner on the North side of Lions Club Drive; running westerly along the North side of Lions Club Drive (which would also be the northern limits of the South Cobb Development Area as described elsewhere herein) 437.5 feet to the point of beginning; and
Page 4326
being the property now or formerly owned by Skating Clubs of Georgia, Inc.' Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend the South Cobb Development Authority Act (Ga. Laws 1982, p. 3772), and for other purposes. This 2nd day of February, 1983. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official
Page 4327
organ of Cobb County, on the following dates: February 4, 11, 18, 1983. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. CITY OF MACONMANNER OF SELECTING PRESIDENT PRO TEMPORE OF CITY COUNCIL. No. 391 (Senate Bill No. 302). AN ACT To amend an Act providing a new charter for the City of Macon, approved March 23, 1977 (Ga. L. 1977, p. 3776), so as to provide that the president pro tempore of the city council shall be selected from the full body of council by majority vote of all members of council; to provide for filling a vacancy of the presidency; to provide for all related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 4328
Section 1 . An Act providing a new charter for the City of Macon, approved March 23, 1977 (Ga. L. 1977, p. 3776), is amended by striking Section 2-301, relating to the president and president pro tempore of the council, and inserting in its place a new Section 2-301 to read as follows: Section 2-301. President and president pro tempore. The council shall select, by a majority vote of all members, a president of the council from among the council members elected at large. The council shall select, by a majority vote of all members, a president pro tempore from among the council members as a whole. The selection shall be held at the organizational meeting of the council after the municipal election and the president and president pro tempore shall serve for the same term as other council members, subject to removal from the presidency or presidency pro tempore by a vote of ten council members for removal. In the event the presidency of the council becomes vacant for any reason, a new president of council shall be selected as set out in this section. Section 2 . Said Act is further amended by striking subsection (c) of Section 2-303, relating to powers and duties, and inserting in its place a new subsection to read as follows: (c) The president pro tempore shall have all the rights, privileges, and responsibilities of the other council members and shall serve as acting president of the council if, for any reason, the president is temporarily unable to serve or is acting as mayor. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given the Mayor and Council of the City of Macon that there will be introduced in the 1983 Session of the General Assembly of Georgia a bill to amend the Macon City Charter, adopted by Ga. Laws 1977, p. 3776, as amended, so as to provide that the President Pro-Tempore of the City Council shall be selected by the full body of Council by a majority vote of all members of Council, to provide for filling a vacancy of the presidency of Council, to repeal conflicting law and for other purposes.
Page 4329
Notice is also given that said legislation may be amended by any germane amendment. This 2nd day of February, 1983. Joan W. Wooley Attorney for the City of Macon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard L. Greene, who, on oath, deposes and says that he is Senator from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: February 4, 11, 18, 1983. /s/ Richard L. Greene Senator, 26th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4330
CITY OF MILLEDGEVILLECOMPENSATION OF MAYOR AND ALDERMEN. No. 392 (Senate Bill No. 299). AN ACT To amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the compensation of the mayor and aldermen of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by striking Section 18 in its entirety and inserting in lieu thereof a new Section 18 to read as follows: Section 18. (a) The mayor and aldermen shall receive the following salaries for their services on the governing authority of the City of Milledgeville: (1) Mayor - $400.00 per month; (2) Mayor pro tempore - $300.00 per month; (3) Alderman - $250.00 per month. (b) The mayor and aldermen shall also be entitled to receive a travel allowance in carrying out their duties as follows: (1) Mayor - $100.00 per month; (2) Mayor pro tempore - $75.00 per month; (3) Alderman - $50.00 per month. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 4331
Introduce Legal Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended; and for other purposes. This 29th day of December 1982. Culver Kidd Senator, 25th District Bobby E. Parham Representative, 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union Recorder which is the official organ of Baldwin County, on the following dates: January 1, 5, 14, 1983. /s/ Culver Kidd Senator, 25th District
Page 4332
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 18, 1983. STATE COURT OF DEKALB COUNTYTERMS OF COURT. No. 393 (House Bill No. 753). AN ACT To amend an Act creating and establishing the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to provide for procedure 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 DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 13, 1951 (Ga. L. 1951, p. 2401), as amended, is amended by striking in its entirety Section 9, relating to the terms of court, and substituting in lieu thereof a new Section 9, to read as follows: Section 9. There shall be held four terms of the State Court of DeKalb County, Georgia, in each year and such terms shall be held as follows: The first term shall convene annually on the first Monday in
Page 4333
January, the second term shall convene annually on the first Monday in April, the third term shall convene annually on the first Monday in July, and the fourth term shall convene annually on the first Monday in October after the passage of this Act to be held at the place provided for holding the same in DeKalb County, and such terms shall remain open for the transaction of business until the next succeeding term of said court. Each term of said court shall have a jury and a nonjury calendar. When there are not sufficient contested jury cases, the judge of said court, in his own discretion, may omit the drawing of a jury for any term of said court, however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases. Section 2 . 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 repealed. Notice to Apply for Local Legislation. An Act to amend an Act creating and establishing the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. Laws 1951, p. 2401) as amended; to provide for procedure of said Court; to repeal conflicting laws; and for other purposes. This 27th day of January, 1983. 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
Page 4334
and says that he 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: February 3, 10, 17, 1983. /s/ J. Max Davis Representative, 45th District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. JEFF DAVIS COUNTY BOARD OF COMMISSIONERSCOMPOSITION OF ELECTION DISTRICTS CHANGED. No. 394 (House Bill No. 749). AN ACT To amend an Act creating a board of commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the composition of the districts from which members of the board of commissioners are elected; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 4335
Section 1 . An Act creating a board of commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, is amended by adding after Section 2 a new Section 2A to read as follows: Section 2A. For the purpose of electing members of the board of commissioners of Jeff Davis County in 1986 and thereafter, Jeff Davis County is divided into five commissioner districts. Each such commissioner district shall consist of a portion of Jeff Davis County, described as follows: District Number 1: Beginning at the Intersection of the Altamaha River and U. S. Highway 221 (GA 135) and proceeding southward along this Highway to its intersection with the Southern Railroad line within the municipal boundaries of the City of Hazlehurst. The District line then turns northwest and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns northeast and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highway 341 23 (GA 19 27). The District line then follows this Highway northwest to the intersection with County Road 18 where it turns north and follows CR 18 to its intersection with County Road 114. The District line then follows CR 114 to its intersection with County Road 185. The District line then proceeds northward until it intersects with the Ocmulgee River. District Number 2: Beginning at the intersection of the Altamaha River and U. S. Highway 221 (GA 135) and proceeding southward along this highway to its intersection with the Southern Railroad line within the municipal boundaries of the City of Hazlehurst. The District line then turns southeast and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns southwest and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highway 23 (GA 19). The District line then proceeds southeastward along this Highway to its intersection with County Road 173 where it turns east and follows CR 173 to its intersection with County Road 257. The District line then follows CR 257 southeast to its intersection with County Road 172 where it turns northeast and follows CR 172 to the County Line of Jeff Davis and Appling Counties.
Page 4336
District Number 3: Beginning at the intersection of the Coffee County line and County Road 293 and proceeding north along CR 293 to its intersection with County Road 249 where it follows CR 249 west to U. S. Highway 221 (GA 135). The District line then proceeds north along this highway to the municipal boundary of the City of Hazlehurst where it turns east and follows the municipal boundary of the City of Hazlehurst until it intersects with County Road 293. The District line then follows CR 293 north to its intersection with U. S. Highway 23 (GA 19) where it proceeds northwest to the intersection of U. S. Highway 221 (GA 135) and Georgia Highway 268. The District line then follows U. S. Highway 221 (GA 135) north to its intersection with the Southern Railroad line. The District line then turns southeast and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns southwest and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highway 23 (GA 19). The District line then proceeds southeast along this Highway to its intersection with County Road 173 where it turns east and follows CR 173 to its intersection with County Road 257. The District line then follows CR 257 southeast to its intersection with County Road 172 where it turns northeast and follows CR 172 to the County Line of Jeff Davis and Appling Counties. District Number 4: Beginning at the intersection of the Coffee County line and County Road 293 and proceeding north along CR 293 to its intersection with County Road 249 where it follows CR 249 west to U. S. Highway 221 (GA 135). The District line then proceeds north along this highway to the municipal boundary of the City of Hazlehurst where it turns east and follows the municipal boundary of the City of Hazlehurst until it intersects with County Road 293. The District line then follows CR 293 north to its intersection with U. S. Highway 23 (GA 19) where it proceeds northwest to the intersection of U. S. Highway 221 (GA 135) and Georgia Highway 268. The District line then follows GA 268 to its intersection with County Road 8 and then follows County Road 8 to its intersection with County Road 10. The District line then follows County Road 10 south to its intersection with GA 268 where it proceeds southwest to the intersection with Georgia
Page 4337
Highway 107. The District line then follows GA 107 west to the Coffee County line. District Number 5: Beginning at the intersection of the Coffee County line and Georgia Highway 107 and proceeding east to the intersection with Georgia Highway 268. The District line then follows GA 268 northeast to its intersection with County Road 10 where it follows CR 10 to its intersection with County Road 8. The District line then follows County Road 8 east to its intersection with GA 268 where it proceeds northeast to the intersection with U. S. Highway 221 (GA 135). The District line then follows U. S. Highway 221 (GA 135) north to its intersection with the Southern Railroad line. The District line then turns northwest and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns northeast and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highways 341 23 (GA 19 27). The District line then follows this Highway northwest to the intersection with County Road 18 where it turns north and follows CR 18 to its intersection with County Road 114. The District line then follows CR 114 to its intersection with County Road 185. The District line then proceeds northward until it intersects with the Ocmulgee River. Section 2 . This Act shall become effective on January 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Legal. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act Creating a Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. Laws 1958, page 3288) as amended; and for other purposes.
Page 4338
This 24th day of January, 1983. Roger Byrd Representative, 153rd District Publisher's Affidavit. Georgia, Jeff Davis County. In person appeared, Thomas H. Purser, Editor and publisher of the Jeff Davis County Ledger, a newspaper published in said county in which sheriff sales and advertisements are published, and as such deponent says that the following notice was published in said paper on January 26, February 2, and February 9, 1983. This 14th day of February, 1983. /s/ Thomas H. Purser Editor and Publisher Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Lonnie V. Roberts Notary Public. My Commission Expires 11/5/84. (Seal). Approved March 18, 1983.
Page 4339
FLOYD COUNTY MERIT SYSTEMADDITIONAL EXEMPTION FROM COVERAGE, ETC. No. 395 (House Bill No. 744). AN ACT To amend an Act known as the Floyd County Merit System Act, approved April 9, 1969 (Ga. L. 1969, p. 2505), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3638), so as to provide an additional exemption from coverage under the merit system; to change who certifies the results of certain elections for members of the board of the merit system; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Floyd County Merit System Act, approved April 9, 1969 (Ga. L. 1969, p. 2505), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3638), is amended by adding at the end of the listing of exceptions in the first undersignated paragraph of Section 2 thereof the following: (x) The Chief Tax Assessor of Floyd County. Section 2 . Said Act is further amended by striking from paragraph (2) of subsection (d) of Section 3 thereof the following: Senior Superior Court Judge of the Rome Judicial Circuit, and inserting in its place the following: election superintendent of Floyd County, so that when so amended, said paragraph shall read as follows: (2) Within 30 days after April 6, 1981, 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 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
Page 4340
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 election superintendent of Floyd County and entered upon the minutes of the governing authority of Floyd County. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating a merit system for the government of Floyd County, approved April 9, 1969 (Ga. L. 1969, p. 2505), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3638); and for other purposes. This 29th day of January, 1983. John Adams Representative, 16th District Buddy Childers 15th District, Post 1 Forrest McKelvey 15th District, Post 2 Ed Hine Senator, 52nd District
Page 4341
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: February 3, 10, 17, 1983. /s/ John Adams Representative, 16th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. CITY OF DOERUN CHARTER AMENDED. No. 396 (House Bill No. 730). AN ACT To amend an Act providing a new charter for the City of Doerun in Colquitt County, approved April 28, 1975 (Ga. L. 1975, p. 4690), so as to correct an error; to provide for the time of election of the mayor and council members; to repeal conflicting laws; and for other purposes.
Page 4342
Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new charter for the City of Doerun in Colquitt County, approved April 28, 1975 (Ga. L. 1975, p. 4690), is amended by striking Section 5.10 which reads as follows: Section 5.10. Regular Elections. On the first Saturday in December of odd-numbered years, two councilmen from posts one and two and the mayor shall be elected to serve for two years. On the first Saturday in December of even-numbered years, three councilmen from posts three, four and five shall be elected to serve for two years. Any person to be elected to office must receive a majority of the votes. In the event no candidate receives the highest number of votes, the two candidates receiving the highest number of votes will be in a runoff 14 days after the regular election. In all future elections, candidates must qualify for posts which they wish to occupy; Post #1 now being held by R. E. Etheridge; Post #2 now being held by J. C. Strickland, Jr.; Post #3 now being held by John Cole; Post #4 now being held by C. W. Davidson; and Post #5 now being held by C. J. Oakes. The term of office of members of the council shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.30 of this Chapter., and inserting in its place a new Section 5.10 to read as follows: Section 5.10. Regular Elections. On the first Saturday in December of even-numbered years, two councilmen from posts one and two and the mayor shall be elected to serve for two years. On the first Saturday in December of odd-numbered years, three councilmen from posts three, four and five shall be elected to serve for two years. Any person to be elected to office must receive a majority of the votes. In the event no candidate receives the highest number of votes, the two candidates receiving the highest number of votes will be in a runoff 14 days after the regular election. In all elections, candidates must qualify for posts which they wish to occupy. The term of office of members of the council shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.30 of this charter. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 4343
Notice of Intent to Request the Introduction of Local Legislation. Notice is hereby given that the Mayor and Council of the City of Doerun will ask Honorable Marcus Collins to introduce local legislation in the present session of the Georgia General Assembly to amend the City Charter to change the sequence of offices and council posts to be filled at each annual city election to conform to the pattern prevailing until a recent charter change which inadvertently reversed that sequence. By Order of the Mayor and Council of the City of Doerun. Publisher's Affidavit. Georgia, Colquitt County. Before me, the undersigned, Notary Public, this day personally came Gary W. Boley, who, being first duly sworn, according to law, says that he is the publisher of The Weekly Moultrie Observer, official newspaper published at Moultrie, in said county and state, and that the publication, of which the annexed is a true copy, was published in said paper on the 26th day of January and on the 2nd and 9th days of February, 1983. As provided by law. /s/ Gary W. Boley Subscribed and sworn before me, this 17th day of February, 1983. /s/ Bobbie F. Brigman Notary Public. My Seal Expires January 16, 1987. (Seal). Approved March 18, 1983.
Page 4344
CITY OF JACKSONVACANCIES IN OFFICE OF MAYOR AND COUNCIL, ETC. No. 397 (House Bill No. 722). AN ACT To amend an Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended, so as to provide a procedure for declaring vacant the seat of a mayor or councilman who removes from his ward or the city; to change the maximum fine which may be imposed for violations of city ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended, is amended by adding a new Section 6.1 to read as follows: Section 6.1. If any councilman ceases to be a resident of the ward from which he was elected or of the city or if the mayor ceases to be a resident of the city, the council or the remaining members thereof shall, after notice and opportunity for a hearing is given to such officer, declare his office vacant. Section 2 . Said Act is further amended by striking from Section 30 the following: five hundred dollars ($500.00), and inserting in lieu thereof the following:
Page 4345
fifteen hundred dollars ($1,500.00), so that when so amended said Section 30 shall read as follows: Section 30. Said mayor and council shall have full power and authority to prescribe by ordinance, from time to time, the several penalties to be imposed for violations of the ordinances, rules, and regulations of said city; such penalties not to exceed for any one such violation a fine of more than fifteen hundred dollars ($1,500.00), imprisonment in the city jail for a period of more than six (6) months, or labor on the public works of the city for a period of more than six (6) months, or all, part or any combination thereof. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an act creating a new charter for City of Jackson. Approved February 15, 1952 (Georgia laws 1952, page 2803). As amended; to provide for related matter, to repeal conflicting laws, and for other purposes. This the 24th day of January, 1983. Bill Jones Representative, 78th District Affidavit. I certify that I am publisher of the Jackson Progress-Argus a weekly newspaper published in Jackson, Georgia in which all legal
Page 4346
notices of the County of Butts are published, and that the notice shown attached was published in the issue of said newspaper dated January 26, February 2, and 9. /s/ W. Herman Cawthon Publisher Sworn to and subscribed before me, this 15th day of February, 1983. /s/ Cindy Cook Notary Public, Georgia State at Large. My Commission Expires November 28, 1986. (Seal). Approved March 18, 1983. STATE COURT OF CARROLL COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 398 (House Bill No. 712). AN ACT To amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3474) and an Act approved April 6, 1981 (Ga. L. 1981, p. 3816), so as to change the compensation of the judge and solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 4347
Section 1 . An Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3474) and an Act approved April 6, 1981 (Ga. L. 1981, p. 3816), is amended by striking from subsection (b) of Section 4 of said Act the following: $20,000.00, and inserting in lieu thereof the following: $26,000.00, so that when so amended subsection (b) of Section 4 shall read as follows: (b) The judge of the court shall receive an annual salary of $26,000.00, payable in equal monthly installments from county funds. Section 2 . Said Act is further amended by striking from subsection (a) of Section 7 the following: $30,000.00, and inserting in lieu thereof the following: $36,000.00, so that when so amended subsection (a) of Section 7 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 tempore. The solicitor of said state court shall receive an annual salary of $36,000.00, 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, moneys, and all other emoluments and perquisites formerly allowed
Page 4348
as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, 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 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1983 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 11th day of January, 1983. /s/ Charles A. Thomas, Jr. /s/ Gerald L. Johnson /s/ Wayne Garner
Page 4349
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1983 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 11th day of January, 1983. /s/ Charles A. Thomas, Jr. /s/ Gerald L. Johnson /s/ Wayne Garner Affidavit. Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Daily-Times Georgian legal organ for Carroll County. The following dates, to-wit: Jan. 13, Jan. 20, Jan. 27 and Feb. 3. Sworn to on the 11th day of February, 1983. /s/ Stanley Parkman Publisher
Page 4350
Sworn to and subscribed before me, on the 16th day of February, 1983. /s/ Linda W. Jeter Notary Public. Approved March 18, 1983. PROBATE COURT OF NEWTON COUNTYPROCEDURE IN PROSECUTIONS FOR VIOLATIONS OF COUNTY ORDINANCES. No. 399 (House Bill No. 710). AN ACT To amend an Act relating to jurisdiction of the Newton County probate court over violations of ordinances of Newton County, approved April 12, 1982 (Ga. L. 1982, p. 4441), so as to provide that prosecutions shall be commenced by a citation completed and served by any authorized agent of the county; 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 relating to jurisdiction of the Newton County probate court over violations of ordinances of Newton County, approved April 12, 1982 (Ga. L. 1982, p. 4441), is amended by striking Section 2 which reads as follows: Section 2. Prosecutions for violations of county ordinances shall be upon accusation by the county attorney or such other attorney as the county governing authority may designate; and such attorney shall be the prosecuting attorney.,
Page 4351
and inserting in its place a new Section 2 to read as follows: Section 2. The county attorney or such other attorney as the county governing authority may designate shall be the prosecuting attorney. Section 2 . Said Act is further amended by striking Section 5 which reads as follows: Section 5. Accusations of violations of county ordinances shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. No person shall be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the probate judge and required to post a bond for his future appearance., and inserting in its place a new Section 5 to read as follows: Section 5. (a) The probate judge shall develop a citation form for the prosecution of any county ordinances in the probate court. (b) Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county agent who completes and serves it. (c) Prosecutions for violations of county ordinances shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations. The original of the citation shall be personally served upon the accused; and copies shall promptly be field with the court and the prosecuting attorney. (d) No person shall be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the probate judge and required to post a bond for his future appearance. Section 3 . Said Act is further amended by striking Section 6 which reads as follows:
Page 4352
Section 6. The sheriff of Newton County shall serve accusations and execute arrest warrants and executions on fines in connection with this Act and shall receive and house all persons sentenced to confinement for contempt or violation of county ordinances., and inserting in its place a new Section 6 to read as follows: Section 6. The sheriff of Newton County shall execute arrest warrants and executions on fines in connection with this Act and shall receive and house all persons sentenced to confinement for contempt or violation of county ordinances. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act relating to jurisdiction of the Newton County probate court over violations of ordinances of Newton County, approved April 12, 1982 (Ga. L. 1982, p. 4441); to provide for related matters; to repeal conflicting laws; and for other purposes. This 20th day of January, 1983. Denny M. Dobbs E. Roy Lambert of the 66th Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert, who, on oath, deposes and says that he is Representative from the 66th District, and
Page 4353
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 27, February 3, 10, 1983. /s/ E. Roy Lambert Representative, 66th District Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. COBB COUNTY SHERIFF AND DEPUTIESCOMPENSATION. No. 400 (House Bill No. 690). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation provisions relating to the sheriff, the chief deputy sheriff, the deputy sheriffs, and the chief investigator; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 4354
Be it enacted by the General Assembly of Georgia: Section 1 . An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is 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 $35,000.00 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 $31,000.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. 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 $4,880.00 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 created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff and shall be under his direct supervision and control. The individual appointed by the sheriff of Cobb County shall possess as a minimum a high school education or the equivalent and be either a graduate of
Page 4355
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 $30,000.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Section 2 . This Act shall become effective April 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1983 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 31st day of December, 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison
Page 4356
Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4357
WALTON COUNTY SHERIFFPERSONNEL OF OFFICE, BENEFITS, ETC. No. 401 (House Bill No. 660). AN ACT To amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2172), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3847), so as to change certain provisions relative to the personnel of the sheriff; to provide additional compensation in the form of insurance and other benefits for the sheriff and the sheriff's employees; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2172), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3847), is amended by striking Section 4, relating to the personnel of the sheriff, in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The sheriff shall have the authority to appoint deputy sheriffs with approval of the board of commissioners and such other personnel as he shall deem necessary to discharge effectively the official duties of his office; provided, however, that, said personnel shall be classified as follows: chief deputy sheriff, regular deputy sheriff, part-time deputy sheriff, radio operator, bookkeeper, jailer, and investigator.
Page 4358
(b) There shall be one chief deputy sheriff who shall be designated by the sheriff. Said chief deputy sheriff shall receive an annual salary of not less than $10,000.00, payable in equal monthly installments from the funds of said county; provided, however, the sheriff shall have authority to raise the salary of the chief deputy sheriff as he shall deem proper each year prior to the time of submission of the budget. (c) The sheriff shall submit in writing to the governing authority of said county the number of regular deputy sheriffs he deems necessary to discharge effectively the official duties of his office, including general law enforcement, service of all civil processes and care of the jail facility, and state therein the starting salary of each. The salary of each regular deputy sheriff shall not be less than $500.00 per month and shall be payable from the funds of said county as designated by the sheriff. The sheriff shall have the authority to increase the compensation of said deputy sheriffs to the amount he shall deem to be fair and just compensation each year prior to the time of submission of the budget. On notice to the board of commissioners of Walton County by the sheriff of an increase in the compensation of any such deputy sheriff, each year prior to the time of submission of the budget, and with approval of the board of commissioners, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County. (d) The sheriff shall have the authority to designate to the governing authority persons who shall be employed in the sheriff's office as radio operators or employed as bookkeepers. The position of radio operator and bookkeeper, at the designation of the sheriff, may be filled by the same person or there shall be one or more individuals as the sheriff deems it necessary to discharge effectively the official duties of his office. The salary of a radio operator and the salary of a bookkeeper shall not be less than $400.00 per month and shall be payable from the funds of said county as designated by the sheriff. The sheriff shall have the authority to increase the compensation of a radio operator and a bookkeeper to the amount he shall deem to be fair and just compensation each year prior to the time of submission of the budget. On notice to the board of commissioners of Walton County by the sheriff of an increase in the compensation of such radio operator and bookkeeper, and with approval of the board of commissioners, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County; provided, however, if one or more persons hold the position of both radio operator and
Page 4359
bookkeeper, those persons shall be entitled to only one salary with the increases designated by the sheriff. (e) The sheriff shall have the authority to employ any number of part-time deputy sheriffs which he deems necessary for the proper functioning of his office and shall designate in writing to the board of commissioners the name of each part-time deputy sheriff and the compensation each part-time deputy sheriff is to receive. The compensation of each part-time deputy sheriff shall be an obligation of Walton County and shall be payable monthly from the funds of Walton County. (f) The sheriff shall have the authority to employ jailers for the purpose of caring for the jail and the confinement of the prisoners therein, together with any other duties pertinent thereto. The sheriff shall have the authority to appoint the number of jailers necessary to care for the jail and provide necessary and adequate supervision, care, and control of the prisoners located therein. The salary of a jailer shall not be less than $500.00 per month and shall be payable from the funds of Walton County as designated by the sheriff. The sheriff shall have the authority to increase the compensation of a jailer to the amount he shall deem to be a fair and just compensation each year prior to the time of submission of the budget. On notice to the board of commissioners of Walton County by the sheriff of an increase in the compensation of a jailer, and with approval of the board of commissioners, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County. In the event the sheriff deems it necessary to the proper discharge of his office to have more than one jailer, he shall have the right to designate one of the jailers as chief jailer, naming his particular duties as opposed to the duties of the other jailers. (g) The sheriff shall have the authority to employ investigators for the purpose of aiding him in the performance of the duties of his office. The salary of an investigator shall not be less than $400.00 per month and shall be payable from the funds of Walton County as designated by the sheriff. The sheriff shall have the authority to increase the compensation of an investigator to the amount he shall deem to be a fair and just compensation each year prior to the time of submission of the budget. On notice to the board of commissioners of Walton County by the sheriff of an increase in the compensation of an investigator, with approval of the board of commissioners of Walton County, said increase shall be an obligation of Walton County and
Page 4360
shall be paid from the funds of Walton County. In the event the sheriff deems it necessary for the proper discharge of his office to have more than one investigator, he shall have the right to designate one of the investigators as chief investigator and to designate his particular duties as opposed to the duties of the other investigators. Section 2 . Said Act is further amended by adding after Section 4, relating to the personnel of the sheriff, a new section, to be designated Section 4A, to read as follows: Section 4A. (a) In addition to any other compensation provided by law for the sheriff and the personnel of his office, the board of commissioners of Walton County shall pay the membership dues required for membership in the Peace Officers' Annuity and Benefit Fund and shall provide group accident, sickness, and hospitalization insurance and pay the cost of such insurance for the sheriff and the personnel of the sheriff's office. (b) As additional and deferred compensation, the board of commissioners of Walton County shall provide accident, sickness, and hospitalization insurance and shall pay the premiums therefor for any person who retires from service as sheriff or who otherwise ceases to serve as sheriff and who has, at the time of retirement or otherwise ceasing to serve as sheriff, a minimum of 20 years of total service as sheriff or other law enforcement officer in Walton County. The board of commissioners shall provide such insurance only until such person becomes eligible for coverage under the federal medicare program or other comparable program. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to provide for personnel within the sheriff's office to provide for the normal compensation
Page 4361
of such personnel and to provide an effective date; to repeal conflicting laws; and for other purposes. This 7th day of Jan. 1983. Neal Jackson Representative, 65th 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 January 13, 20, and 27, 1983. /s/ James F. Milhous Publisher Sworn to and subscribed before me, this 14 day of February, 1983. /s/ Jean F. Head Notary Public. My Commission Expires April 20, 1985. (Seal). Approved March 18, 1983.
Page 4362
CITY OF VIDALIACHARTER AMENDMENTS. No. 402 (House Bill No. 469). AN ACT To amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended, so as to change the provisions relating to fines that may be imposed for the violation of the laws and ordinances of the city; to change the provisions relating to wards for the election of councilmen; to change the provisions relating to the election of councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended, is amended by striking Section 6-7 in its entirety and substituting in lieu thereof a new Section 6-7 to read as follows: Section 6-7. Violations against city laws and ordinances; limitations upon penalty. The mayor or recorder, as the case may be, shall have the power and authority to try all offenses and violations against the laws and ordinances of the city committed within the corporate limits thereof, and upon conviction, to punish offenders by a fine not exceeding $500.00, by imprisonment in the city jail or guardhouse for any term not exceeding 90 days, or by compulsory work not exceeding 90 days on the streets of the city and upon any of the public works of said city, as the presiding officer of said court may direct. Section 2 . Said Act is further amended by striking Section 9-1 in its entirety and substituting in lieu thereof a new Section 9-1 to read as follows: Section 9-1. Division of city into wards. For the purposes of electing four of the five councilmen of the city, the city is divided into four wards, which shall be composed of the following territory: FIRST WARD. The First Ward shall be bounded on the north by the center line of North Street (State Highway No. 292) from the
Page 4363
city limits west to Washington Street; Thence south by the center line of Washington Street to Second Avenue; Thence west by the center line of Second Avenue to Lively Street turning south. The west boundary shall be bounded by the center line of Lively Street from Second Avenue south to North East Main Street; Thence east by the center line of North East Main Street to Broadfoot Boulevard; Thence south by the center line of Broadfoot Boulevard to South East Main Street; Thence west by the center line of South East Main Street to Queen Street; Thence south by the center line of Queen Street to First Street (U.S. Highway 280); Thence east by the center line of First Street to Winona Street; Thence south by the center line of Winona Street to Smith Street; Thence north by the center line of Smith Street to Fifth Street; Thence east by the center line of Fifth Street to Aimwell Road; Thence south by the center line of Aimwell Road to the city limits. The south and east boundary shall be bounded by the city limits from Aimwell Road east to North Street (State Highway No. 292). SECOND WARD. The Second Ward shall be bounded on the east by the center line of Aimwell Road from the city limits north to Fifth Street; Thence west by the center line of Fifth Street to Smith Street; Thence south by the center line of Smith Street to Winona Street; Thence north by the center line of Winona Street to First Street (U.S. Highway 280); Thence west by the center line of First Street to Queen Street; Thence north by the center line of Queen Street to South East Main Street; Thence east by the center line of South East Main Street to Broadfoot Boulevard; Thence north by the center line of Broadfoot Boulevard to North East Main Street; Thence west by the center line of North East Main Street to Lively Street; Thence north by the center line of Lively Street to Second Avenue. The north boundary shall be bounded by the center line of Second Avenue from Lively Street to Morris Street; Thence north by the center line of Morris Street to Jenkins Street turning west; Thence west by center line of Jenkins Street to McIntosh Street; Thence south by center line of McIntosh Street to Everett Street; Thence west by the center line of Everett Street to Montgomery Street. The west boundary shall be bounded by the center line of Montgomery Street and Adams Street (State Highway No. 130) from Everett Street south to the city limits. The south boundary shall be bounded by the city limits from Adams Street east to Aimwell Road.
Page 4364
THIRD WARD. The Third Ward shall be bounded to the south by the center line of North Street (State Highway No. 292) from the city limits west to Washington Street; Thence south by the center line of Washington Street to Second Avenue; Thence west by the center line of Second Avenue to Morris Street; Thence north by the center line of Morris Street to Jenkins Street turning west; Thence west by the center line of Jenkins Street to McIntosh Street; Thence south by the center line of McIntosh Street to Everett Street; Thence west by the center line of Everett Street to Orange Street. The west boundary shall be bounded by the center line of Orange Street from Everett Street to West Street; Thence north by center line of West Street to Toombs Street. The north boundary shall be bounded by the center line of Toombs Street from West Street east to Montgomery Street turning north; Thence north by the center line of Montgomery Street to Locke Street; Thence east by the center line of Locke Street to Thompson Street; Thence north by the center line of Thompson Street to Locke Street turning east; Thence east by the center line of Locke Street to McIntosh Street (State Highway No. 297); Thence south by the center line of McIntosh Street to Lang Street; Thence east by the center line of Lang Street to Peacock Street; Thence north by the center line of Peacock Street to Thirteenth Avenue; Thence east by the center line of Thirteenth Avenue to Roosevelt Street; Thence south by the center line of Roosevelt Street to North Street (State Highway 292); Thence east by the center line of North Street to Loop Road (State Highway No. 130); Thence east by the center line of Loop Road to the city limits. The east boundary shall be bounded by the city limits from Loop Road (State Highway No. 130) south to North Street (State Highway No. 292). FOURTH WARD. The Fourth Ward shall be bounded to the east by the center line of Adams Street (State Highway No. 130) and Montgomery Street from the city limits north along Adams and Montgomery Streets to Everett Street; Thence west by the center line of Everett Street to Orange Street; Thence north by the center line of Orange Street to West Street; Thence north by the center line of West Street to Toombs Street; Thence east by the center line of Toombs Street to Montgomery Street; Thence north by the center line of Montgomery Street to Locke Street; Thence east by the center line of Locke Street to Thompson Street; Thence north by the center line of Thompson Street to Locke Street turning east; Thence east by the center line of
Page 4365
Locke Street to McIntosh Street (State Highway No. 297); Thence south by the center line of McIntosh Street to Lang Street; Thence east by the center line of Lang Street to Peacock Street; Thence north by the center line of Peacock Street to Thirteenth Avenue; Thence east by the center line of Thirteenth Avenue to Roosevelt Street; Thence south by the center line of Roosevelt Street to North Street (State Highway No. 292); Thence east by the center line of North Street to Loop Road (State Highway No. 130); Thence east by the center line of Loop Road to city limits. The north, west, and south boundary shall be bounded by the city limits from Loop Road (State Highway No. 130) west to Adams Street (State Highway No. 130). Section 3 . Said Act is further amended by striking Section 9-3 in its entirety and substituting in lieu thereof a new Section 9-3 to read as follows: Section 9-3. Election requirements. The mayor and councilman at large shall be elected by the voters of the entire city. The councilman from each respective ward shall be elected by the voters of that particular ward in which they reside as described in Section 9-4. Section 4 . Section 1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. Sections 2 and 3 of this Act shall be effective for all elections for mayor and councilmen which are held after the approval of this Act by the Governor or after it otherwise becomes law without his approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968, (Ga. Laws 1968, p. 3136), as amended, and for other purposes.
Page 4366
This 11th day of January, 1983. W. N. Rhodes Mayor, City of Vidalia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following dates: January 13, 20, 27, 1983. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983.
Page 4367
MAGISTRATE'S COURT OF DOUGLAS COUNTYVACANCIES, HOW FILLED, ETC. No. 430 (House Bill No. 782). AN ACT To amend an Act creating the Magistrate's Court of Douglas County, approved April 12, 1982 (Ga. L. 1982, p. 4659), so as to provide that any vacancy in the office of magistrate shall be filled by appointment by the judges of the superior court; to provide for deputy magistrates and their jurisdiction; to provide the method of review of decisions of the court; to provide for punishment of contempt of court and for violation of county ordinances; to provide for service of process and other duties to be performed by the sheriff of Douglas County; to provide for the salaries of the magistrate and deputy magistrates; 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 Magistrate's Court of Douglas County, approved April 12, 1982 (Ga. L. 1982, p. 4659), is amended by striking subsection (c) of Section 2 which reads as follows: (c) The magistrate may practice law in other courts of this state except with respect to cases which have been processed through the magistrate's court. The magistrate may be removed by the Governor for malfeasance or misfeasance in office. Should a vacancy be caused by the death, resignation, or removal of any magistrate, such vacancy shall be filled by appointment of a successor by the grand jury of Douglas County for the unexpired term. Any magistrate appointed to fill such vacancy for the unexpired term shall have and exercise all the powers and duties of the office and shall receive the compensation of said office during his tenure., and inserting in its place a new subsection to read as follows: (c) The magistrate may practice law in other courts of this state except with respect to cases which have been processed through the magistrate's court. The magistrate may be removed by the Governor
Page 4368
for malfeasance or misfeasance in office. Should a vacancy be caused by the death, resignation, or removal of any magistrate, such vacancy shall be filled by appointment of a successor by the judges of the superior court of Douglas County for the unexpired term. Any magistrate appointed to fill such vacancy for the unexpired term shall have and exercise all the powers and duties of the office and shall receive the compensation of said office during his tenure. Section 2 . Said Act is further amended by striking Section 3 which reads as follows: Section 3. The magistrate may appoint not more than three deputy magistrates with the consent of the judges of the Superior Court of Douglas County. The deputy magistrates shall serve at the pleasure of the magistrate and under his supervision and direction., and inserting in its place a new section to read as follows: Section 3. (a) The magistrate may appoint not more than three deputy magistrates with the consent of the judges of the Superior Court of Douglas County. The deputy magistrates shall serve at the pleasure of the magistrate and under his supervision and direction. (b) The deputy magistrates shall have jurisdiction over all matters within the jurisdiction of a justice of the peace court under the general laws in effect on January 1, 1983. Section 3 . Said Act is further amended by striking Section 6 which reads as follows: Section 6. This court and the judge thereof shall have all powers to do all acts which justices of the peace now are or may hereafter be authorized to do under the law of Georgia and shall have jurisdiction as to subject matter to try and to dispose of all cases wherein the law jurisdiction is conferred upon justices of the peace and justice courts; and the jurisdiction therein and thereover as to the amount shall extend to all cases wherein the principal amount shall be $2,000.00 or less. All proceedings and procedures, including, but not limited to, those relative to pleadings, issuance of summons and warrants, committal hearings, trial by the court, trial by jury, and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this state except as otherwise provided in this Act.,
Page 4369
and inserting in its place a new section to read as follows: Section 6. (a) This court and the judge thereof shall have all powers to do all acts which justices of the peace now are authorized to do under the law of Georgia in effect on January 1, 1983, and shall have jurisdiction as to subject matter to try and to dispose of all cases where, in the law in effect on January 1, 1983, jurisdiction is conferred upon justices of the peace and justice courts; and the jurisdiction therein and thereover as to the amount shall extend to all cases wherein the principal amount shall be $2,000.00 or less. (b) All proceedings and procedures, including, but not limited to, those relative to pleadings, issuance of summons and warrants, committal hearings, and trial by the court shall be the same as is on January 1, 1983, provided for justices of the peace and justice courts under the laws of this state except as otherwise provided in this Act. (c) Review of decisions of the court shall be by de novo appeal to the Superior Court of Douglas County as provided in Chapter 3 of Title 5 of the O.C.G.A. There shall be no jury trials or appeals to a jury in the magistrate's court. (d) The magistrate and deputy magistrates shall have the power to punish contempt of court by a fine of not more than $200.00 or imprisonment for not more than 24 hours or both. Section 4 . Said Act is further amended by striking Section 9 which reads as follows: Section 9. This court and the judge thereof shall also have jurisdiction and power to conduct trials, receive pleas of guilty or of nolo contendere, and impose sentence upon defendants charged with a violation of any ordinance, law, or regulation adopted by the board of commissioners of Douglas County which constitutes a misdemeanor., and inserting in its place a new section to read as follows: Section 9. This court and the judge thereof shall also have jurisdiction and power to conduct trials, receive pleas of guilty or of nolo contendere, and impose sentence upon defendants charged with a violation of any ordinance, law, or regulation adopted by the board of commissioners of Douglas County which constitutes a misdemeanor.
Page 4370
The punishment imposed for any such violation shall not exceed 90 days imprisonment or a fine of $1,000.00 or both and shall not exceed the maximum specified in the ordinance, law, or regulation. Section 5 . Said Act is further amended by striking Section 11 which reads as follows: Section 11. In all civil cases filed or brought in this court, the procedure, pleading, and practice in this court shall be the same as that now or hereafter prescribed by the laws of this state for justice courts except as otherwise provided in this Act., and inserting in its place a new section to read as follows: Section 11. In all civil cases filed or brought in this court, the procedure, pleading, and practice in this court shall be the same as the laws of this state in effect on January 1, 1983, for justice courts except as otherwise provided in this Act. Section 6 . Said Act is further amended by striking Section 12 which reads as follows: Section 12. In all matters pertaining to service, pleading, and practice, the laws governing the justice court, where not inconsistent with this Act and unless otherwise specifically provided by this Act, shall be applicable to the Magistrate's Court of Douglas County., and inserting in its place a new section to read as follows: Section 12. In all matters pertaining to pleading and practice, the laws governing the justice court in effect on January 1, 1983, where not inconsistent with this Act and unless otherwise specifically provided by this Act, shall be applicable to the Magistrate's Court of Douglas County. Section 7 . Said Act is further amended by striking Section 15 which reads as follows: Section 15. Each party filing a civil suit or proceeding in this court shall deposit with the clerk of this court at the time of the filing or commencement of the proceedings the sum of $13.00 on cost of suit; provided, however, this deposit shall not be required of any
Page 4371
person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same; and provided, further, if the party making such deposit shall finally prevail in the suit or proceeding, the amount of the deposit shall be taxed as a part of the cost against the losing party defendant and shall be refunded to the party depositing the same after all costs have been paid., and inserting in its place a new section to read as follows: Section 15. (a) Each party filing a civil suit or proceeding in this court shall deposit with the clerk of this court at the time of the filing or commencement of the proceedings the sum of $13.00 plus costs of service of process on cost of suit; provided, however, this deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same; and provided, further, if the party making such deposit shall finally prevail in the suit or proceeding, the amount of the deposit shall be taxed as a part of the cost against the losing party defendant and shall be refunded to the party depositing the same after all costs have been paid. (b) Process shall be served by the sheriff of Douglas County and the cost of service shall be the same as in superior court. (c) Any reference in this Act to duties performed by a constable shall mean that those duties shall be performed by the sheriff of Douglas County. Section 8 . Said Act is further amended by striking Section 16 which reads as follows: Section 16. The magistrate of said court shall receive a salary of $12,000.00 per annum, payable in equal monthly installments out of the treasury of Douglas County. The deputy magistrates shall be compensated by the magistrate from these funds., Section 16. The magistrate of said court shall receive a salary of $1,250.00 per month, payable in equal monthly installments out of the treasury of Douglas County. The deputy magistrates shall be compensated from county funds and their salaries shall be set by the county governing authority.
Page 4372
Section 9 . This Act shall become effective on July 1, 1983. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act relating to the Magistrate's Court of Douglas County, approved April 12, 1982 (Ga. L. 1982, p. 4659); and for other purposes. This 15th day of January, 1983. /s/ Thomas M. Kilgore Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore, who, on oath, deposes and says that he is Representative from the 42nd 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 20, 27, and February 3, 1983. /s/ Thomas M. Kilgore Representative, 42nd District
Page 4373
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. FULTON COUNTYMAGISTRATESHOW APPOINTED. No. 431 (House Bill No. 609). AN ACT To provide for the appointment of magistrates of Fulton County to serve in the Magistrate Court of Fulton County which will be created July 1, 1983, under the Constitution of 1982; to provide for the initial magistrates; to provide for transfer of certain matters from the State Court of Fulton County; to amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3735) and an Act approved April 6, 1981 (Ga. L. 1981, p. 3546), so as to repeal said 1980 and 1981 amendatory Acts relating to magistrates of the State Court of Fulton County; 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 . The number of magistrates authorized for the Magistrate Court of Fulton County shall be three magistrates, but in addition to said three magistrates there shall be for any period of time
Page 4374
required by Article VI, Section X, Paragraph II of the Constitution such number of additional magistrates as are continued in office by said constitutional provision. Section 2 . (a) On the effective date of this Act the three persons then holding office as magistrates of the State Court of Fulton County shall take office as magistrates of the Magistrate Court of Fulton County for terms expiring on December 31, 1984. Successors to these magistrates shall be selected by majority vote of the judges of the State Court of Fulton County for terms as provided by general law. (b) The chief magistrate shall be selected by majority vote of the judges of the State Court of Fulton County. (c) Any vacancy in the office of magistrate shall be filled for the remainder of the unexpired term by majority vote of the judges of the State Court of Fulton County. Section 3 . Any matter pending before a magistrate of the State Court of Fulton County on July 1, 1983, shall on that date be transferred by operation of law to the Magistrate Court of Fulton County and shall be disposed of by the Magistrate Court of Fulton County even if it would not otherwise be within the jurisdiction of that court. Section 4 . An Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3735) and an Act approved April 6, 1981 (Ga. L. 1981, p. 3546), is amended by repealing in their entirety said amendatory Acts of 1980 and 1981, relating to magistrates of the State Court of Fulton County. Section 5 . This Act shall become effective July 1, 1983. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a local act concerning a magistrate court in Fulton County, and for other purposes.
Page 4375
This the 26th of January, 1983. John Tye Ferguson Assistant County Attorney, Fulton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Bolster, who, on oath, deposes and says that he is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 27, February 3 and 10, 1983. /s/ Paul Bolster Representative, 30th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 18, 1983.
Page 4376
ELECTION OF MAGISTRATES IN COBB COUNTY. No. 432 (House Bill No. 806). 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. L. 1974, p. 2212), as amended, particularly by an Act approved March 25, 1982 (Ga. L. 1982, p. 3621), so as to change the provisions relating to the compensation of the magistrates; to provide for 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 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. L. 1974, p. 2212), as amended, particularly by an Act approved March 25, 1982 (Ga. L. 1982, p. 3621), is amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The magistrates shall be elected by the electors of Cobb County. Each magistrate shall receive an annual salary of $27,878.00 to be paid in equal monthly installments from the funds of Cobb County. The magistrates shall not engage in the practice of law. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 4377
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 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 31st day of Dec. 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Representative from the 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: December 31, 1982, January 7, 14, 21, 28, 1983.
Page 4378
/s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 18, 1983. CHATHAM COUNTY HOSPITAL AUTHORITY STUDY COMMISSION CREATED. No. 16 (House Resolution No. 292). A RESOLUTION Creating the Chatham County Hospital Authority Study Commission; and for other purposes. WHEREAS, the Chatham County Hospital Authority performs many vital functions for Chatham County and its citizens; and WHEREAS, the composition of the board of the authority is of extreme importance in performing those functions; and WHEREAS, the manner of filling vacancies on the board was established in 1969 and may now need revising.
Page 4379
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Chatham County Hospital Authority Study Commission to be composed of ten members, five to be selected by the House delegation and five to be selected by the Senate delegation of the General Assembly which represents Chatham County. The delegations shall, prior to May 1, 1983, appoint the members. The ten appointees shall meet during the month of May and shall elect one of their number as chairman. This commission shall meet at the call of the chairman for future meetings and shall adopt rules for its own governance. The members of the commission shall receive no compensation or reimbursement of any kind for performing any duty or function as a member of the commission. The Chatham County Hospital Authority and the Chatham County Commission shall: (1) Cooperate with this commission by furnishing, without charge, reasonable secretarial and logistical assistance; and (2) Make available to the commission the various records, reports, interviews, and other data that may be required for the commission to complete its assigned task. BE IT FURTHER RESOLVED that the commission shall study the current system of appointing members to the board of the authority and shall study all aspects of indigent care provided by entities over which the authority exercises responsibility. The commission may study all issues relevant to and bearing on such topics. From these studies the commission shall make a final report of its findings and recommendations. Such report shall be submitted to the Chatham County delegation to the General Assembly by December 31, 1983. Approved March 18, 1983.
Page 4380
COMPENSATION TO RICHARD WALTON. No. 18 (House Resolution No. 105). A RESOLUTION Compensating Mr. Richard Walton; and for other purposes. WHEREAS, on or about June 27, 1978, Dawn M. Walton, age 3, was walking with two other children and Mrs. Fannie Bolden across Pryor Street at the corner of Mitchell Street in Atlanta, Georgia; and WHEREAS, they were proceeding across the street with the walk light and within the crosswalk when a van operated by an inmate of the Stone Mountain Correctional Facility who was working for the Georgia Police Academy under the jurisdiction of the Department of Public Safety made a right turn onto Pryor Street and struck Dawn Walton; and WHEREAS, she suffered personal injuries totaling $5,560.00; and WHEREAS, Mr. Richard Walton is the father of Dawn M. Walton; and WHEREAS, said accident occurred through no fault or negligence on the part of Dawn Walton and it is only just and proper that Mr. Richard Walton be compensated on behalf of Dawn M. Walton for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Police Academy is authorized and directed to pay the sum of $5,560.00 to Mr. Richard Walton on behalf of Dawn M. Walton as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Georgia Police Academy and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 18, 1983.
Page 4381
COMPENSATION TO MARY D. REFFNER. No. 20 (House Resolution No. 71). A RESOLUTION Compensating Mary D. Reffner; and for other purposes. WHEREAS, on January 8, 1982, Mary D. Reffner parked her motor vehicle at 229 Beaufort Road, Savannah, Georgia; and WHEREAS, Frank F. Hill, Jr., an escapee from a county correctional institute work detail, drove Mary D. Reffner's motor vehicle away and in so doing wrecked said motor vehicle; and WHEREAS, Mary D. Reffner sustained $1,103.50 in damages to the motor vehicle and was required to pay $65.00 in towing fees; and WHEREAS, the accident occurred through no fault on the part of Mary D. Reffner, and it is only fitting and proper that she be reimbursed for the damages and loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Offender Rehabilitation is authorized and directed to pay the sum of $1,168.50 to Mary D. Reffner as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 29, 1983.
Page 4382
URGING RESOLUTION OF CONTROVERSY BETWEEN CITY OF MARIETTA AND COBB COUNTY. No. 21 (House Resolution No. 161). A RESOLUTION Relative to a continuing controversy between the City of Marietta and Cobb County; and for other purposes. WHEREAS, there has been a continuing controversy and dispute between the City of Marietta and Cobb County Board of Education regarding the annexation by the City of Marietta of certain properties located in the unincorporated portions of Cobb County; and WHEREAS, the Cobb County delegation to the General Assembly recognizes that there are arguments existing on both sides of the issue concerning the propriety of such annexation; and WHEREAS, the continuing dispute between the City of Marietta and the Cobb County Board of Education is not a healthy and conducive atmosphere for the orderly and productive growth of both the City of Marietta and Cobb County; and WHEREAS, the Cobb County delegation to the General Assembly desires to express its opinion and direction to the City of Marietta and Cobb County Board of Education concerning the propriety of any further annexations by the City of Marietta. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) That it is the consensus of the Cobb County delegation that the City of Marietta annex no further south than a line beginning with the southerly limits of the City of Marietta and extending out Windy Hill Road to its intersection with Powers Ferry Road as shown in paragraph 3 below; (2) That it is the consensus of the Cobb County delegation that the City of Marietta annex no further south than Windy Hill Road at the point that Windy Hill Road intersects with Powers Ferry Road;
Page 4383
(3) In order that there be no dispute as to the direction of the Cobb County delegation, the following is the legal description of the southerly line beyond which the delegation directs the City of Marietta to refrain from annexing into its city limits: BEGINNING at a point where the southwesterly property line of Northwest Park Apartments and the present Marietta City Limit line intersects the northwesterly right of way line of Smyrna-Roswell Road; thence running northeasterly along said right of way line for a distance of 2,677 feet, more or less, to a point where the present Marietta city limit line crosses Smyrna-Roswell Road; thence running southeasterly along the present Marietta city limit line to a point on the southeasterly right of way line of Smyrna-Roswell Road; thence continuing southeasterly along said city limit line for 610.9 feet to a point; thence continuing southeasterly along said city limit line for 217.82 feet to a point; thence running southwesterly along said city limit line for a distance of 334.45 feet to a point; thence running southeasterly along said city limit line for 384.88 feet to a point; thence continuing southeasterly along said city limit line a distance of 278.12 feet to the northwest corner of Land Lot 779 of the 17th District; thence running south 0 degrees 15' 55 east along the west line of said land lot and the present Marietta city limit line for 417.98 feet to a point; thence running north 51 degrees 24' 21 east along said city limit line for 1444.49 feet to a point on the southwesterly right of way line of Cobb Parkway (U.S. Highway #41); thence running south 38 degrees 19' 45 east along the southwesterly right of way line of Cobb Parkway (U.S. Hwy. #41) for 1710 feet, more or less, to a point; thence running northeasterly for a distance of 200 feet to a point on the northeasterly right of way line of Cobb Parkway; thence running north 51 degrees 42 east along the present Marietta city limit line and the southeasterly line of property now or formerly owned by Federated Dept. Stores (Richway) for a distance of 1100 feet to a point; thence running north 38 degrees 48' west along said city limit line for a distance of 798 feet to a point; thence running north 51 degrees 46' east along said city limit line for a distance of 575.49 feet to a point; thence running north 00 degrees 35' east along said city limit line for 288.4 feet to a point on the new right of way line of Windy Hill Road; thence continuing northerly to a point on the centerline of Windy Hill Road; thence running easterly along the centerline of Windy Hill Road and following the curvature thereof a distance of 4,600 feet, more or less, to the intersection of Powers Ferry Road;
Page 4384
(4) That the Cobb County delegation to the General Assembly directs that the City of Marietta not annex the proposed new Regional Shopping Mall to be built at Roberts Road and Interstate 75 North; (5) That the Cobb County delegation to the General Assembly directs that the City of Marietta not annex the property of the Lockheed Aircraft Corporation; (6) That the City of Marietta is encouraged and directed to adopt a balanced annexations policy in all other facets of its growth so as to balance its annexation in both commercial and residential properties; (7) That the City of Marietta and the Cobb County Board of Education are encouraged to create a joint committee for the continuous and frequent exchange of information regarding new proposed annexations by the City of Marietta; and (8) That should the City of Marietta annex south of the line described in this resolution or annex the Regional Shopping Mall at Roberts Road and Interstate 75 North or annex the property of the Lockheed Aircraft Corporation, then the Cobb County delegation intends by legislative Act to deannex any such properties at the next session of the General Assembly of Georgia. Approved March 29, 1983. COMPENSATION TO RICHARD B. CARNEY. No. 22 (House Resolution No. 93). A RESOLUTION Compensating Mr. Richard B. Carney; and for other purposes. WHEREAS, on April 4, 1981, Mr. Richard B. Carney was driving
Page 4385
his pickup in a northerly direction on I-75 and towing a 1969 Dodge Dart race car; and WHEREAS, when he approached Scruggs Road and I-75, a piece of concrete fell from the underpass and struck the top of the race car; and WHEREAS, the concrete scratched the windshield, knocked paint off the hood and fender, and caused several dents in the top and hood; and WHEREAS, the paint on the race car was custom multicolored paint; and WHEREAS, the damage sustained by the race car amounted to $1,701.06; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Carney and it is only fitting and proper that he be compensated therefor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $1,701.06 to Mr. Richard B. Carney as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 29, 1983.
Page 4386
CITY OF PERRYNEW CHARTER. No. 444 (House Bill No. 280). AN ACT To reincorporate and provide a new charter for the City of Perry in Houston County; to provide for the corporate limits of the city, the powers of the city, the form and method of government of the city; the administration of city affairs, the municipal court of the city, elections for city offices, taxation by the city, and the financial management of the city; to provide for all related matters; 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 and Powers Section 1.10 . Incorporation. The City of Perry in Houston County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Perry. References in this charter to the city or this city refer to the City of Perry. The city shall have perpetual existence. 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 by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the mayor of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Perry, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
Page 4387
(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 but such earlier maps shall be retained in the office of the mayor. 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 powers of this city shall include, but are not limited to, the following powers: (1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property in the city; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law; (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses; (4) Appropriations: to make appropriations and expend funds for support of the city and any other lawful purpose; (5) Municipal debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the city on such terms as the donor may impose; (8) Condemnation: to condemn property inside or outside the city for present or future use;
Page 4388
(9) Municipal utilities: to acquire, lease, operate, and dispose of public utilities; (10) Public utilities: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, golf courses, and other public improvements inside or outside the city; (13) Sidewalk maintenance: to require real-estate owners to repair and maintain sidewalks adjoining their land; (14) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (15) Planning and zoning: to provide for city planning by zoning, subdivision regulation, and the like; (16) Police power: to exercise the police power for the public safety and well-being of the city; (17) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (18) Health: to prescribe and enforce health and sanitation standards; (19) Pollution: to regulate emissions which pollute the air and water; (20) Fire safety: to fix fire limits and to prescribe and enforce fire-safety regulations; (21) Public hazards: to provide for the destruction or removal of public hazards;
Page 4389
(22) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (23) Garbage fees: to fix and collect garbage fees; (24) Sewer fees: to fix and collect sewer fees; (25) Nuisances: to define and provide for the abatement of nuisances; (26) Property protection: to preserve and protect the property of the city; (27) Prisoners: to provide for public work by municipal prisoners and for their confinement; (28) Animal control: to regulate or prohibit the keeping of animals; (29) Motor vehicles: to regulate the operation and parking of motor vehicles; (30) Taxicabs: to regulate vehicles operated for hire in the city; (31) Pensions: to provide and maintain a system of pensions and retirement for city employees and officers; (32) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (33) Contracts: to enter into lawful contracts and agreements; (34) City agencies: to create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer appropriate authority upon them; (35) Penalties: to provide penalties for violations of municipal ordinances; (36) Police and fire protection: to exercise the power of arrest through appointed policemen and to operate a fire department;
Page 4390
(37) Emergencies: to provide for the determining, proclamation, and combatting of emergencies; (38) Urban redevelopment: to organize and operate an urban redevelopment program; (39) Public transportation: to organize and operate public transportation systems; (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 (41) Other powers: to exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety 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; 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. 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 the Constitution of Georgia, by general law, or by this charter. If general law and this charter make no provision, such shall be carried into execution as provided by ordinance. 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 council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Page 4391
Section 2.11 . City council terms and qualification for office. The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she is a qualified municipal voter and shall have been a resident of the city for one year immediately prior to the date of his or her election. The mayor and each council member shall continue to reside therein during their period of service. Section 2.12 . Vacancy; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13 . Compensation and expenses. (a) Until changed as provided in subsection (b) the mayor and council members shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter. (b) The compensation of the mayor and council members may be changed by ordinance; but any increase shall be subject to Code Section 36-35-4 or any similar law hereafter enacted. (c) The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14 . Holding other office. Except as authorized by general state law, the mayor or any council member shall not hold any other city office or city employment during the term for which he or she was elected. Section 2.15 . Conflict of interest. (a) 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
Page 4392
with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization, or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such
Page 4393
entity shall disclose such private interest to the governing body of such agency or entity. (c) 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) 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) (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 or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (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 2.16 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.17 . General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.18 . Organization meeting. The city council shall meet for organization on the first Tuesday in January of each year or as soon thereafter as practicable. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
Page 4394
I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19 . 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 person[UNK]ally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Except where waiver by all members is effected by their presence or in writing, only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of all meetings shall be made as required by general state law. Section 2.20 . Rules of procedure. (a) 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 minutes of its proceedings, which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor. The mayor shall have the power to remove members of any committee and the power to appoint new members to any committee, at any time, within the mayor's discretion. Section 2.21 . Quorum; voting. Three council members and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption or ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member of the city
Page 4395
council shall have the right to request a roll-call vote. The affirmative vote of a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor, or mayor pro tempore if presiding, shall be entitled to vote only in the case of a tie. Section 2.22 . Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be: The Council of the City of Perry hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. (c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the city clerk. (d) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the governing authority that the ordinance be effective is evident. Section 2.23 . Action requiring an ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. Section 2.24 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. 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
Page 4396
in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . 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. (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 2.26 . Signing; authenticating; recording; codification; printing. (a) The 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. (b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council and shall be published as soon as is practicable, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Perry, 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 published as soon as is practicable following its adoption, and the published 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.
Page 4397
Section 2.27 . Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of two years and until his or her successor is elected and qualified. He or she shall be a qualified elector of this city and shall have been a resident of this city for at least one year immediately preceding his or her election. He or she shall continue to reside in this city during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. Section 2.28 . Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. Section 2.29 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Preside at all meetings of the mayor and council and have the right to take part in the deliberations of said board, but shall not vote on any question except in the case of a tie; (3) Sign all deeds and contracts, except deeds for property sold under execution at public sale; (4) Co-sign, along with the city clerk, all checks for the payment of money, after payment of unpaid invoices, bills, and vouchers is approved by the mayor and council and approval for payment has been entered upon the minutes of the city; (5) Be clothed with veto power as hereinafter set out; (6) Keep the council advised from time to time of the general condition of the city and recommend such measures as he or she may deem necessary or expedient for the welfare of the city; and
Page 4398
(7) Call the council together at any time when deemed necessary by him or her. Section 2.30 . Mayor pro tempore. The city council shall elect by a 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. Section 2.31 . Veto power. Every ordinance and resolution passed and every election of an officer or employee by the mayor and council shall be subject to the veto of the mayor in the following manner: The mayor shall within three days write out his or her objections to such resolution, ordinance, or election and the mayor and council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution, or other action shall become adopted over said veto. Should as many as four council members vote in the affirmative, said resolution, ordinance, or other action shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. 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 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 or federal law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and council, be responsible for
Page 4399
the administration and direction of the affairs and operations of his or her department or agency. 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 functions 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 of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as specifically authorized by general law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter, by general law, or by ordinance. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the city council. (h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and one member as secretary. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations,
Page 4400
not inconsistent with this charter, ordinances of the city, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12 . City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. Section 3.13 . City clerk. The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. Section 3.14 . City treasurer. The city council shall appoint a city treasurer to perform the duties of a treasurer and fiscal officer. Section 3.15 . 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; (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
Page 4401
(5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. Article IV Judicial Branch Section 4.10 . Creation; name. There shall be a court to be known as the Municipal Court of the City of Perry. Section 4.11 . Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years. Members of the State Bar of Georgia shall be given preference in selection. 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 four members of the city council. (e) Before entering on duties of his or her office, each judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. Section 4.12 . Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance. Section 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 15 days in jail.
Page 4402
(c) 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 or may sentence any offender upon conviction to labor for the city on the streets, sidewalks, squares, or other public places for a period not exceeding 60 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 ensure 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 or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time. 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 summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by general state law. All judges of the municipal court and the city clerk are authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city.
Page 4403
(i) Each judge of the municipal court shall have the same authority as a justice of the peace to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Houston County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. 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. Article V Elections Section 5.10 . Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11 . Regular elections; time for holding. (a) On the first Tuesday in December, 1983, and on that day annually thereafter, there shall be an election for successors to the council members and mayor, if applicable, whose terms will expire the following January. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter.
Page 4404
(b) The mayor and the council members from Posts 4, 5, and 6 shall be elected in 1984 and in every even-numbered year thereafter. (c) The council members from Posts 1, 2, and 3 shall be elected in 1983 and in every odd-numbered year thereafter. (d) The mayor and council members in office on the effective date of this charter shall remain in office until their successors are elected and take office as provided in this charter. Section 5.12 . Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office. However, if such a vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall by majority vote 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. 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 . Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. 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. 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
Page 4405
of these taxes by installments or in one lump sum and may 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, if unpaid, shall be collected as provided in Section 6.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. Section 6.15 . Service charges. The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city. 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,
Page 4406
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, 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 6.19 . General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21 . Short-term loans. Any short-term loan obtained by the city must be repaid by December 31 of the year in which the loan was obtained unless 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
Page 4407
office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law. Section 6.23 . Action by city council on budget. (a) The city council shall adopt and may thereafter amend an annual budget, except that the budget as finally adopted and amended 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 budget for the ensuing fiscal year not later than the first day of the 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. (c) The amount set out in the adopted 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 unless by a majority vote of the city council. Section 6.24 . Tax levies. As the next order of business following adoption of the 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 6.25 . Changes in appropriations. The city council, by majority vote, may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose.
Page 4408
Section 6.26 . Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the 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 6.27 . 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 to and reviewed by the city attorney; and (3) It is made or authorized by the city council and such approval is entered in the city council minutes. Section 6.28 . Centralized purchasing. The city council may prescribe procedures for a system of centralized purchasing for the city. Section 6.29 . 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. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city is of no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds
Page 4409
and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. Article VII General Provisions Section 7.10 . Official bonds. The officers and employees of 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 7.11 . Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . 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 7.13 . Repealer. An Act incorporating the City of Perry in Houston County, approved March 29, 1937 (Ga. L. 1937, p. 2029), is 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 repealed. Section 7.14 . Effective date. This Act shall become effective on July 1, 1983. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, legislation to reincorporate and provide a new charter for the City of Perry in Houston County; to provide for all related matters; to repeal conflicting laws; and for other purposes.
Page 4410
This 17th day of December, 1982. Larry Walker Representative, District 115 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: December 30, 1982, January 6, 13, 1983. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 19th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4411
EDUCATION DISTRICTS OF COLUMBIA COUNTY CHANGEDREFERENDUM. No. 454 (House Bill No. 538). AN ACT To amend an Act providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, so as to change the composition of education districts; to provide for the manner of electing members from new education districts; to provide for terms of office; to provide for an orderly transition of office; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for the submission of this Act 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 providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The board of education of Columbia County shall be composed of five members to be elected as hereinafter provided. For the purposes of electing members of the board of education of Columbia County, Columbia County is divided into five education districts as follows: Education District No. 1 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Washington Road intersects Columbia Road; running thence in a northwesterly direction along the centerline of Washington Road to Reed Creek; running thence in an easterly direction down the thread of the stream of Reed Creek to the centerline of Fury's Ferry Road; running thence in a northwesterly direction along the centerline of Fury's Ferry Road to Evans to Locks Road; running thence in a easterly direction along the centerline of Evans to Locks Road to the
Page 4412
Savannah River; running thence in a northwesterly direction up the thread of the Savannah River to its confluence with Uchee Creek; running thence southerly up the thread of Uchee Creek to its confluence with Tudor Branch; running thence southerly up the thread of Tudor Branch to its confluence with Crawford Creek; running thence southeasterly up the thread of Crawford Creek to the centerline of Columbia Road; running thence in a easterly direction along the centerline of Columbia Road to its intersection with Washington Road and the point of BEGINNING. Education District No. 2 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Willowood Drive intersects the boundary line between Columbia County and Richmond County; running thence in a westerly direction along the centerline of Willowood Drive to its intersection with Maywood Drive; running thence in a northerly direction along the centerline of Maywood Drive to its intersection with Columbia Road; running thence in a easterly direction along the centerline of Columbia Road to its intersection with Washington Road; running thence in a northwesterly direction along the centerline of Washington Road to Reed Creek; running thence in a easterly direction down the thread of Reed Creek to Fury's Ferry Road; running thence in a northwesterly direction along the centerline of Fury's Ferry Road to its intersection with Evans to Locks Road; running thence in a easterly direction along the centerline of Evans to Locks Road to the Savannah River; running thence in a southeasterly direction down the thread of the Savannah River to the point of its intersection with the Richmond County Line; running thence in a southwesterly direction along the boundary line of Columbia County and Richmond County to its intersection with Willowood Drive and the BEGINNING. Education District No. 3 shall be composed of all that land within Columbia County, Georgia more particularly described as follows; BEGINNING at a point where Wrightsboro Road intersects the boundary line between Columbia County and Richmond County, Georgia; running thence in a westerly direction along the centerline of Wrightsboro Road to its intersection with the city limits of Grovetown, Georgia; running thence in a northerly and westerly direction along the city limits of Grovetown, Georgia to its intersection with Lewiston Road; running thence in a northerly
Page 4413
direction along the centerline of Lewiston Road to its intersection with Interstate Highway 20; running thence in a westerly direction along the centerline of Interstate Highway 20 to Uchee Creek; running thence in a southerly and westerly direction up the thread of Euchee Creek to its origin; running thence due west to Georgia State Highway 47; running thence in a northerly direction along the centerline of Georgia State Highway 47 to its intersection with Fairview Drive; running thence in a southwesterly direction along the centerline of Fairview Drive to its intersection with Sawdust Road; running thence in a southwesterly direction along the centerline of Sawdust Road to its intersection with U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to the boundary line between Columbia County and McDuffie County, Georgia; running thence in a southerly direction along the Columbia County and McDuffie County line to a point where it intersects with the Richmond County Line; running thence in a northeasterly direction along the Columbia County and Richmond County Line to a point where it intersects Wrightsboro Road and the point of BEGINNING. Education District No. 4 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Wheeler Road intersects the boundary line between Columbia County and Richmond County; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with Beverly Road; running thence in a northerly direction along the centerline of Beverly Road to its intersection with Avery Avenue; running thence in a westerly direction along the centerline of Avery Avenue to its intersection with County Road 388; running thence in a southerly and westerly direction along the centerline of County Road 388 to its intersection with Wheeler Road; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with South Belair Road and Old Belair Road; running thence in a westerly and northerly direction along the centerline of Old Belair Road to its intersection with Columbia Road; Running thence in a westerly direction along the centerline of Columbia Road to Euchee Creek; running thence in a northerly direction down the thread of Euchee Creek to its confluence with Tudor Branch; running thence in a southerly direction up the thread of Tudor Branch to its confluence with Crawford Creek; running thence in a southeasterly direction up the thread of Crawford Creek to its intersection with Columbia Road; running
Page 4414
thence in a easterly direction along the centerline of Columbia Road to its intersection with Maywood Drive; running thence in a southerly direction along the centerline of Maywood Drive to its intersection with Willowood Drive; running thence in a easterly direction along the centerline of Willowood Drive to its intersection with the Columbia County and Richmond County Line; running thence in a southwesterly direction along the Columbia County and Richmond County Line to its intersection with Wheeler Road and the BEGINNING. Education District No. 5 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Wrightsboro Road intersects the boundary line between Columbia County and Richmond County, Georgia; running thence in a westerly direction along the centerline of Wrightsboro Road to its intersection with the city limits of Grovetown, Georgia; running thence in a northerly and westerly direction along the city limits of Grovetown, Georgia to its intersection with Lewiston Road; running thence in a northerly direction along the centerline of Beverly Road to its intersection with Avery Avenue; running thence in a westerly direction along the centerline of Avery Avenue to its intersection with County Road 388; running thence in a southerly and westerly direction along the centerline of County Road 388 to its intersection with Wheeler Road; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with South Belair Road and Old Belair Road; running thence in a southerly and westerly direction up the thread of Uchee Creek to its origin; running thence due west to Georgia State Highway 47; running thence in a northerly direction along the centerline of Georgia State Highway 47 to its intersection with Fairview Drive; running thence in a southwesterly direction along the centerline of Fairview Drive to its intersection with Sawdust Road; running thence in a southwesterly direction along the centerline of Sawdust Road to its intersection with U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to the boundary line between Columbia County and McDuffie County; running thence in a northerly direction along the Columbia County and McDuffie County line to a point it intersects the boundary line between Columbia County and Lincoln County; running thence in generally easterly direction along the boundary line between Columbia County and Lincoln County to a point where it intersects with the boundary line between the State of
Page 4415
Georgia and the State of South Carolina; running thence in a southeasterly direction along the boundary line between the State of Georgia and the State of South Carolina to the confluence of Uchee Creek; running thence in a southerly direction up the thread of Uchee Creek to Columbia Road; running thence in a easterly direction along the centerline of Columbia Road to its intersection with Old Belair Road; running thence in a southerly and easterly direction along the centerline of Old Belair Road to its intersection with South Belair Road and Wheeler Road; running thence in a easterly direction along the centerline of Wheeler Road to a point where it intersects at County Highway 388; running thence in a northerly and easterly direction along the centerline of County Road 388 to its intersection with Avery Avenue; running thence in an easterly direction along the centerline of Avery Avenue to its intersection with Beverly Road; running thence in a southerly direction along the centerline of Beverly Road to its intersection with Wheeler Road; running thence in an easterly direction along the centerline of Wheeler Road to a point where it intersects at the Columbia County and Richmond County line; running thence in a southwesterly direction along the Columbia County and Richmond County line to it intersects with Wrightsboro Road and the point of BEGINNING. Section 2 . Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The present members of the board of education shall serve for the terms of office for which they were elected and until their successors are elected and qualified as provided in this section. (b) (1) Beginning with the primary and general elections held in 1984 at which new members of the board of education are elected and thereafter, members shall be elected from the education districts provided for in Section 1. (2) There shall be elected to the board one member from each of said districts. Candidates may not offer for election to the board from any district other than that district in which their legal residence lies. The electors of the entire county may cast their votes for candidates offering for election to the board from all of the districts. No person shall be eligible to represent a district
Page 4416
unless he has been a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately become vacant. (3) Candidates elected to the board at the general election in 1984 shall take office on the first day of January following their election. The two candidates elected to the board who receive the least number of votes shall serve a term of two years, the remaining three candidates elected to the board shall serve for a term of four years, and all shall serve until their successors are duly elected and qualified. Thereafter, successors to the initial members of the board shall be elected in the general election in which their terms of office shall expire, shall take office on the first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified. (4) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a member to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat in accordance with the provisions of the Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended. Section 3 . After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of Columbia County to issue the call for an election for the purpose of submitting this Act to the electors of the Columbia County School District for approval or rejection. The election superintendent shall set the date of the election for the same day in 1984 at which the presidential primary is held and shall issue the call for the election at least 30 days but not more than 45 days prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of
Page 4417
Columbia County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act changing the education districts for the board of education of Columbia County and providing for staggered terms of office be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Columbia County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . The board of education of Columbia County is 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 5 . All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be introduced at the Regular Session of the General Assembly of Georgia a bill to amend an act providing for the election of members of the Board of Education of Columbia County, approved March 21, 1968. (Georgia Laws 1968,
Page 4418
Page 2768, and for other purposes.) This 3rd day of January, 1983. William S. Jackson Representative, 83rd District 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 is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbia News which is the official organ of Columbia County, on the following dates: January 5, 12, 19, 1983. /s/ William S. Jackson Representative, 83rd District Sworn to and subscribed before me, this 8th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4419
FORSYTH COUNTY BOARD OF COMMISSIONERSCOMPOSITION OF COMMISSIONER DISTRICTS CHANGED. No. 455 (House Bill No. 577). AN ACT To amend an Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 2, 1972 (Ga. L. 1972, p. 2065), so as to change the composition of the districts from which the members of the board are elected; 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 Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 2, 1972 (Ga. L. 1972, p. 2065), is amended by striking Section 2, relating to election of board members, and inserting in its place a new Section 2 to read as follows: Section 2. (a) The board of commissioners of Forsyth County shall consist of five members. For the purpose of electing such members, Forsyth County shall be divided into five commissioner districts as follows: Commissioner District No. 1 Start at the point at which the centerline of Georgia Highway 20, Road Number F54-1, crosses the centerline of the Chattahoochee River; thence in a general northwesterly direction along the centerline of Georgia Highway 20, Road F54-1, to a point at which the centerline of Georgia Highway 20 intersects the centerline extension of Nuckols Road, Road Number 454; thence in a general northeasterly direction along the centerline of Nuckols Road, Road Number 454, to a point at which the centerline extension of Nuckols Road intersects the centerline of Buford
Page 4420
Dam Road, Road Number 85; thence in a general westerly direction along the centerline of Buford Dam Road, Road Number 85, to a point at which the centerline of Buford Road intersects the centerline extension of Sanders Road, Road Number 86; thence in a general northerly direction along the centerline of Sanders Road, Road Number 86, to a point at which said centerline intersects the centerline of a creek flowing from Lake Alice into Lake Sidney Lanier; thence in a general easterly direction along the centerline of said creek to a point at which said creek flows into Lake Sidney Lanier and thence in a general northerly direction along the shoreline of Lake Sidney Lanier and following the meanderings thereof to a point at which said shoreline intersects the centerline of Baldridge Creek; thence in a general northwesterly direction along the centerline of Baldridge Creek to a point at which said centerline intersects the centerline of Pilgrim Mill Road, Road Number 97; thence in a general southwesterly direction along the centerline of Pilgrim Mill Road, Road Number 97, to a point at which the centerline of said Pilgrim Mill Road intersects the city limits boundary of the City of Cumming; thence in a general westerly, northerly, westerly, northerly, and westerly direction along the city limits of the City of Cumming to a point at which said city limits intersects the centerline of Georgia Highway Number 9, Road Number F114-1; thence in a general northeasterly direction along the centerline of Georgia Highway Number 9, Road Number F114-1, to a point at which said centerline intersects the centerline extension of Dunn Road, Road Number 202; thence in a general westerly direction along the centerline of Dunn Road, Road Number 202, to a point at which the centerline extension of Dunn Road intersects the centerline of Bettis Gap Road, Road Number 201; thence in a general northwesterly direction along the centerline of Bettis Gap Road, Road Number 201, to a point at which the centerline extension of Bettis Gap Road, Road Number 201, intersects the centerline of an unnamed road (known as Spot Road, Road Number 276); thence in a general southwesterly direction along the centerline of an unnamed road (known as Spot Road, Road Number 276), to a point at which the centerline extension of said Spot Road intersects the centerline of an unnamed road (known as Bramblett Road), Road Number S1678, Road Number 452; thence in a general southerly direction along said Bramblett Road, Road Number S1678, Road Number 452, along the centerline thereof to a point at which the centerline extension thereof intersects the centerline of Georgia Highway 20 West, Road Number F54-1; thence in a general southeasterly
Page 4421
direction along the centerline of Georgia Highway 20, Road Number F54-1, to a point where said centerline intersects the centerline of Mountain Creek; thence in a general westerly and southwesterly direction along the centerline of said Mountain Creek to a point at which said centerline intersects the centerline of Road Number 455 (known as Bethelview Road); thence in a southeasterly direction along the centerline of said Road Number 455 (known as Bethelview Road) to a point at which said centerline intersects the centerline of Kelley Mill Road, Road Number 5; thence in a general easterly direction along the centerline of Kelley Mill Road, Road Number 5, to a point at which said centerline intersects the centerline of Kelly Mill Branch; thence in a general southwesterly direction along the centerline of Kelly Mill Branch to a point at which said centerline intersects the centerline extension of Sawmill Branch; thence in a general southeasterly direction along the centerline of Sawmill Branch, crossing under Castleberry Road, Road Number 11, to a point at which Sawmill Branch flows into an unnamed lake; thence in a southeasterly and easterly direction along the general southern shoreline of said unnamed lake to a point at which Sawmill Branch enters said lake; thence in a general southerly direction along the centerline of Sawmill Branch to a point at which the centerline of Sawmill Branch intersects the centerline of Georgia Highway Number 9, Road Number S1336, Road Number F114-1; thence in a general southwesterly direction along the centerline of Georgia Highway Number 9, Road Number S1336, Road Number F114-1, to a point at which the centerline of Georgia Highway Number 9 intersects the centerline extension of Georgia Highway 141, Road Number F104-1; thence in a general southerly direction along the centerline of Georgia Highway Number 141, Road Number F104-1 to a point at which said centerline intersects the centerline extension of Brannon Road, Road Number 18; thence in a general southeasterly direction along the centerline of Brannon Road, Road Number 18, to a point at which the centerline extension of Brannon Road intersects the centerline of Old Atlanta Road, Road Number S1285, Road Number 450; thence in a general southeasterly direction along the centerline of Old Atlanta Road, Road Number S1285, Road Number 450, to a point at which said centerline intersects the centerline extension of Daves Creek Road, Road Number 78; thence in a general southeasterly direction along the centerline of Daves Creek Road, Road Number 78, to a point at which the centerline extension thereof intersects the centerline of Trammell Road, Road Number 75; thence in a
Page 4422
general southwesterly direction along the centerline of Trammell Road, Road Number 75, to a point at which said centerline intersects the centerline of Daves Creek; thence in a general southeasterly and southerly direction along the centerline of Daves Creek, and following the meanderings thereof, to a point at which said centerline intersects the centerline of James Creek; thence in a general southerly and easterly direction along the centerline of James Creek crossing under Burgess Road, Road Number 450, to a point at which the centerline extension of said James Creek intersects the centerline of the Chattahoochee River; thence in a general northeasterly direction along the centerline of Chattahoochee River to a point at which said centerline intersects the centerline of Georgia Highway Number 20, Road Number F54-1, the point of beginning. Commissioner District No. 2 Start at a point at which the centerline of Road Number S2564, Road Number 283, intersects the western boundary of Forsyth County, the common boundary between Forsyth County and Fulton County; thence in a general southeasterly and southerly direction along the centerline of Road Number S2564, Road Number 283, to a point at which the centerline extension thereof intersects the centerline of Strickland Road, Road Number 43; thence in a general southerly direction along the centerline of Strickland Road, Road Number 43, to a point at which the centerline extension of Strickland Road, Road Number 43, intersects the centerline of Road Number 283, Road Number S2564; (the following courses along Road Number S2564 being along and with the southern boundary of Forsyth County which is the common boundary between Forsyth County and Fulton County) thence in a general easterly direction along the centerline of Road Number 283, Road Number S2564, to a point at which the centerline extension thereof intersects the centerline of Union Hill Road, Road Number 456, Road Number S2564; thence in a general easterly direction along the centerline of Union Hill Road, Road Number 456, Road Number S2564, to a point at which said road becomes McGinnis Ferry Road, Road Number 458; thence in a general southeasterly direction along the centerline of McGinnis Ferry Road, Road Number 458, Road Number S2564, to a point at which the centerline extension thereof intersects the centerline of the Chattahoochee River; thence in a general northerly direction along the centerline of the Chattahoochee River, and following the
Page 4423
meanderings thereof, such centerline being the eastern boundary of Forsyth County, the common boundary between Forsyth County and Gwinnett County, to a point at which said centerline intersects the centerline extension of James Creek; thence in a general westerly direction along the centerline of James Creek to a point at which said centerline intersects the centerline extension of Daves Creek; thence in a general northwesterly direction along the centerline of Daves Creek to a point at which said centerline intersects the centerline of Trammell Road, Road Number 75; thence in a northeasterly direction along the centerline of Trammell Road, Road Number 75, to a point at which said centerline intersects the centerline extension of Daves Creek Road, Road Number 78; thence in a general westerly direction along the centerline of Daves Creek Road, Road Number 78, to a point at which said centerline extension intersects the centerline of Old Atlanta Road, Road Number S1285, Road Number 450; thence in a general northwesterly direction along the centerline of Old Atlanta Road, Road Number S1285, Road Number 450, to a point at which said centerline intersects the centerline extension of Brannon Road, Road Number 18; thence in a general westerly direction along the centerline of Brannon Road, Road Number 18, to a point at which the centerline extension thereof intersects the centerline of Georgia Highway 141, Road Number F104-1; thence in a northerly direction along the centerline of Georgia Highway 141, Road Number F104-1, to a point at which the centerline extension thereof intersects the centerline of Georgia Highway Number 9, Road Number F114-1; thence in a general westerly direction along the centerline of Georgia Highway 9, Road Number F114-1, to a point at which said centerline intersects the centerline extension of Moore Road, Road Number 34; thence in a general westerly direction along the centerline of Moore Road, Road Number 34, to a point at which said centerline intersects the western boundary of Forsyth County, the common boundary between Forsyth County and Fulton County; thence in a southerly direction along the western boundary of Forsyth County to a point at which the boundary intersects the centerline of an unnamed road, Road Number S2564, Road Number 283, the point of beginning. Commissioner District No. 3 Start at the point of intersection of the centerline of Moore Road, Road Number 34, with the western boundary of Forsyth
Page 4424
County, the common boundary between Forsyth County and Fulton County; thence in a general easterly direction along the centerline of Moore Road, Road Number 34, to a point at which the centerline extension thereof intersects the centerline of Georgia Highway 9, Road Number F114-1; thence in a general easterly and northeasterly direction along the centerline of Georgia Highway 9, Road Number F114-1, to a point at which said centerline intersects the centerline of Sawmill Branch; thence in a general northerly direction along the centerline of Sawmill Branch to a point at which said branch flows into an unnamed lake; thence in a general westerly and northwesterly direction along the southern shoreline of said unnamed lake to a point at which said Sawmill Branch exits from said unnamed lake; thence in a general northwesterly direction along the centerline of Sawmill Branch flowing under Castleberry Road, Road Number 11, to a point at which the centerline extension thereof intersects the centerline of Kelly Mill Branch; thence in a general northeasterly direction along the centerline of Kelly Mill Branch to a point at which said centerline intersects the centerline of Kelley Mill Road, Road Number 1; thence in a general westerly direction along the centerline of Kelley Mill Road, Road Number 1, changing to Road Number 5, to a point at which said centerline intersects the centerline of Road Number 455 (known as Bethelview Road); thence in a northerly direction along the centerline of Road Number 455 (known as Bethelview Road) to a point at which said centerline intersects the centerline of Mountain Creek; thence in a general northeasterly direction along the centerline of Mountain Creek to a point at which said centerline intersects the centerline of Georgia Highway Number 20, Road Number F54-1; thence in a general northwesterly direction along the centerline of Georgia Highway Number 20, Road Number F54-1, to a point at which said centerline intersects the centerline extension of Bramblett Road, Road Number S1678, Road Number 452; thence in a general northerly direction along the centerline of Bramblett Road, Road Number S1678, Road Number 452, to a point at which said centerline intersects the centerline extension of an unnamed road (known as Spot Road, Road Number 276); thence in a general northeasterly direction along the centerline of an unnamed road (known as Spot Road, Road Number 276), to a point at which said centerline intersects the centerline extension of Chadwick Road, Road Number 232; thence in a generally northerly and northeasterly direction along the centerline of said Road Number 232 (Chadwick Road continuing as Bramblett Road) to a point at
Page 4425
which said centerline intersects the centerline of an unnamed road, Road Number 245; thence in a northeasterly direction along the centerline of said Road Number 245 to a point at which said centerline intersects the centerline of Thalley Creek; thence in a generally northwesterly direction along the centerline of Thalley Creek to a point at which the centerline extension thereof intersects with the centerline of Settingdown Creek; thence in a general westerly direction along the centerline of Settingdown Creek, following the meanderings thereof, and crossing under Bramblett Road, Road Number S1678, Road Number 452, to a point at which the centerline of Settingdown Creek intersects with the centerline of Burnt Bridge Road, Road Number 271; thence in a general northerly direction along the centerline of Burnt Bridge Road, Road Number 271, to a point at which the centerline extension thereof intersects the centerline of Wallace Tatum Road, Road Number 270; thence in a general westerly direction along the centerline of Wallace Tatum Road, Road Number 270, said road becoming Road Number 269 for a portion thereof, until a point at which the centerline of Wallace Tatum Road intersects the centerline of Hurt Bridge Road, Road Number 451; thence in a general southwesterly direction along the centerline of Hurt Bridge Road, Road Number 451, to a point at which said centerline intersects the centerline of Settingdown Creek; thence in a general westerly direction along the centerline of Settingdown Creek, and following the meanderings thereof, to a point at which the centerline of Settingdown Creek intersects the western boundary of Forsyth County, the common boundary between Cherokee County and Forsyth County; thence in a southerly direction along the western boundary of Forsyth County, the common boundary between Forsyth County and Cherokee County, which then becomes the common boundary between Forsyth County and Fulton County, to a point at which the western boundary of Forsyth County intersects the centerline of Moore Road, Road Number 34, the point of beginning. Commissioner District No. 4 Start at the point at which the centerline of Settingdown Creek intersects the western boundary of Forsyth County, the common boundary between Forsyth County and Cherokee County; thence in a northerly direction along the western boundary of Forsyth County, the boundary common between Forsyth County and Cherokee County to a point representing the
Page 4426
northern terminus thereof, such point being the southern terminus of the common boundary between Dawson County and Cherokee County; thence in an easterly direction along the northern boundary of Forsyth County, the common boundary between Forsyth County and Dawson County, to a point at which the extension thereof intersects the ancient bed of the Chattahoochee River, the historic boundary between Forsyth County and Hall County now a part of Lake Sidney Lanier; thence in a general southeasterly direction along the centerline of the ancient Chattahoochee River to a point at which said centerline intersects the centerline of Georgia Highway 53, Road Number F65-3; thence in a southwesterly and northwesterly direction along the centerline of Georgia Highway 53, Road Number F65-3, to a point at which said centerline intersects the centerline extension of Westbrook Road, Road Number 226; thence in a westerly and southerly direction along the centerline of Westbrook Road, Road Number 226, to a point at which the centerline extension thereof intersects the centerline of Jot'em Down Road, Road Number 171; thence in a general westerly direction along the centerline of Jot'em Down Road, Road Number 171, to a point at which said centerline intersects the centerline extension of Road Number 162; thence in a general southerly direction along the centerline of Road Number 162 to a point at which said centerline is intersected by the centerline extension of Road Number 163; thence in a general southwesterly direction along the centerline of Road Number 163 to a point at which said centerline intersects the centerline extension of Cantrell Road, Road Number 161; thence in a general westerly and southerly direction along the centerline of Cantrell Road, Road Number 161, to a point at which the centerline extension thereof intersects the centerline of Georgia Highway 306, Road Number S862; thence in a general southwesterly direction along the centerline of Georgia Highway 306, Road Number S862 to a point at which the centerline thereof intersects the right-of-way centerline of Georgia Highway 400, U.S. Highway 19, Road Number F56-1; thence in a general southwesterly direction along the right-of-way centerline of Georgia Highway 400, U.S. Highway 19, Road Number F56-1, to a point at which said centerline intersects the centerline of Pilgrim Mill Road, Road Number S2884, Road Number 97; thence in a general southwesterly directional along the centerline of Pilgrim Mill Road, Road Number S2884, Road Number 97, to a point at which said centerline is intersected by the city limits of the City of Cumming; thence in a westerly, northerly, westerly, northerly, and westerly
Page 4427
direction along the boundary line of the city limits of the City of Cumming to a point at which said boundary intersects the centerline of Georgia Highway Number 9, Road Number S1336; thence in a general northerly direction along the centerline of Georgia Highway 9, Road Number S1336, to a point at which said centerline is intersected by the centerline extension of Dunn Road, Road Number 202; thence in a general westerly direction along the centerline of Dunn Road, Road Number 202, to a point at which the centerline extension thereof intersects the centerline of Bettis Gap Road, Road Number 201; thence in a general northwesterly direction along the centerline of Bettis Gap Road, Road Number 201, to a point at which the centerline extension thereof intersects the centerline of an unnamed road (known as Spot Road, Road Number 276); thence in a general southwesterly direction along the centerline of an unnamed road (known as Spot Road, Road Number 276), to a point at which said centerline intersects the centerline extension of Chadwick Road, Road Number 232; thence in a northerly direction along the centerline of said Road Number 232 (Chadwick Road continuing as Bramblett Road) to a point at which said centerline intersects the centerline of an unnamed road, Road Number 245; thence in a northeasterly direction along the centerline of said Road Number 245 to a point at which said centerline intersects the centerline of Thalley Creek; thence in a generally northwesterly direction along the centerline of Thalley Creek to a point at which the centerline extension thereof intersects with the centerline of Settingdown Creek; thence in a general northwesterly and westerly direction along the centerline of Settingdown Creek to a point at which said centerline intersects with the centerline of Burnt Bridge Road, Road Number 271; thence in a general northerly direction along the centerline of Burnt Bridge Road, Road Number 271, to a point at which the centerline extension thereof intersects with the centerline of Wallace Tatum Road, Road Number 270; thence in a general westerly direction along the centerline of Wallace Tatum Road, Road Number 270, becoming Road Number 269, to a point at which said centerline intersects with the centerline of Hurt Bridge Road, Road Number 451; thence in a general southwesterly direction along the centerline of Hurt Bridge Road, Road Number 451, to a point at which said centerline intersects the centerline of Settingdown Creek; thence in a general westerly direction along the centerline of Settingdown Creek, and following the meanderings thereof, to a point at which Settingdown Creek intersects the western boundary of Forsyth County, the common boundary between Forsyth County and Cherokee County, the point of beginning.
Page 4428
Commissioner District No. 5 Start at the intersection of the centerline of Georgia Highway 20, Road Number F54-1, with the centerline of the Chattahoochee River; thence in a general northwesterly direction along the centerline of Georgia Highway 20, Road Number F54-1, to a point at which said centerline intersects the centerline extension of Nuckols Road, Road Number 454; thence in a general northeasterly direction along the centerline of Nuckols Road, Road Number 454, to a point at which the centerline extension thereof intersects the centerline of Buford Dam Road, Road Number 85, Road Number S2347; thence in a general westerly direction along the centerline of Buford Dam Road, Road Number 85, Road Number S2347, to a point at which said centerline intersects the centerline extension of Sanders Road, Road Number 86; thence in a northerly direction along the centerline of Sanders Road, Road Number 86, to a point at which said centerline intersects the centerline of a creek running from Lake Alice to Lake Sidney Lanier; thence in a general easterly direction along the centerline of said creek to a point at which said creek enters Lake Sidney Lanier; thence in a general northerly direction along the shoreline of Lake Sidney Lanier and following the meanderings thereof to a point at which Baldridge Creek flows into Lake Sidney Lanier; thence in a general northerly direction along the centerline of Baldridge Creek to a point at which said centerline intersects the centerline of Pilgrim Mill Road, Road Number 97, Road Number S2884; thence in a general westerly direction along the centerline of Pilgrim Mill Road, Road Number 97, Road Number S2884, to a point at which said centerline intersects the right-of-way centerline of Georgia Highway 400, U.S. Highway 19, Road Number F56-1; thence in a general northeasterly direction along the right-of-way centerline of Georgia Highway 400, U.S. Highway 19, Road Number F56-1, to a point at which said right-of-way centerline intersects the centerline of Georgia Highway 306, Road Number S862, Road Number F12-1; thence in a general northeasterly direction along the centerline of Georgia Highway 306, Road Number S862, Road Number F12-1, to a point at which said centerline intersects the centerline of Cantrell Road, Road Number 161; thence in a general northerly and easterly direction along the centerline of Cantrell Road, Road Number 161, to a point at which the centerline extension thereof intersects the centerline of Road Number 163; thence in a general northeasterly direction along the centerline of Road Number 163 to a point at
Page 4429
which the centerline extension thereof intersects the centerline of Road Number 162; thence in a general northerly direction along the centerline of Road 162 to a point at which the centerline extension thereof intersects the centerline of Jot'em Down Road, Road Number 171; thence in a general easterly direction along the centerline of Jot'em Down Road, Road Number 171, to a point at which the centerline thereof intersects the centerline extension of Westbrook Road, Road Number 226; thence in a general northerly and easterly direction along the centerline of Westbrook Road, Road Number 226, to a point at which the centerline thereof intersects the centerline of Georgia Highway 53, Road Number F65-3; thence in a general southeasterly and northeasterly direction along the centerline of Georgia Highway 53, Road Number F65-3, to a point at which said centerline intersects the centerline of the ancient bed of the Chattahoochee River, now a part of Lake Sidney Lanier, the eastern boundasry of Forsyth County and the common boundary between Forsyth County and Hall County; thence in a general southeasterly and southwesterly direction along the ancient bed of the Chattahoochee River, the centerline thereof forming the common boundary between Forsyth County and Hall County, traversing Buford Dam and continuing along the centerline of the Chattahoochee River, the eastern boundary of Forsyth County and the common boundary between Forsyth County and Gwinnett County, to a point at which said centerline intersects the centerline of Georgia Highway Number 20, Road Number F54-1, the point of beginning. The above descriptions of commissioner districts of Forsyth County, State of Georgia, are derived from the GENERAL HIGHWAY MAP, FORSYTH COUNTY, GEORGIA, PREPARED BY THE DEPARTMENT OF TRANSPORTATION, DIVISION OF PLANNING AND PROGRAMMING, PLANNING DATA SERVICES, dated 1982, showing a last revision date of August 27, 1982, and bearing thereon the numerical designation 117/058, which map is incorporated herein for a more particular description of the commissioner district boundaries hereinabove set forth. The designation `Mountain Creek' referenced in the descriptions hereinabove set forth does not appear on said General Highway Map, and is derived from a resolution of the Board of Commissioners of Forsyth County, adopted February 14, 1983, and appearing on the minutes of said Board of Commissioners of Forsyth County, Georgia.
Page 4430
(b) If any portion of Forsyth County is not included in any of the commissioner districts described in subsection (a) of this section, then such portion shall be a part of the adjacent commissioner district which has the least population according to the United States decennial census of 1980. (c) There shall be one member of the board from each commissioner district. In order to be eligible to serve on the board from a commissioner district, a person must be a resident of said district. All members, however, shall be voted upon by the voters of the entire county. A candidate shall designate the post for which he offers as a candidate. This shall apply to all primaries and elections. The election of members to the board of commissioners shall be conducted in accordance with the provisions of the `Georgia Election Code' relating to the election of candidates for such offices. (d) At the general election held in each even-numbered year there will be elected a successor to each member of the board whose term will expire on December 31 next following the election. Each successor shall be elected from the commissioner district designated by the same number as the commissioner district from which the member he is to succeed was elected. (e) Each member of the board shall serve for a term of four years beginning on the first day of January following his election. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, legislation to change the composition of the districts from which members of the board of commissioners of Forsyth County are elected; to provide for all related matters; to repeal conflicting laws; and for other purposes.
Page 4431
This 20th day of December, 1982. Bill H. Barnett Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, 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 Forsyth County News which is the official organ of Forsyth County, on the following dates: December 22, 29, 1982 and January 5, 1983. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4432
CORPORATE LIMITS OF THE CITY OF ROME CHANGED AND EXTENDED. No. 456 (House Bill No. 741). AN ACT To amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to change and 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 creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is amended by extending the corporte limits of the City of Rome so as to include therein and annex to said corporate limits the following described tracts and parcels of property: All that tract or parcel of land situated, lying and being in Land Lots 158, 159, 160, 161, 165, 166 and 167 in the 4th District and 4th Section of Floyd County, Georgia and being more particularly described as follows: Starting at the intersection of the westerly right-of-way line of Abigail Lane and the northerly right-of-way line of Burnett Ferry Road and going thence across Burnett Ferry Road on a southeasterly projection of the westerly right-of-way line of Abigail Lane a distance of 50 feet to a point on the southerly right-of-way line of Burnett Ferry Road and the point of beginning. Going thence from said point of beginning in a southwesterly direction along the southerly right-of-way line of Burnett Ferry Road to a point located 100 feet southwesterly as measued along the southerly right-of-way of Burnett Ferry Road from its intersection with the westerly right-of-way line of Hearthwood Drive (formerly Hampton Drive) which said point is also the existing city limits line of the City of Rome, Georgia; going thence across the right-of-way of Burnett Ferry Road along a northwesterly projection of said existing city limits line north 32 degrees 15 minutes west a distance of 60 feet to a point located on the northerly right-of-way line of Burnett Ferry Road; going thence in a northeasterly
Page 4433
direction along the northerly right-of-way line of Burnett Ferry Road to a point located at the intersection of the northerly right-of-way line of Burnett Ferry Road and the westerly right-of-way line of Billy Pyle Road (formerly Druid Road); going thence along said westerly right-of-way line of Billy Pyle Road in a northwesterly, westerly and southwesterly direction and following the curvature thereof to a point located on the southerly right-of-way line of Billy Pyle Road at its intersection with a line formed by a southerly projection of the westerly right-of-way line of Fernwood Drive; thence along said southerly projection of the westerly right-of-way line of Fernwood Drive in a northerly direction across the right-of-way line of Billy Pyle Road a distance of 50 feet, more or less, to a point located at the intersection of the northerly right-of-way line of Billy Pyle Road and the westerly right-of-way line of Fernwood Drive; going thence along the northwesterly, northerly and easterly right-of-way lines of Billy Pyle Road following the curvature thereof to a point located at the intersection of the easterly right-of-way line of Billy Pyle Road and the northerly right-of-way line of Burnett Ferry Road; going thence in a northeasterly direction along the northerly right-of-way line of Burnett Ferry Road to a point on said northerly right-of-way line of Burnett Ferry Road located at the south corner of Lot 413 of the Edgewood Park Subdivision as shown on a plat recorded in Plat Book 2, page 198 in the office of the Clerk of the Superior Court of Floyd County, Georgia; going thence in a northwesterly direction along the westerly line of said lot 413 and also along the westerly line of lot 423 of said subdivision a distance of 197 feet to a point located on the easterly right-of-way of Michael Street; thence in a northerly direction along the existing city limits line of the City of Rome a distance of 260 feet, more or less, to the point where said city limits line turns in a easterly direction; thence following said city limits line in a easterly direction across lots 20, 21 and 22 of the Westdale Subdivision as shown on a plat recorded in Plat Book 4, page 239 in the office of the Clerk of the Superior Court of Floyd County, Georgia to a point located on the westerly right-of-way line of Abigail Lane, which point is also the east corner of lot 22 of Westdale Subdivision; going thence in a southeasterly direction along the westerly right-of-way line of Abigail Lane a distance of 150 feet to a point located at the intersection of the westerly right-of-way line of Abigail Lane and the northerly right-of-way line of Burnett Ferry Road and the point of beginning.
Page 4434
All that tract or parcel of land situated, lying and being in Land Lots 326 and 327 in the 23rd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection of the existing city limits line of the City of Rome, Georgia and the northerly right-of-way line of U.S. Highway 411 (which point is also the intersection of the northerly right-of-way line of U.S. Highway 411 and a southerly projection of the easterly right-of-way line of Woodland Street). Going thence from said point of beginning in a northwesterly direction along the northerly right-of-way line of U.S. Highway 411 to its intersection with the easterly right-of-way line of Dean Street; going thence from said point in a southerly direction across the right-of-way of U.S. Highway 411 to a point located at the intersection of the southerly right-of-way line of U.S. Highway 411 and Rockmart Road (State Road 101) (the distance across said right-of-way is the same as that measured along the easterly right-of-way line of Rockmart Road (State Route 101) and the existing city limits line of the City of Rome, Georgia); going thence in a southeasterly direction along the southerly right-of-way line of U.S. Highway 411 to the existing city limits line of the City of Rome, Georgia (which point is formed by the intersection of the southerly right-of-way line of U.S. Highway 411 and the southerly projection of the easterly right-of-way line of Woodland Street); going thence in a northerly direction across the right-of-way of U.S. Highway 411 along the existing city limits of the City of Rome, Georgia to the northerly right-of-way line of U.S. Highway 411 and the point of beginning. TRACT II All that tract or parcel of land situated, lying and being in Land Lots 325, 326, 356, 357 and 358 in the 23rd District and 3rd Section of Floyd County, Georgia and also being in Land Lots 3, 34, 35, 36, 37 and 38 in the 22nd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection of the southerly right-of-way line of U.S. Highway 411 and 27 and the easterly right-of-way line of Flannery Street. Going thence from said point of beginning in a southwesterly direction along the southerly and easterly right-of-way line of U.S. Highway 411 and 27 and following the curvature thereof to a point located at the intersection of said easterly right-of-way line of U.S. Highway 411 and 27 and the southerly right-of-way
Page 4435
line of Eden Valley Road; thence in a westerly direction across U.S. Highway 411 and 27 to a point located at the intersection of the westerly right-of-way line of U.S. Highway 411 and 27 and Walker Mountain Road; (this distance includes the entire road right-of-way from the easterly right-of-way line of U.S Highway 411 and 27 to the westerly right-of-way line of U.S. Highway 411 and 27); going thence in a northerly direction along the westerly right-of-way line of U.S. Highway 411 and 27 a distance of 750 feet, more or less, to the intersection of the westerly right-of-way line of U.S. Highway 411 and 27 and the westerly right-of-way line of Cave Spring Road (State Highway 53); going thence south 83 degrees 37 minutes east 80 feet to a concrete monument located on the easterly right-of-way line of Cave Spring Road (State Highway 53); continuing thence south 83 degrees 37 minutes east 73.4 feet to a concrete monument located on the northerly right-of-way line of U.S. Highway 411 and 27; going thence in a northeasterly direction along the westerly and northerly right-of-way line of U.S. Highway 411 and 27 and following the curvature thereof to a point located at the intersection of the northerly right-of-way line of U.S. Highway 411 and 27 and the easterly right-of-way line of Flannery Street; thence in a southerly direction across the right-of-way of U.S. 411 and 27 and along the existing city limits line of the City of Rome, Georgia on a line formed by a projection of the easterly right-of-way line of Flannery Street to the point of beginning. All that tract or parcel of land situated, lying and being in Land Lots 324, 357, and 358 in the 23rd District and 3rd Section of Floyd County, Georgia, and Land Lots 3, 34, 35, 37, 38, and 72 in the 22nd District and 3rd Section of Floyd County, Georgia, and being more particularly described as follows: Starting at the intersection of the easterly right-of-way line of the Southern Railway and the southerly right-of-way line of East 20th Street and running thence in a southwesterly direction along said easterly right-of-way line of the Southern Railway a distance of 200 feet, more or less, to a point located on the existing city limits line of the City of Rome, Georgia and the point of beginning. Going thence from said point of beginning in a southwesterly direction along the easterly right-of-way line of the Southern Railway to a point located in Land Lot 37 where said Southern Railway splits into two tracks; thence continuing along the easterly right-of-way line of the Southern Railway along the eastern track towards Atlanta to a point where said easterly right-of-way line intersects the southerly land lot line of
Page 4436
Land Lot 72; going thence in a westerly direction across said railway a distance of 100 feet, more or less, along the southern land lot line of Land Lot 72 to a point located on the westerly right-of-way line of said track; going thence in a northwesterly direction along the westerly right-of-way line of said track to the point where said westerly line of said track intersects the easterly right-of-way line of the Southern Railway track towards Selma, Alabama; going thence in a southwesterly direction along the easterly right-of-way line of said track to a point located at the intersection of said easterly right-of-way line of said track and the southerly right-of-way line of Eden Valley Road; thence along the southerly right-of-way line of Eden Valley Road and across said track a distance of 100 feet, more or less, to a point located at the intersection of the southerly right-of-way line of Eden Valley Road and the westerly right-of-way line of said track; thence continuing along the southerly right-of-way line of Eden Valley Road to a point where it intersects the easterly right-of-way line of U.S. Highway 411 and 27; going thence in a northerly direction along said easterly right-of-way line of U.S. Highway 411 and 27 a distance of 60 feet to the intersection of said easterly right-of-way line of U.S. Highway 411 and 27 and the northerly right-of-way line of Eden Valley Road; thence in an easterly direction along the northerly right-of-way line of Eden Valley Road to its intersection with the westerly right-of-way line of the Southern Railway; going thence in a northeasterly direction along the westerly right-of-way line of said track and along the existing city limits of the City of Rome, Georgia, to a point located on the westerly right-of-way line of said track at its junction with the Southern Railway track towards Atlanta described above; continuing thence along the westerly right-of-way line of the Southern Railway and the existing city limits line of the City of Rome in a northeasterly direction to a point being 50 feet westerly from the point of beginning as measured along the existing city limits line of the City of Rome, Georgia; going thence in a easterly direction and across the right-of-way of the Southern Railway and along the existing city limits line of the City of Rome, Georgia a distance of 50 feet, more or less, to the point of beginning. All that tract or parcel of land situated, lying and being in Land Lots 161 and 128 in the 4th District and 4th Section of Floyd County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection of the easterly right-of-way line of Watson Street and the northerly right-of-way line of the Southern Railway. Going thence from said point of beginning
Page 4437
in a northwesterly direction along the northerly right-of-way line of the Southern Railway 1048.3 feet, more or less, to a point; thence north a distance of 50.9 feet to a point on the north land lot line of said Land Lot 161; thence west along said north land lot line a distance of 116.1 feet to a point located on the northerly right-of-way line of the Southern Railway; thence in a northwesterly direction along the northerly right-of-way line of the Southern Railway a distance of 804.4 feet, more or less, to the intersection of the northerly right-of-way line of the Southern Railway and the easterly right-of-way line of Airport Road; thence in a southerly direction along the easterly right-of-way line of Airport Road a distance of 66 feet, more or less, to the southern right-of-way line of the Southern Railway; going thence in a southeasterly direction along said southerly right-of-way of the Southern Railway a distance of 1977.7 feet, more or less, to the point of beginning. All that tract or parcel of land situated, lying and being in Land Lot 325 in the 23rd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: Starting at the intersection of the southerly right-of-way line of East 20th Street and the westerly right-of-way line of Maple Road and going thence in a southerly direction along the westerly right-of-way line of Maple Road a distance of 200 feet to a point located on the existing city limits line of the City of Rome, Georgia, which said point is the northeast corner of Lot 9 of the Miller Nursery Subdivision as shown on a plat of said subdivision recorded in Plat Book 2, Page 33 in the office of the Clerk of the Superior Court of Floyd County, Georgia, said point being the point of beginning. Going thence from said point of beginning in a southerly direction along the westerly right-of-way line of Maple Road to the intersection of the westerly right-of-way line of Maple Road and the northerly right-of-way line of U.S. Highway 411 and 27; thence in an easterly direction across the right-of-way of Maple Road to a point located at the intersection of the easterly right-of-way line of Maple Road and the northerly right-of-way line of U.S. Highway 411 and 27; going thence in a northerly direction along the easterly right-of-way line of Maple Road to a point located at the northwest corner of Lot 172 of the Miller Nursery Subdivision as shown on the above-referenced plat, which said point is 200 feet southerly as measured along the easterly right-of-way line of Maple Road from its intersection with East 20th Street, and said point also being located on the existing city limits line of the City of Rome, Georgia; going thence in a westerly direction along the right-of-way
Page 4438
of Maple Road and along the existing city limits line of the City of Rome, Georgia a distance of 50 feet to the point of beginning. All that tract or parcel of land situated, lying and being in Land Lots 324, 325, and 357 in the 23rd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: Starting at the intersection of the southerly right-of-way line of East 20th Street and the easterly right-of-way line of Old Lindale Road (Cedar Street) and running thence in a southerly direction along the easterly right-of-way line of Old Lindale Road (Cedar Street) a distance of 200 feet to a point located at the northwest corner of Lot 9 of the Mill-Air Subdivision as shown on a plat of said subdivision recorded in Plat Book 2, Page 169 in the office of the Clerk of the Superior Court of Floyd County, Georgia, said point being located on the existing city limits line of the City of Rome, Georgia, and being the point of beginning. Going thence from said point of beginning in a southerly direction along the easterly right-of-way line of Old Lindale Road (Cedar Street) to the point where said easterly right-of-way line of Old Lindale Road (Cedar Street) intersects with the northerly right-of-way line of Darlington Drive (Old Furnace Road); thence in a northwesterly direction along the northerly right-of-way line of Darlington Road (Old Furnace Road) a distance of 40 feet, more or less, to a point located on the westerly right-of-way line of Old Lindale Road (Cedar Street); going thence in a northerly direction along the westerly right-of-way line of Old Lindale Road (Cedar Street) to a point located on the existing city limits line of the City of Rome, Georgia, said point being 200 feet southerly from the intersection of the westerly right-of-way line of Old Lindale Road (Cedar Street) with the southerly right-of-way line of East 20th Street; going thence in a easterly direction across the right-of-way line of Old Lindale Road (Cedar Street) and along the existing city limits line of the City of Rome, Georgia a distance of 40 feet, more or less, to the point of beginning. All that tract or parcel of land situated, lying and being in Land Lot 357 in the 23rd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: Beginning at the intersection of the northerly right-of-way line of Darlington Drive (Old Furnace Road) and the easterly right-of-way line of the Southern Railroad in said Land Lot; going thence from said point of beginning in a southeasterly direction along the northerly
Page 4439
right-of-way line of Darlington Drive (Old Furnace Road) to the point of intersection of the northerly right-of-way line of Darlington Drive (Old Furnace Road) and the westerly right-of-way line of Old Lindale Road (Cedar Street); thence in a southwesterly direction on a line formed by a southerly projection of the westerly right-of-way line of Old Lindale Road across the right-of-way of Darlington Drive (Old Furnace Road) a distance of 60 feet, more or less, to a point located on the southerly right-of-way line of Darlington Drive (Old Furnace Road); going thence in a westerly direction along the southerly right-of-way line of Darlington Drive (Old Furnace Road) to the intersection of the said southerly right-of-way line of Darlington Drive (Old Furnace Road) and the easterly right-of-way line of the Southern Railroad; going thence in a northeasterly direction along the easterly right-of-way line of the Southern Railroad a distance of 60 feet to the point of beginning. All that tract or parcel of land situated, lying and being in Land Lots 323 and 358 in the 23rd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: Beginning at the intersection of the easterly right-of-way line of Cave Springs Road and the northerly right-of-way line of Darlington Drive (Old Furnace Road) and going thence from said point of beginning in a northeasterly direction along the easterly right-of-way line of Cave Springs Road a distance of 195.6 feet to a point located on the southerly line of the property of Darlington School; going thence in a northwesterly direction along the right-of-way of Cave Springs Road on a northwesterly projection of the southern property line of Darlington School a distance of 60 feet, more or less, to a point located on the westerly right-of-way line of Cave Springs Road; going thence in a southwesterly direction along the westerly right-of-way line of Cave Springs Road to a point located at the intersection of the westerly right-of-way line of Cave Springs Road and the northerly right-of-way line of DeSoto Park Road; going thence across the right-of-way of Cave Springs Road and along a southeasterly projection of the northerly right-of-way line of DeSoto Park Road a distance of 80 feet, more or less, to a point located on the existing city limits line of Rome, Georgia and also located on the easterly right-of-way line of Cave Springs Road; going thence in a northeasterly direction along the easterly right-of-way line of Cave Springs Road to a point located at the intersection of the easterly right-of-way line of Cave Springs Road and the northerly right-of-way line of Darlington Drive (Old Furnace Road) and the point of beginning.
Page 4440
All that tract or parcel of land situated, lying and being in Land Lot 356 in the 23rd District and 3rd Section of Floyd County, Georgia and Land Lot 73 in the 22nd District and 3rd Section of Floyd County, Georgia, and being more particularly described as follows: Starting at the intersection of the easterly right-of-way line of Old Lindale Road (Cedar Street) and the southern land lot line of Land Lot 72 in the 22nd District and 3rd Section of Floyd County, Georgia, and going thence north 00 degrees 32 minutes west along the easterly right-of-way line of Old Lindale Road 1738.7 feet to a point; thence north 81 degrees 37 minutes east 202.7 feet to a point; thence north 74 degrees 13 minutes east 324.2 feet to a point located on the westerly land lot line of Land Lot 73; going thence south 80 degrees 12 minutes east 142.1 feet to a point located on the westerly right-of-way line of the Central of Georgia Railroad and the point of beginning. Going thence from said point of beginning in a northeasterly and northerly direction along the westerly right-of-way line of the Central of Georgia Railroad to the point located at the intersection of said westerly right-of-way line of the Central of Georgia Railroad and the northern land lot line of Land Lot 356; going thence in an easterly direction along the northern land line of said Land Lot 356 and across the right-of-way of the Central of Georgia Railroad 100 feet to a point located on the easterly right-of-way line of the Central of Georgia Railroad; going thence in a southerly and southwesterly direction along the Central of Georgia Railroad to a point located south 80 degrees 12 minutes east 100 feet from the point of beginning; going thence north 80 degrees 12 minutes west across the right-of-way of the Central of Georgia Railroad 100 feet to the point of beginning. All that tract or parcel of land situated, lying and being in Land Lots 124 and 125 in the 4th District and 4th Section of Floyd County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection of the easterly right-of-way line of Indiana Drive and the southerly right-of-way line of the Central of Georgia Railroad, which said point is also located on the easterly land lot line of Land Lot 125 and the existing city limits line of the City of Rome, Georgia. Going thence from said point of beginning in a northwesterly direction along the southerly right-of-way line of Central of Georgia Railroad a distance of 3233.7 feet, more or less, to a point located at the intersection of the southerly right-of-way line of the Central of Georgia Railroad and the easterly right-of-way line of Redmond Circle; continuing thence along said southerly
Page 4441
right-of-way line of the Central of Georgia Railroad 1002 feet, more or less to the easterly right-of-way line of a Georgia Power Company easement; thence on a projection of said easterly line of said Georgia Power Company easement in a northrely direction and across the Central of Georgia Railroad right-of-way 66 feet, more or less, to a point located on the northerly right-or-way line of the Central of Georgia Railroad; thence in a southeasterly direction along the northerly right-of-way line of the Central of Georgia Railroad a distance of 4235.7 feet to a point where said northerly right-of-way line of the Central of Georgia Railroad intersects the east land lot line of said Land Lot 125; thence in a southerly direction along the east land lot line of said Land Lot 125 a distance of 66 feet, more or less, to the point of beginning. All that tract or parcel of land situated, lying and being in Land Lots 232 and 249 in the 23rd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: Beginning at a point located on the existing city limits line of the City of Rome, Georgia, which said point is located at the intersection of the southerly right-of-way line of Kingston Highway and the westerly right-of-way line of Saint James Drive. Going thence from said point of beginning along the southerly right-of-way line of Kingston Highway 30 feet to a point located at the intersection of the southerly right-of-way line of Kingston Highway and the easterly right-of-way line of Saint James Drive; continuing thence along the southerly right-of-way line of Kingston Highway 984.1 feet to a point located at the intersection of the southerly right-of-way line of Kingston Highway and the westerly right-of-way line of Keown Raod; continuing thence along the southerly right-of-way line of Kingston Highway a distance of 30 feet to a point located at the intersection of the southerly right-of-way line of Kingston Highway and the easterly right-of-way Keown Road; going thence along a northeasterly projection of the easterly right-of-way line of Keown Road across Kingston Highway a distance of 50 feet to a point located on the northerly right-of-way line of Kingston Highway; going thence in a northwesterly direction along the northerly right-of-way line of Kingston Highway a distance of 1044 feet, more or less, to an iron pin located on the existing city limits line, which said iron pin is located 1295.38 feet as measured along the northerly right-of-way line of Kingston Highway from its intersection with Fieldwood Road; going thence south 01 degrees 47 minutes 38 seconds west along the existing city limits line of the City of Rome, Georgia and across Kingston Highway a distance of 50.00 feet to the point of beginning.
Page 4442
Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intenction to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to extend and change the boundaries of the City of Rome by certain annexations, to repeal conflicting provisions, and for other purposes. This 31st day of January, 1983. John Adams Representative, 16th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams, who, on oath, deposes and syas that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: February 3, 10, 17, 1983. /s/John Adams Representative, 16th District
Page 4443
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. MUNICIPAL COURT OF COLUMBUS, GEORGIAJURISDICTION, JUDGE'S SALARY, ETC. No. 457 (House Bill No. 836). AN ACT To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved February 6, 1952 (Ga. L. 1952, p. 2184), an Act approved December 17, 1953 (Ga. L. 1953, Nov. Sess., p. 256), an Act approved March 4, 1955 (Ga. L. 1955, p. 2772), an Act approved March 5, 1957 (Ga. L. 1957, p. 2338), an Act approved February 26, 1962 (Ga. L. 1962, p. 2229), an Act approved February 28, 1966 (Ga. L. 1966, p. 2644), an Act approved March 21, 1968 (Ga. L. 1968, p. 2706), an Act approved March 10, 1970 (Ga. L. 1970, p. 2346), an Act approved March 29, 1971 (Ga. L. 1971, p. 2241), an Act approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), an Act approved April 17, 1973 (Ga. L. 1973, p. 3061), an Act approved March 28, 1974 (Ga. L. 1974, p. 3774), an Act approved February 27, 1976 (Ga. L. 1976, p. 2727), an Act approved March 23, 1977 (Ga. L. 1977, p. 3378), an Act approved March 24, 1978 (Ga. L. 1978, p. 4471), an Act approved March 26, 1980 (Ga. L. 1980, p. 4241), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4044), so as to provide for an increase in civil jurisdiction; to provide for the salaries of the judge,
Page 4444
clerk, and marshal of said court; to provide for an increase in the costs of said court; to provide that the judge, clerk, and marshal may also serve in magistrate court; to provide for a judge pro hac vice; to increase the contempt powers; to change the appearance day; to provide for selection of jurors; and for other purposes so that this Act will contain all laws and parts of laws pertaining to said Municipal Court of Columbus, Georgia, in one volume of Acts of the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved February 6, 1952 (Ga. L. 1952, p. 2184), an Act approved December 17, 1953 (Ga. L. 1953, Nov. Sess., p. 256), an Act approved March 4, 1955 (Ga. L. 1955, p. 2772), an Act approved March 5, 1957 (Ga. L. 1957, p. 2338), an Act approved February 26, 1962 (Ga. L. 1962, p. 2229), an Act approved February 28, 1966 (Ga. L. 1966, p. 2644), an Act approved March 21, 1968 (Ga. L. 1968, p. 2706), an Act approved March 10, 1970 (Ga. L. 1970, p. 2346), an Act approved March 29, 1971 (Ga. L. 1971, p. 2241), an Act approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), an Act approved April 17, 1973 (Ga. L. 1973, p. 3061), an Act approved March 28, 1974 (Ga. L. 1974, p. 3774), an Act approved February 27, 1976 (Ga. L. 1976, p. 2727), an Act approved March 23, 1977 (Ga. L. 1977, p. 3378), an Act approved March 24, 1978 (Ga. L. 1978, p. 4471), an Act approved March 26, 1980 (Ga. L. 1980, p. 4241), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4044), is amended by striking the enacting clause and all matter thereafter and inserting in lieu thereof the following: BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. In order to carry into effect within and throughout the limits of Columbus, Georgia, and Muscogee County, Georgia, the provisions of the Constitution of the State of Georgia, relating to the abolition of justice courts and the offices of justices of the peace and notaries public ex officio justices of the peace and the establishment of municipal courts, said offices are abolished in Muscogee County and the municipal court in and for Columbus, Georgia, and Muscogee County is continued in existence under the name Municipal Court of Columbus and Muscogee County, with its powers and jurisdiction as hereinafter stated.
Page 4445
Section 2. Jurisdiction is conferred upon said Municipal Court of Columbus and Muscogee County, within the limits of Muscogee County, Georgia, in all matters, civil and criminal, and as a court of inquiry, exercised by said justices of the peace, justice courts, and notaries public ex officio justices of the peace. Section 3. In addition to the matters and things over which said justice courts, justices of the peace, and notaries public ex officio justices of the peace now have jurisdiction, the said Municipal Court of Columbus and Muscogee County shall have jurisdiction within the limits of Muscogee County and Columbus, Georgia, concurrent with the Superior Court of Muscogee County to try and dispose of all civil causes or proceedings, of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to or claimed to be due, or the value of the property in dispute does not exceed $7,500.00, and of which jurisdiction is not vested by the Constitution and laws of Georgia exclusively in another or other courts. The criminal jurisdiction of said municipal court shall be throughout the limits of Muscogee County and Columbus, Georgia, and shall be the jurisdiction in criminal matters exercised by justices of the peace, notaries public ex officio justices of the peace, and justice courts, and shall not exceed the jurisdiction now or hereafter vested by law in the justice courts or the jurisdiction hereafter vested by law in the magistrate courts of this state; except that the judge of said Municipal Court of Columbus and Muscogee County is empowered and authorized and given jurisdiction to accept pleas of guilty or nolo contendere and to impose punishment and penalties provided by law in all cases involving misdemeanors where preliminary hearing is waived in writing by the accused and a plea of guilty or nolo contendere entered by the accused in writing. Whenever the words `principal amount sworn to or claimed to be due' are used in this Act, it shall be held to mean the principal amount sued for or the value of the property sued for or claimed or the alleged amount of liens sought to be enforced by the defendant, set-off, or counterclaim, exclusively of and not computing interest, hire, attorney's fees, and costs. Section 4. There shall be a judge, clerk, and marshal of said court and also a deputy clerk or clerks and a deputy marshal or marshals of said court; provided, further, that the present judge, clerk, and marshal of said court now holding office shall complete their present terms and shall hold office until January 1, 1985, and until their respective successors are elected and qualified. The regular term of
Page 4446
offices of the judge, clerk, and marshal of said court shall each be four years, and for such regular term of office each shall be elected by the qualified voters of Muscogee County quadrennially beginning in 1984 at the regular state election for the election of state house officers and of members of the General Assembly. Section 5. (a) Any person who shall be elected judge of said court must, at the time of his election, have been a resident of Muscogee County and a practicing attorney at law for at least five years immediately preceding his election and must also be at least 25 years of age. The judge of said court shall not practice law, shall not engage in any practice of law usually conducted by an attorney at law, whether in or out of the courts, and shall in all other respects be subject to the same restrictions as are now imposed on the judges of the superior courts of this state. (b) However, the judge of said court may also serve as judge of Magistrate Court of Columbus and Muscogee County. Section 6. (a) The clerk or marshal of said court must be at the time of his election a bona fide resident of Muscogee County. (b) The clerk or marshal of said court may also serve, in each respective position, as clerk and marshal of the Magistrate Court of Columbus and Muscogee County. Section 7. In the event the judge of said court is unable to discharge the duties of his office by reason of his death or absence or on account of sickness or for any cause he is disqualified from presiding, if there is no other provision of law providing for a judge to preside in said court, the Governor shall have the power to appoint some competent attorney, a resident of Muscogee County and with the same qualifications as the judge of said court, to preside in said court; and, when so appointed, such attorney shall have the same duties and powers. The compensation of such attorneys for actual service shall be the same as that of the elected judge and shall be paid by Columbus, Georgia, and deducted from the salary of the elected judge of said court. In the case of death, resignation, or an absence from his duties in which the judge of said court is unable to appoint a judge pro hac vice, the chief judge of the Superior Court of Muscogee County shall be empowered to appoint the judge of State Court of Columbus, Georgia, to serve as judge pro hac vice of said municipal court until an appointment is made by the Governor. A judge
Page 4447
appointed by the Governor shall serve until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Section 8. (a) In any cause or matter before said court in which the judge is disqualified, the parties in said cause or matter may agree upon a judge pro hac vice who may preside; and in the event the parties in any cause or matter in which the judge is disqualified cannot agree upon a judge pro hac vice, the clerk of said court is authorized to name a judge pro hac vice under the same circumstances as the clerk of the superior court may name a judge pro hac vice and any person acting as judge pro hac vice, whether agreed upon by the parties or appointed by the clerk of the said court, shall receive no compensation. (b) The judge of the State Court of Columbus, Georgia, may be designated by the judge of the municipal court as judge pro hac vice in his stead for the purpose of trying cases and handling matters, civil and criminal, in the municipal court, either simultaneously with or at separate times from the regular judge at the municipal court or other judges pro hac vice. All said judges pro hac vice shall possess the rights and powers vested in the judge of said municipal court for such periods and in such matters as the judge of the municipal court may designate by order. All acts and doings of said judges pro hac vice shall be prima facie presumed to be duly authorized by order of the judge of the municipal court. Section 9. When a vacancy occurs in the office of the clerk or marshal of said court, it shall be the duty of the judge of probate court of Muscogee County to fill such vacancy by appointment for the unexpired term of said clerk or marshal. Section 10. The salary of the judge of said court shall be $25,500.00 per annum and shall be paid in equal monthly installments from the funds of Columbus, Georgia. Any sums received in the form of fees or salary by the judge of municipal court for serving as judge of the Magistrate Court of Muscogee County shall be included in and credited toward said judge's salary so that he will receive no additional compensation. Section 11. The salary of the clerk of the said court shall be $18,000.00 per annum and shall be paid in equal monthly installments
Page 4448
from the funds of Columbus, Georgia. Any sum received by said clerk in the form of fees or salary for serving as clerk of the Magistrate Court of Muscogee County shall be included in and credited toward said clerk's salary so that the clerk will receive no additional compensation. Section 12. The salary of the marshal of said court shall be $16,000.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County and Columbus, Georgia. The marshal shall also receive a maintenance allowance of not less than $528.00 per annum for the purpose of maintaining the marshal's automobile properly to conduct the business of said court. Said maintenance allowance as fixed by the governing authority of Muscogee County and Columbus, Georgia, shall be paid to the marshal in equal monthly installments from the funds of Muscogee County. Any sum received by said marshal in the form of fees or salary for serving in any capacity in Magistrate Court of Muscogee County shall be included in and credited toward said marshal's salary so that the marshal will receive no additional compensation. Section 13. The clerk of said court shall have the power to appoint a deputy clerk or clerks, by and with the approval of the City Council of Columbus, Georgia, as the business of said court may demand and be necessary; and the salary and compensation of such deputy clerk or clerks shall be fixed at such amount as the City Council of Columbus, Georgia, may deem proper and paid by them in equal monthly installments out of the treasury of Columbus, Georgia. Section 14. The marshal of said county shall appoint a deputy marshal or deputy marshals, by and with the approval of the City Council of Columbus, Georgia, for properly conducting the business of said court, as the business of said court may demand. The salary and compensation of such deputy marshal or deputy marshals shall be fixed at such amount as the City Council of Columbus, Georgia, may deem proper and paid by them in equal monthly installments out of the treasury of Columbus, Georgia. Section 15. The judge of said court is clothed with the same powers and authority as are conferred by the Constitution and laws of this state upon a justice of the peace and with such other additional rights, powers, and jurisdiction as are provided by the terms of this Act. The judge of said court shall have the power and authority, under the limitations of this Act, to hear, determine, and dispose of all
Page 4449
causes or cases, civil or criminal, of which said court has jurisdiction; to give judgments and executions thereon, and to hold court from day to day, continuously if necessary, to dispatch the business of said court. The judge of said court shall have the same power to preserve order, to compel obedience to his orders, to inflict summary punishment for contempt, and to enforce the judgment of said court as is given to the judges of the superior courts of this state. However, said judge shall have no power to impose punishment for contempt exceeding a fine of $150.00 or 20 days' confinement in the county jail, or both. In addition to the powers enumerated above in this section, the judge of said court shall have all the powers, prerogatives, and authority of the judges of the superior courts of this state, in matters where the subject matter and amount involved are not beyond the jurisdiction of said court; and upon the trial of any civil case in said court, irrespective of the amount involved, the judge of said court shall have the same powers and authority to grant a nonsuit, order a mistrial, direct a verdict, and to charge the jury and generally, the same powers and authority as are now or hereafter may be conferred upon and exercised by the judges of the superior courts of this state. Section 16. All the requirements and duties and powers and authority imposed by law and conferred upon the clerk and deputy clerk or clerks of Superior Court of Muscogee County and upon the sheriff and his deputies of Muscogee County shall be obligatory upon and shall be vested in the clerk, deputy clerk or clerks, marshal, and deputy marshal or marshals of said court, respectively, so far as said duties may be applicable to said court and except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said court. However, the amount of the bond of the clerk and of the marshal shall be $30,000.00 each, and the annual premiums on such bonds, which are to be approved by the City Council of Columbus, Georgia, are to be paid out of the treasury of Columbus, Georgia. Section 17. It shall be the duty of the judge of said court to arrange with the clerk thereof that either the judge, the clerk, or a deputy clerk shall be continuously in the office of said court from 9:00 A.M. to 5:00 P.M. on all days of the week, Saturdays, Sundays, and holidays excepted; and both the judge and clerk of said court shall at any time, when called upon by any person desiring the same, issue warrants, attachments, and garnishments, as now provided by law, and should either the judge or clerk fail to comply with the provisions of this section, upon information thereof from any citizen of Muscogee County, the Governor shall cite the judge or clerk, or both, to show
Page 4450
cause, after five days' written notice, why either or both should not be removed from office. If, upon investigation, the Governor shall be satisfied that said judge or clerk, or both, has or have failed to comply with the duties imposed by this section, the Governor may, in the exercise of his sound discretion, remove either or both from office; and the vacancy or vacancies thus created shall be filled as provided by law. The marshal of said court shall perform the duties as set out in Section 16 of this Act and the same provisions of this Section 17 applicable to the judge and clerk shall apply to his office; and upon his failure to do so, upon like information, citation, and investigation, as in the case of the judge and clerk of said court, the Governor may, in the exercise of his sound discretion, remove him from office; and the vacancy thus created filled as provided by law. Section 18. It shall be the duty of the judge of said court to see that the officers of said court are diligent in the collection of costs; and the judge shall adopt such measures and rules as he may deem best to carry out this duty. Section 19. The City Council of Columbus, Georgia, shall provide a suitable and convenient place for holding said court and shall provide all necessary books, blanks, stationery, filing cases, and other necessary materials for keeping the dockets, files, and records, and for conducting the business of said court, to be paid for out of the treasury of Columbus, Georgia, and Muscogee County. Section 20. A complete set of the published reports of the Supreme Court and Court of Appeals of the State of Georgia and the Acts of the General Assembly, commencing with the Acts of 1910 and the Official Code of Georgia Annotated, 1982, shall be furnished to the clerk of said court by the state librarian for the use of said court. Section 21. Suits or proceedings in said court shall in all respects be conformable to the mode of procedure in the superior courts of this state, save and except as in this Act excepted. Process to suit or other proceedings shall be annexed by the clerk or one of his deputies, bear attest in the name of the judge thereof, and be directed to and served by the marshal or one of his deputies. All executions, warrants, writs and summary processes of any kind, garnishments, dispossessory warrants, foreclosures of liens on personal property, and other liens issued from said court shall be issued in the name of the judge thereof, signed by the clerk or one of his deputies, and directed to the marshal and his lawful deputies of said court and to all and singular the
Page 4451
sheriffs and deputy sheriffs and lawful constables of this state and shall be executed as provided by law. Section 22. The clerk of said court and the deputy clerks of said court shall have complete power and authority, coexistent and coordinate with the power of the judge of said court under the provisions of this Act, to issue any and all warrants, civil or criminal, summary processes and writs which are issuable as a matter of right; to accept and approve bonds; and to discharge any and all other functions, ministerial in character, which under the laws of this state are now performable by a justice of the peace or a judge of magistrate courts. Section 23. All warrants, summary processes, and writs issuing out of said court shall be returnable to said court, in the same manner and under the same general rules as such are required to be returned to the superior courts or the justice courts of this state, as the case may be. Section 24. Said court shall be a court of record and shall have a seal; and the clerk of said court shall keep accurate minutes and records of all proceedings had in said court and such books and files as are necessary for this purpose. However, the clerk shall not be required to record any pleadings, motions, or other proceedings filed in said court but shall preserve in suitable files all original papers in each case which shall not be removed from said clerk's office; and said clerk shall keep an accurate docket of each case filed in said court, which docket shall be properly indexed, and also an execution docket showing all judgments entered in the same manner as now kept in the Superior Court of Muscogee County. However, such minutes and dockets shall constitute no notice to third parties; and no judgments, executions, or other proceedings in said court shall constitute notice to third parties unless and until such executions issued from said court are recorded on the general execution docket of the Superior Court of Muscogee County. Section 25. The general laws of this state in regard to commencement of actions in the superior courts and defenses thereto of whatever nature, the pleadings, the method of procedure and practice therein, the examination of parties to suits or witnesses, by interrogatories or under subpoena, witnesses and their attendances, continuances, amendments, charge of the court, granting new trials, and other matters of a judicial nature within the jurisdiction of said court shall be applicable to said court, except as otherwise provided in this Act.
Page 4452
Section 26. 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 provided in Section 25 of this Act, shall not be required of parties prosecuting or defending such actions therein. It shall not be required to paragraph either petition or answer, but such suits shall be commenced by summons, which shall be issued in the name of the judge thereof, and signed by the clerk or a deputy clerk, shall be directed to the marshal or his lawful deputies of said court, and shall command the defendant to be and appear at the time and place of trial, which time and place shall be specified in said summons. Said clerk or deputy clerk shall attach a copy of the note, account, or cause of action sued on to said summons at the time the same is issued. All cases in said court, in which the amount involved does not exceed $250.00, whether or not an answer or defense is filed, are triable at the term to which the case is returnable. Suits for such amounts and defenses thereto shall in other respects conform to the procedure now prescribed in justice courts, except as otherwise provided in this Act. Section 27. The terms of said court shall be monthly and held monthly on the second Monday in each month. The judge of said court shall call the appearance docket on the second Tuesday in each term, and in all cases in which no answer has been filed before 12:00 Noon on the first day of said term the judge, on the call of the appearance docket, shall mark the same `in default,' and all cases so marked shall thereby be ready for trial or judgment or both. After rendition of final judgment in the case so marked `in default,' the right of opening such default shall terminate immediately unless, by order of the court or by consent of parties or counsel of record, evidenced by a written stipulation filed with the clerk of said court. In all cases in said court, in which the amount involved is over $100.00, when an answer or defense is filed, such cases shall go over until the next regular term of said court; but any further continuance shall be governed by the laws of Georgia in regard to continuances in the superior courts of this state. Section 28. On the call of the appearance docket, as heretofore provided, all cases ready for trial shall be assigned for trial by the judge of said court on a day within the term to which they are brought, unless continued for good cause. If a case placed on the trial calendar is not disposed of within 180 days from the first day of the term at which it is ready for trial, it may be dismissed by the judge, in the exercise of a sound discretion, without prejudice to a new proceeding and costs taxed against the delinquent party.
Page 4453
Section 29. Jurors shall be provided for said court by the jury pool presently serving the courts of Columbus, Georgia, and Muscogee County, Georgia. Section 30. All laws with reference to the qualification, relation, impaneling, challenging, and compensation of jurors now of force in this state shall apply to and be observed in said court, except where in conflict with the terms of this Act. Section 31. In all jury trials in said court there shall be a jury of six; and from the panel of traverse jurors drawn and summoned from said jury pool plaintiff and defendant shall each be entitled to three peremptory strikes. Section 32. Every civil case in said court shall be tried by the judge thereof, without a jury, unless a written demand for trial by jury is filed in said court by either party or his counsel on or before the day of docket call when said case is set for trial. Upon the failure of either party to demand a trial by jury he shall be held to have waived such right. When neither party demands a trial by jury, the judge of said court shall have the right, on his own motion and within his discretion, to refer any cause involving an issue of fact for trial by jury, in the same manner as if demanded by either party thereto. Section 33. (a) In all cases tried in said court in which the principal sum claimed to be due or the value of the property in controversy does not exceed the sum of $100.00, within five days after the announcement of judgment by the court or upon rendition of the verdict of the jury, either party or his counsel may make a written motion for a new trial, which motion shall be heard at such time as the court in its discretion may set for hearing, not later than 15 days from the announcement of said judgment or rendition of said verdict, unless continued by the court or by the consent or agreement of the parties or their counsel. However, the judge of said court shall have power to grant not more than two new trials in any one such case, and from the judgment granting a new trial there shall be no appeal or review, but the case shall stand for retrial de novo. In all other respects, the same rules shall apply as in motions for new trials in the superior courts of this state. (b) In all cases in which the principal sum claimed, or the value of the property in controversy, exceeds the sum of $100.00, either party or his counsel may make a motion for new trial; and in such
Page 4454
cases the same rules governing motions for new trials in the superior courts of this state shall govern and apply. (c) From all judgments, orders, and rulings in said court, irrespective of the amount involved in any case, except as herein otherwise provided, a direct appeal shall lie to the Court of Appeals or Supreme Court of Georgia, in the same manner and under the same rules and regulations as judgments, orders, and rulings of the superior courts of this state are now reviewed; and the judge of said court shall have the same powers and duties in connection therewith as the judges of the superior courts now or hereafter may have. There shall be no direct appeal from said municipal court to the Superior Court of Muscogee County, Georgia. Section 34. All judgments obtained in said court shall be liens upon the property belonging to the defendant, to the same extent and upon the same conditions as judgments of the superior courts of this state; provided, however, no filing or docketing in said court shall constitute notice to third parties and no execution issued from said court shall constitute notice to third parties, unless and until the same is duly filed on the general execution docket of the appropriate superior court. Section 35. All sales of personal property levied upon under process of said court shall take place at the courthouse door in Muscogee County, the usual place of holding sheriff's sales, during the legal hours of sale, at public outcry, on the Monday next following ten day's advertisement by notice posted in two public places in the City of Columbus, one of which shall be at the courthouse door. Said advertisement shall describe the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales shall be conducted by the marshal of said court or one of his deputies; provided, however, that sales of perishable property and sales on the premises where property is seized may be made as provided by law; and provided, further, that in all cases where real estate is levied upon under a process from said court, the subsequent proceedings shall conform to the laws governing the sale of real estate. Section 36. In all cases, except as hereinafter provided, in which the principal sum claimed or the value of the property in controversy does not exceed the sum of $100.00, the following fees and court costs shall be assessed and collected by the officials of said court:
Page 4455
(1) For filing and docketing each case $ 1.00 (2) For each original summons .50 (3) For each copy of summons .50 (4) For affidavit and bond to obtain attachment and issuing the same 2.70 (5) For settling each case before judgment .50 (6) For each bail trover case, whole costs 3.00 (7) For filing paper in any cause 1.00 (8) For entering up judgment in each case .75 (9) For trial of each litigated case without jury 5.00 (10) For each witness sworn .50 (11) For issuing execution .75 (12) For affidavit to obtain possessory warrant, making out and issuing same 1.25 For trying the same 2.00 (13) For making out interrogatories and certifying same 1.25 (14) For making out recognizances and returning the same to court .50 (15) For each subpoena for witness 1.00 (16) For issuing each distress warrant 2.00 (17) For each affidavit when no case is pending .50 (18) For answering each writ of certiorari to superior court 3.00 (19) For each motion for new trial and order 2.00 (20) For filing brief of evidence and order 2.00 (21) For presiding at trial of forcible entry and detainer 2.00 (22) For presiding at trial of right-of-way 2.00 (23) For presiding at trial of nuisance 1.00 (24) For issuing rules to establish lost papers 1.00 For trying the same .50 (25) For witnessing any paper .50 (26) For affidavit and bond to obtain garnishment 1.50 (27) For issuing summons of garnishment .50 (28) For each additional copy of garnishment .25 (29) For settling each case before judgment .50 (30) For claim affidavit and bond .50 For trying the same .50 (31) For certifying transcript 1.00 (32) For issuing order to sell perishable property 1.00 (33) For each lien foreclosure and docketing the same 2.00 (34) For drawing jury, for each case tried 1.00 (35) For summoning jury, for each case tried 1.00 (36) For trial by jury, each case tried 10.00 (37) For each order issued 1.00 (38) For issuing commission to take interrogatories 3.00 (39) For backing fi. fa. .50 (40) For rule against officer .35 For trying the same .35 For judgment on the same .35 (41) For attachment for contempt against officer of court .50 (42) For issuing dispossessory warrant with summons 4.00 For service of same 4.00 (43) For sale of property the cost allowed as commission shall be 6 1/4 percent (44) For issuing each search warrant 2.00 (45) For serving summons or attachment 2.50 (46) For each return by officer 2.00 (47) For serving each copy of summons 4.00 (48) For summoning each witness 1.50 (49) For marshal or deputy marshal attending court, for each judgment rendered .75 (50) For levying each fi. fa. 2.50 (51) For settling each fi. fa. when property not sold .50 (52) For each search and return nulla bona 2.50 (53) For keeping dog, per day .50 (54) For keeping horse, mule, ox, or ass, per day 1.25 (55) For keeping each head of sheep, goats, or hogs, per day .50 (56) For keeping each head of neat cattle, per day 1.00 (57) For serving rule to establish lost papers .35 For each additional copy .30 (58) For serving each order of court 1.50 For each additional copy .50 (59) For following property out of county, returning, per mile .05 (60) For each advertisement 1.50 (61) For taking bond in civil cases .50 (62) For execution of search warrant .75 (63) For execution of search warrant in house or vessel 3.00 (64) For serving garnishment summons 3.00 For each additional copy 1.00 (65) For removal of tenant from property where it is necessary to remove his property 12.50 (66) For each copy of warrant and summons 1.00 (67) For issuing writ of possession 2.00 Section 37. The fees and costs set out in Section 36 above shall apply to all cases and proceedings, irrespective of the amount involved, except that in all cases or proceedings in which the principal sum claimed or the value of the property in controversy exceeds the sum of $100.00, the fees and costs assessable and collectible by said court and the officials thereof, for the following items, shall be: (1) For filing and docketing each case not exceeding $500.00 $ 2.00 (2) For filing and docketing each case exceeding $500.00 but not in excess of $1,000.00 5.00 (3) For filing and docketing each case exceeding $1,000.00 8.00 (4) For summons and copying each unit for service per 100 words .10 (5) For summons and copy of suit for service after first copy .75 (6) For copying and issuing process 1.00 (7) For issuing each fi. fa. in excess of $500.00, but not in excess of $1,000.00 1.50 (8) For issuing each fi. fa. in excess of $1,000.00 2.00 (9) For each motion for new trial involving in excess of $500.00 but not in excess of $1,000.00 4.00 (10) For each motion for new trial involving in excess of $1,000.00 6.00 (11) For brief of evidence and order in each case in excess of $500.00, but not in excess of $1,000.00 4.00 (12) For brief of evidence and order in each case in excess of $1,000.00 6.00 (13) For settlement of cases in excess of $500.00, but not in excess of $1,000.00 1.50 (14) For each settlement of cases in excess of $1,000.00 3.00 (15) For issuing order to sell property in excess of $500.00, but not in excess of $1,000.00 3.50 (16) For issuing order to sell property in excess of $1,000.00 5.00 (17) For sale of property amounting to over $100.00, the costs allowed as commission shall be the costs allowed the sheriffs of superior court. (18) For levy of each fi. fa. in excess of $500.00, but not in excess of $1,000.00 4.00 (19) For levy of each fi. fa. in excess of $1,000.00 6.00 (20) For copy of bill of exceptions for each case involving in excess of $500.00, but not in excess of $1,000.00 2.50 (21) For copy of bill of exceptions for each case involving in excess of $1,000.00 5.00 (22) For filing exceptions pendente life for each case involving in excess of $500.00 but not over $1,000.00 2.00 (23) For filing exceptions pendente life for each case involving in excess of $1,000.00 4.00 (24) For each bail trover case involving in excess of $500.00, but not in excess of $1,000.00 5.00 (25) For each bail trover case involving in excess of $1,000.00 7.50 In addition to the above costs, there may be assessed in each of those dispossessory warrants in which a money judgment is sought the following schedules of costs:
Page 4463
When the judgment sought is: $100.00 or less $6.75 plus $2.00 for writ More than $100 but not exceeding $500.00 $8.65 plus $2.00 for writ More than $500.00 but not exceeding $1,000.00 $12.00 plus $2.00 for writ More than $1,000.00 but not exceeding $5,000.00 $16.50 plus $2.00 for writ The fees and costs assessed and collectible by said court and those officials thereof in all criminal cases or proceedings shall be as follows: (a) For issuing warrant $ 5.00 (b) For each trial 2.00 (c) For examining each witness .50 (d) For mittimus .50 (e) For issuing subpoena 3.00 (f) For serving each subpoena .50 (g) For each arrest 3.00 (h) For attending trial .50 (i) For taking bond 2.00 (j) For holding prisoner pending examination 1.50 (k) For each waiver of preliminary hearing or trial and entering plea of guilty or nolo contendere 1.50 Other than provided in this Act, the fees and costs in criminal proceedings in said court shall be the same as are now provided by law in criminal cases or proceedings in the justice courts and before justices of the peace of this state; and also, other than provided for in this Act, the fees and costs in all civil cases or proceedings shall be the same as now provided by law in cases or proceedings in the justice courts and before justices of the peace of this state. Section 38. All costs collected by the marshal, deputy marshals, or deputy clerks of said court are to be turned over to the clerk of said court, and all costs collected by the clerk of said court, either from the marshal or from any other source, shall be paid into the treasury of Muscogee County, on the first day of each month in full for the preceding month. All costs collected by the clerk shall be deposited by him in some bank in the City of Columbus designated by the judge of said court, and shall be withdrawn therefrom only on the warrant of the clerk, countersigned by the judge of said court; provided, further, that no judge or other officer of said court shall receive to his own use any fees or perquisite of office. Section 39. All laws and parts of laws in conflict with this Act are repealed; provided, however, that if any section or provision of this Act shall be held unconstitutional or invalid by any court of competent jurisdiction, the corresponding original Acts sought to be changed shall ipso facto and pro tanto stand reenacted and restored and it shall not affect the validity and constitutionality of the remainder of this Act. Section 40. All laws and parts of laws in conflict with this Act are repealed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Apply For Local Legislation. Notice is given that application will be made to Georgia General Assembly 1983 Session for passage of a bill to amend Act establishing
Page 4465
Municipal Court of Columbus, Georgia (Ga. Laws 1952 p. 2184) as amended to increase civil jurisdiction, increase judges, clerks, marshal's salaries, and allow them to serve in same positions in magistrate court; provide for judges pro hac vice; increase comtempt powers; provide rules of pleading, change appearance days; provide for juror selections; and increase court costs. William S. Cain, Jr., Judge, Municipal Court of Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Milton Hirsch, who, on oath, deposes and says that he is Representative from the 96th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: February 1, 8, 15, 1983. /s/ Milton Hirsch Representative, 96th District Sworn to and subscribed before me, this 24th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4466
BALD MOUNTAIN WATER AND SEWER AUTHORITY ACT. No. 458 (House Bill No. 837). AN ACT To create the Bald Mountain Water and Sewer Authority; to authorize the authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize the authority to acquire, construct, operate, and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the election of members of the authority and their tenure of office, qualifications, duties, powers, method of filling vacancies, and compensation; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the cost of such undertaking or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of trust indentures to secure the payment thereof; to define the rights of the holders of such obligations; to provide that no debt of Union County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of refunding bonds; to provide for revenue and jurisdiction of certain actions; to provide for the validation of bonds; to provide for severability; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Short title. This Act shall be known and may be cited as the Bald Mountain Water and Sewer Authority Act.
Page 4467
Section 2 . Bald Mountain Water and Sewer Authority. (a) There is created a body corporate and politic, to be known as the Bald Mountain Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members. The following persons are designated and appointed as members of the Bald Mountain Water and Sewer Authority: (1) Gerald C. Dyer, who shall hold an initial term of office expiring on May 31, 1988; (2) F. C. Collins, who shall hold an initial term of office expiring on May 31, 1987; (3) Archie B. Collins, who shall hold an initial term of office expiring on May 31, 1986; (4) E. L. Cook, who shall hold an initial term of office expiring on May 31, 1985; and (5) Homer G. Nix, who shall hold an initial term of office expiring on May 31, 1984. The initial members of the authority shall enter upon the duties of their office on the effective date of this Act and shall serve until the expiration of their respective terms of office or until their successors are duly elected and qualified. During the month of May, 1983, and in the month of May of each year thereafter, a meeting of those persons, firms, corporations, companies, and organizations who use the facilities of the authority shall be called by the authority for the purpose of electing successors to those members whose terms expire in such year. Said meeting shall be called and conducted as hereinafter prescribed. Except as otherwise provided herein, each member elected by the users of the system shall enter upon the duties of this office on May 31 immediately following his election and shall serve for a term of office of five years and until his successor is duly elected and qualified. Members of the authority shall serve without compensation but shall be reimbursed for their actual expenses necessarily incurred in the
Page 4468
performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the authority. (c) To be eligible for election as a member of the authority a person shall be at least 21 years of age, a resident of Union County for at least two years prior to the date of his election, shall not have been convicted of a felony, and at the time of election shall be a user of the facilities of the authority. The provisions of this subsection shall not apply to the initial members of the authority appointed under the provisions of this section. (d) The members of the authority shall elect one of their number as chairman, another as vice-chairman and may also elect a secretary and treasurer or a secretary or a treasurer, who need not be a member of the authority. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) Should the initial term of any member of the authority expire before there are any users of the facilities, the remaining members of the authority shall elect, by majority vote, a person who is otherwise duly qualified as a member of the authority to serve until the first annual meeting of the users. In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the authority shall elect, by majority vote, a qualified person to fill the vacancy until the next annual election by the users of the system, at which time the users of the system shall elect a qualified person to fill the remaining unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony, who moves his residence from Union County or from any adjoining county into which the project has been extended by the authority, or who is indicted or charged with any act of misfeasance, malfeasance, or nonfeasance by the Union County grand jury, acting in its sole discretion. If, for any reason whatsoever, the users of the system shall fail to elect a member at any annual meeting to replace a member
Page 4469
whose term expires, the remaining members of the authority shall elect, by majority vote, a duly qualified person as a member of the authority to serve until the next annual meeting of the users. (g) Annual meetings of the users of the facilities of the authority shall be held in May of each year. Such annual meeting shall be called by the authority, after notice thereof has been published in the newspaper in Union County in which the sheriff's advertisements are published, at least ten days prior to the date of such meeting. The authority is authorized to promulgate and adopt rules and regulations providing for the method and procedures for holding such annual meetings and elections. (h) The authority shall have a complete audit of its financial condition made at least once in each calendar year by a certified public accountant. Such audit shall remain on file at the office of the authority for public inspection. Section 3 . Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) The word authority shall mean the Bald Mountain Water and Sewer Authority. (2) The term cost of the project shall mean and embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during the construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) The word project shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply within or without the territorial boundaries of Union
Page 4470
County, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and without the territorial boundaries of Union County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking. The word project shall also mean and include the acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial, the treatment of such waste including the acquisition and construction of treatment plants, lagoons, without and within the territorial boundaries of Union County, and the operation, maintenance, additions, improvements, and extensions of such facilities deemed necessary by the authority to be necessary or convenient for the efficient operation of a sanitary and storm sewer system. (4) The terms revenue bonds and bonds as used in this Act shall mean revenue certificates as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A. as now or hereafter amended, known as the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority, therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving, or extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 4 . Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
Page 4471
(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. In any condemnation proceedings such orders may be made by the court having jurisdiction of suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment of the reasonable value of such lands to the state treasurer for the credit of the general fund of the state. Such value shall be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents and attorneys, and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction or projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and related
Page 4472
services and facilities by the authority to such municipal corporations and counties or for the purchase of water by the authority therefrom for a term not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or grants from the United States or any agency or instrumentality thereof; (7) To accept loans and/or grants of money, materials, or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may require; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, provided the same is not in conflict with the Constitution and laws of this state; and (10) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5 . Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have the power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the authority, in a sum not to exceed $4,000,000.00 outstanding at any one time, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding 9 percent per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of
Page 4473
payment as to both principal and interest as may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6 . Same; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7 . Same; signatures; seal. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be fixed thereto and attached by the secretary of the authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 8 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument laws of this state. Such bonds and the income thereof shall be exempt from all taxation within the state. Section 9 . Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money
Page 4474
received therefor at more than 9 percent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation, the amount of any premium to be paid on redemption of any bond prior to maturity. Section 10 . Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund, hereinafter provided, for the payment of principal and interest of such bonds. Section 11 . Same; interim receipts and certificates of temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12 . Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Section 13 . Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and shall be published in the official newspaper for Union County one time within a week of its being adopted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
Page 4475
Section 14 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Union County or a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15 . Same; trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders 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.
Page 4476
Section 16 . Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person, who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17 . Same, sinking funds. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds not pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, exce[UNK]pt as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 18 . Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all
Page 4477
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 authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20 . Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Union 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 procedures of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for services and facilities of the water system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality contacting with the said Bald Mountain Water and Sewer Authority.
Page 4478
Section 22 . Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties of existence of said authority, or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the 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 auhtority to such an extent as to affect adversely the rights and interest of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether all proceeds from the sale of revenue bonds, as grants, or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24 . Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to the various townships and citizens in Union County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial, but such general purpose shall not restrict the authority from selling and delivering water direct to consumers in those areas where there does not exist water distribution systems or furnishing sewer facilities to such consumers, and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The authority shall also have authority, where it deems it feasible, to sell its products and services to consumers, governmental agencies or governmental instrumentalities of adjoining states, provided the laws of the adjoining states do not prohibit or tax said activity. The authority shall not have the authority to construct water lines for the distribution of water directly to consumers within any water district or municipality without first obtaining the express written consent of the appropriate governing bodies of the above-referred to water districts or municipalities.
Page 4479
Section 25 . Rates, charges and revenues; use. The authority is authorized to prescribe, fix, and collect rates, fees, tolls, or charges, and to revise from time to time and collect such rates, fees, tolls, or charges, for the services, facilities, or commodities furnished, and in anticipation of the collection of the revenues of such undertakings or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the water and sewer utility system, and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 26 . Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water and sewer service and facilities shall be furnished. Section 27 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. Section 28 . Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes thereof. Section 29 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 30 . Effect on other governments. This Act does not in any way take from Union County or any municipality located therein
Page 4480
or any adjoining county the authority to own, operate, and maintain water or sewer systems or issue revenue certificates as is provided by the Revenue Bond Law of Georgia. Section 31 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 32 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly, 1983, a bill to create the Bald Mountain Water and Sewer Authority, so as to provide water and sewage for those local residence to be located within areas of Union County, Georgia, and for such other purposes as may be fit and proper. This the 1st day of January, 1983. Robbie Colwell Attorney for Bald Mountain Water Sewer Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the
Page 4481
official organ of Union County, on the following dates: February 3, 10, 17, 1983. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me, this 24th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. FORSYTH COUNTYELECTION DISTRICTS FOR MEMBERS OF BOARD OF EDUCATION CHANGED. No. 459 (House Bill No. 578). AN ACT To change the composition of the districts from which members of the board of education of Forsyth County are elected; 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 . (a) After the effective date of this Act, members of the Forsyth County board of education shall be elected from the education districts specified in this Act, but in all other respects the election of said members shall continue to be governed by that constitutional amendment which is set out at Ga. L. 1964, p. 975.
Page 4482
(b) The education districts for the election of board members shall be as follows: Education District No. 1 Start at the point at which the centerline of Georgia Highway 20, Road Number F54-1, crosses the centerline of the Chattahoochee River; thence in a general northwesterly direction along the centerline of Georgia Highway 20, Road F54-1, to a point at which the centerline of Georgia Highway 20 intersects the centerline extension of Nuckols Road, Road Number 454; thence in a general northeasterly direction along the centerline of Nuckols Road, Road Number 454, to a point at which the centerline extension of Nuckols Road intersects the centerline of Buford Dam Road, Road Number 85; thence in a general westerly direction along the centerline of Buford Dam Road, Road Number 85, to a point at which the centerline of Buford Road intersects the centerline extension of Sanders Road, Road Number 86; thence in a general northerly direction along the centerline of Sanders Road, Road Number 86, to a point at which said centerline intersects the centerline of a creek flowing from Lake Alice into Lake Sidney Lanier; thence in a general easterly direction along the centerline of said creek to a point at which said creek flows into Lake Sidney Lanier and thence in a general northerly direction along the shoreline of Lake Sidney Lanier and following the meanderings thereof to a point at which said shoreline intersects the centerline of Baldridge Creek; thence in a general northwesterly direction along the centerline of Baldridge Creek to a point at which said centerline intersects the centerline of Pilgrim Mill Road, Road Number 97; thence in a general southwesterly direction along the centerline of Pilgrim Mill Road, Road Number 97, to a point at which the centerline of said Pilgrim Mill Road intersects the city limits boundary of the City of Cumming; thence in a general westerly, northerly, westerly, northerly, and westerly direction along the city limits of the City of Cumming to a point at which said city limits intersects the centerline of Georgia Highway Number 9, Road Number F114-1; thence in a general northeasterly direction along the centerline of Georgia Highway Number 9, Road Number F114-1, to a point at which said centerline intersects the centerline extension of Dunn Road, Road Number 202; thence in a general westerly direction along the centerline of Dunn Road, Road Number 202, to a point at which the centerline extension of Dunn Road intersects the centerline of Bettis Gap Road, Road Number 201; thence in a general northwesterly direction along the centerline of Bettis Gap Road, Road Number 201,
Page 4483
to a point at which the centerline extension of Bettis Gap Road, Road Number 201, intersects the centerline of an unnamed road (known as Spot Road, Road Number 276); thence in a general southwesterly direction along the centerline of an unnamed road (known as Spot Road, Road Number 276), to a point at which the centerline extension of said Spot Road intersects the centerline of an unnamed road (known as Bramblett Road), Road Number S1678, Road Number 452; thence in a general southerly direction along said Bramblett Road, Road Number S1678, Road Number 452, along the centerline thereof to a point at which the centerline extension thereof intersects the centerline of Georgia Highway 20 West, Road Number F54-1; thence in a general southeasterly direction along the centerline of Georgia Highway 20, Road Number F54-1, to a point where said centerline intersects the centerline of Mountain Creek; thence in a general westerly and southwesterly direction along the centerline of said Mountain Creek to a point at which said centerline intersects the centerline of Road Number 455 (known as Bethelview Road); thence in a southeasterly direction along the centerline of said Road Number 455 (known as Bethelview Road) to a point at which said centerline intersects the centerline of Kelley Mill Road, Road Number 5; thence in a general easterly direction along the centerline of Kelley Mill Road, Road Number 5, to a point at which said centerline intersects the centerline of Kelly Mill Branch; thence in a general southwesterly direction along the centerline of Kelly Mill Branch to a point at which said centerline intersects the centerline extension of Sawmill Branch; thence in a general southeasterly direction along the centerline of Sawmill Branch, crossing under Castleberry Road, Road Number 11, to a point at which Sawmill Branch flows into an unnamed lake; thence in a southeasterly and easterly direction along the general southern shoreline of said unnamed lake to a point at which Sawmill Branch enters said lake; thence in a general southerly direction along the centerline of Sawmill Branch to a point at which the centerline of Sawmill Branch intersects the centerline of Georgia Highway Number 9, Road Number S1336, Road Number F114-1; thence in a general southwesterly direction along the centerline of Georgia Highway Number 9, Road Number S1336, Road Number F114-1, to a point at which the centerline of Georgia Highway Number 9 intersects the centerline extension of Georgia Highway 141, Road Number F104-1; thence in a general southerly direction along the centerline of Georgia Highway Number 141, Road Number F104-1 to a point at which said centerline intersects the centerline extension of Brannon Road, Road Number 18; thence in a general southeasterly direction along the centerline of Brannon Road, Road Number 18, to a point at
Page 4484
which the centerline extension of Brannon Road intersects the centerline of Old Atlanta Road, Road Number S1285, Road Number 450; thence in a general southeasterly direction along the centerline of Old Atlanta Road, Road Number S1285, Road Number 450, to a point at which said centerline intersects the centerline extension of Daves Creek Road, Road Number 78; thence in a general southeasterly direction along the centerline of Daves Creek Road, Road Number 78, to a point at which the centerline extension thereof intersects the centerline of Trammell Road, Road Number 75; thence in a general southwesterly direction along the centerline of Trammell Road, Road Number 75, to a point at which said centerline intersects the centerline of Daves Creek; thence in a general southeasterly and southerly direction along the centerline of Daves Creek, and following the meanderings thereof, to a point at which said centerline intersects the centerline of James Creek; thence in a general southerly and easterly direction along the centerline of James Creek crossing under Burgess Road, Road Number 450, to a point at which the centerline extension of said James Creek intersects the centerline of the Chattahoochee River; thence in a general northeasterly direction along the centerline of Chattahoochee River to a point at which said centerline intersects the centerline of Georgia Highway Number 20, Road Number F54-1, the point of beginning. Education District No. 2 Start at a point at which the centerline of Road Number S2564, Road Number 283, intersects the western boundary of Forsyth County, the common boundary between Forsyth County and Fulton County; thence in a general southeasterly and southerly direction along the centerline of Road Number S2564, Road Number 283, to a point at which the centerline extension thereof intersects the centerline of Strickland Road, Road Number 43; thence in a general southerly direction along the centerline of Strickland Road, Road Number 43, to a point at which the centerline extension of Strickland Road, Road Number 43, intersects the centerline extension of Strickland Road, Road Number 43, intersects the centerline of Road Number 283, Road Number S2564; (the following courses along Road Number S2564 being along and with the southern boundary of Forsyth County which is the common boundary between Forsyth County and Fulton County) thence in a general easterly direction along the centerline of Road Number 283, Road Number S2564, to a point at which the centerline extension thereof intersects the centerline of Union Hill Road, Road Number 456, Road Number S2564; thence in a general easterly direction along the centerline of Union Hill Road, Road
Page 4485
Number 456, Road Number S2564, to a point at which said Road becomes McGinnis Ferry Road, Road Number 458; thence in a general southeasterly direction along the centerline of McGinnis Ferry Road, Road Number 458, Road Number S2564, to a point at which the centerline extension thereof intersects the centerline of the Chattahoochee River; thence in a general northerly direction along the centerline of the Chattahoochee River, and following the meanderings thereof, such centerline being the eastern boundary of Forsyth County, the common boundary between Forsyth County and Gwinnett County, to a point at which said centerline intersects the centerline extension of James Creek; thence in a general westerly direction along the centerline of James Creek to a point at which said centerline intersects the centerline extension of Daves Creek; thence in a general northwesterly direction along the centerline of Daves Creek to a point at which said centerline intersects the centerline of Trammell Road, Road Number 75; thence in a northeasterly direction along the centerline of Trammell Road, Road Number 75, to a point at which said centerline intersects the centerline extension of Daves Creek Road, Road Number 78; thence in a general westerly direction along the centerline of Daves Creek Road, Road Number 78, to a point at which said centerline extension intersects the centerline of Old Atlanta Road, Road Number S1285, Road Number 450; thence in a general northwesterly direction along the centerline of Old Atlanta Road, Road Number S1285, Road Number 450, to a point at which said centerline intersects the centerline extension of Brannon Road, Road Number 18; thence in a general westerly direction along the centerline of Brannon Road, Road Number 18, to a point at which the centerline extension thereof intersects the centerline of Georgia Highway 141, Road Number F104-1; thence in a northerly direction along the centerline of Georgia Highway 141, Road Number F104-1, to a point at which the centerline extension thereof intersects the centerline of Georgia Highway Number 9, Road Number F114-1; thence in a general westerly direction along the centerline of Georgia Highway 9, Road Number F114-1, to a point at which said centerline intersects the centerline extension of Moore Road, Road Number 34; thence in a general westerly direction along the centerline of Moore Road, Road Number 34, to a point at which said centerline intersects the western boundary of Forsyth County, the common boundary between Forsyth County and Fulton County; thence in a southerly direction along the western boundary of Forsyth County to a point at which the boundary intersects the centerline of an unnamed road, Road Number S2564, Road Number 283, the point of beginning.
Page 4486
Education District No. 3 Start at the point of intersection of the centerline of Moore Road, Road Number 34, with the western boundary of Forsyth County, the common boundary between Forsyth County and Fulton County; thence in a general easterly direction along the centerline of Moore Road, Road Number 34, to a point at which the centerline extension thereof intersects the centerline of Georgia Highway 9, Road Number F114-1; thence in a general easterly and northeasterly direction along the centerline of Georgia Highway 9, Road Number F114-1, to a point at which said centerline intersects the centerline of Sawmill Branch; thence in a general northerly direction along the centerline of Sawmill Branch to a point at which said branch flows into an unnamed lake; thence in a general westerly and northwesterly direction along the southern shoreline of said unnamed lake to a point at which said Sawmill Branch exits from said unnamed lake; thence in a general northwesterly direction along the centerline of Sawmill Branch flowing under Castleberry Road, Road Number 11, to a point at which the centerline extension thereof intersects the centerline of Kelly Mill Branch; thence in a general northeasterly direction along the centerline of Kelly Mill Branch to a point at which said centerline intersects the centerline of Kelly Mill Road, Road Number 1; thence in a general westerly direction along the centerline of Kelley Mill Road, Road Number 1, changing to Road Number 5, to a point at which said centerline intersects the centerline of Road Number 455 (known as Bethelview Road); thence in a northerly direction along the centerline of Road Number 455 (known as Bethelview Road) to a point at which said centerline intersects the centerline of Mountain Creek; thence in a general northeasterly direction along the centerline of Mountain Creek to a point at which said centerline intersects the centerline of Georgia Highway Number 20, Road Number F54-1; thence in a general northwesterly direction along the centerline of Georgia Highway Number 20, Road Number F54-1, to a point at which said centerline intersects the centerline extension of Bramblett Road, Road Number S1678, Road Number 452; thence in a general northerly direction along the centerline of Bramblett Road, Road Number S1678, Road Number 452, to a point at which said centerline intersects the centerline extension of an unnamed road (known as Spot Road, Road Number 276); thence in a general northeasterly direction along the centerline of an unnamed road (known as Spot Road, Road Number 276), to a point at which said centerline intersects the centerline extension of Chadwick Road, Road Number 232; thence in a generally northerly and northeasterly direction along the
Page 4487
centerline of said Road Number 232 (Chadwick Road continuing as Bramblett Road) to a point at which said centerline intersects the centerline of an unnamed road, Road Number 245; thence in a northeasterly direction along the centerline of said Road Number 245 to a point at which said centerline intersects the centerline of Thalley Creek; thence in a generally northwesterly direction along the centerline of Thalley Creek to a point at which the centerline extension thereof intersects with the centerline of Settingdown Creek; thence in a general westerly direction along the centerline of Settingdown Creek, following the meanderings thereof, and crossing under Bramblett Road, Road Number S1678, Road Number 452, to a point at which the centerline of Settingdown Creek intersects with the centerline of Burnt Bridge Road, Road Number 271; thence in a general northerly direction along the centerline of Burnt Bridge Road, Road Number 271, to a point at which the centerline extension thereof intersects the centerline of Wallace Tatum Road, Road Number 270; thence in a general westerly direction along the centerline of Wallace Tatum Road, Road Number 270, said road becoming Road Number 269 for a portion thereof, until a point at which the centerline of Wallace Tatum Road intersects the centerline of Hurt Bridge Road, Road Number 451; thence in a general southwesterly direction along the centerline of Hurt Bridge Road, Road Number 451, to a point at which said centerline intersects the centerline of Settingdown Creek; thence in a general westerly direction along the centerline of Settingdown Creek, and following the meanderings thereof, to a point at which the centerline of Settingdown Creek intersects the western boundary of Forsyth County, the common boundary between Cherokee County and Forsyth County; thence in a southerly direction along the western boundary of Forsyth County, the common boundary between Forsyth County and Cherokee County, which then becomes the common boundary between Forsyth County and Fulton County, to a point at which the western boundary of Forsyth County intersects the centerline of Moore Road, Road Number 34, the point of beginning. Education District No. 4 Start at the point at which the centerline of Settingdown Creek intersects the western boundary of Forsyth County, the common boundary between Forsyth County and Cherokee County; thence in a northerly direction along the western boundary of Forsyth County, the boundary common between Forsyth County and Cherokee County to a point representing the northern terminus
Page 4488
thereof, such point being the southern terminus of the common boundary between Dawson County and Cherokee County; thence in an easterly direction along the northern boundary of Forsyth County, the common boundary between Forsyth County and Dawson County, to a point at which the extension thereof intersects the ancient bed of the Chattahoochee River, the historic boundary between Forsyth County and Hall County now a part of Lake Sidney Lanier; thence in a general southeasterly direction along the centerline of the ancient Chattahoochee River to a point at which said centerline intersects the centerline of Georgia Highway 53, Road Number F65-3; thence in a southwesterly and northwesterly direction along the centerline of Georgia Highway 53, Road Number F65-3, to a point at which said centerline intersects the centerline extension of Westbrook Road, Road Number 226; thence in a westerly and southerly direction along the centerline of Westbrook Road, Road Number 226, to a point at which the centerline extension thereof intersects the centerline of Jot'em Down Road, Road Number 171; thence in a general westerly direction along the centerline of Jot'em Down Road, Road Number 171, to a point at which said centerline intersects the centerline extension of Road Number 162; thence in a general southerly direction along the centerline of Road Number 162 to a point at which said centerline is intersected by the centerline extension of Road Number 163; thence in a general southwesterly direction along the centerline of Road Number 163 to a point at which said centerline intersects the centerline extension of Cantrell Road, Road Number 161; thence in a general westerly and southerly direction along the centerline of Cantrell Road, Road Number 161, to a point at which the centerline extension thereof intersects the centerline of Georgia Highway 306, Road Number S862; thence in a general southwesterly direction along the centerline of Georgia Highway 306, Road Number S862 to a point at which the centerline thereof intersects the right-of-way centerline of Georgia Highway 400, U.S. Highway 19, Road Number F56-1; thence in a general southwesterly direction along the right-of-way centerline of Georgia Highway 400, U.S. Highway 19, Road Number F56-1, to a point at which said centerline intersects the centerline of Pilgrim Mill Road, Road Number S2884, Road Number 97; thence in a general southwesterly directional along the centerline of Pilgrim Mill Road, Road Number S2884, Road Number 97, to a point at which said centerline is intersected by the city limits of the City of Cumming; thence in a westerly, northerly, westerly, northerly, and westerly direction along the boundary line of the city limits of the City of Cumming to a point at which said boundary intersects the centerline of Georgia Highway Number 9, Road Number S1336; thence in a
Page 4489
general northerly direction along the centerline of Georgia Highway 9, Road Number S1336, to a point at which said centerline is intersected by the centerline extension of Dunn Road, Road Number 202; thence in a general westerly direction along the centerline of Dunn Road, Road Number 202, to a point at which the centerline extension thereof intersects the centerline of Bettis Gap Road, Road Number 201; thence in a general northwesterly direction along the centerline of Bettis Gap Road, Road Number 201, to a point at which the centerline extension thereof intersects the centerline of an unnamed road (known as Spot Road, Road Number 276); thence in a general southwesterly direction along the centerline of an unnamed road (known as Spot Road, Road Number 276), to a point at which said centerline intersects the centerline extension of Chadwick Road, Road Number 232; thence in a northerly direction along the centerline of said Road Number 232 (Chadwick Road continuing as Bramblett Road) to a point at which said centerline intersects the centerline of an unnamed road, Road Number 245; thence in a northeasterly direction along the centerline of said Road Number 245 to a point at which said centerline intersects the centerline of Thalley Creek; thence in a generally northwesterly direction along the centerline of Thalley Creek to a point at which the centerline extension thereof intersects with the centerline of Settingdown Creek; thence in a general northwesterly and westerly direction along the centerline of Settingdown Creek to a point at which said centerline intersects with the centerline of Burnt Bridge Road, Road Number 271; thence in a general northerly direction along the centerline of Burnt Bridge Road, Road Number 271, to a point at which the centerline extension thereof intersects with the centerline of Wallace Tatum Road, Road Number 270; thence in a general westerly direction along the centerline of Wallace Tatum Road, Road Number 270, becoming Road Number 269, to a point at which said centerline intersects with the centerline of Hurt Bridge Road, Road Number 451; thence in a general southwesterly direction along the centerline of Hurt Bridge Road, Road Number 451, to a point at which said centerline intersects the centerline of Settingdown Creek; thence in a general westerly direction along the centerline of Settingdown Creek, and following the meanderings thereof, to a point at which Settingdown Creek intersects the western boundary of Forsyth County, the common boundary between Forsyth County and Cherokee County, the point of beginning.
Page 4490
Education District No. 5 Start at the intersection of the centerline of Georgia Highway 20, Road Number F54-1, with the centerline of the Chattahoochee River; thence in a general northwesterly direction along the centerline of Georgia Highway 20, Road Number F54-1, to a point at which said centerline intersects the centerline extension of Nuckols Road, Road Number 454; thence in a general northeasterly direction along the centerline of Nuckols Road, Road Number 454, to a point at which the centerline extension thereof intersects the centerline of Buford Dam Road, Road Number 85, Road Number S2347; thence in a general westerly direction along the centerline of Buford Dam Road, Road Number 85, Road Number S2347, to a point at which said centerline intersects the centerline extension of Sanders Road, Road Number 86; thence in a northerly direction along the centerline of Sanders Road, Road Number 86, to a point at which said centerline intersects the centerline of a creek running from Lake Alice to Lake Sidney Lanier; thence in a general easterly direction along the centerline of said creek to a point at which said creek enters Lake Sidney Lanier; thence in a general northerly direction along the shoreline of Lake Sidney Lanier and following the meanderings thereof to a point at which Baldridge Creek flows into Lake Sidney Lanier; thence in a general northerly direction along the centerline of Baldridge Creek to a point at which said centerline intersects the centerline of Pilgrim Mill Road, Road Number 97, Road Number S2884; thence in a general westerly direction along the centerline of Pilgrim Mill Road, Road Number 97, Road Number S2884, to a point at which said centerline intersects the right-of-way centerline of Georgia Highway 400, U.S. Highway 19, Road Number F56-1; thence in a general northeasterly direction along the right-of-way centerline of Georgia Highway 400, U.S. Highway 19, Road Number F56-1, to a point at which said right-of-way centerline intersects the centerline of Georgia Highway 306, Road Number S862, Road Number F12-1; thence in a general northeasterly direction along the centerline of Georgia Highway 306, Road Number S862, Road Number F12-1, to a point at which said centerline intersects the centerline of Cantrell Road, Road Number 161; thence in a general northerly and easterly direction along the centerline of Cantrell Road, Road Number 161, to a point at which the centerline extension thereof intersects the centerline of Road Number 163; thence in a general northeasterly direction along the centerline of Road Number 163 to a point at which the centerline extension thereof intersects the centerline of Road Number 162; thence in a general northerly direction along the centerline of Road
Page 4491
162 to a point at which the centerline extension thereof intersects the centerline of Jot'em Down Road, Road Number 171; thence in a general easterly direction along the centerline of Jot'em Down Road, Road Number 171, to a point at which the centerline thereof intersects the centerline extension of Westbrook Road, Road Number 226; thence in a general northerly and easterly direction along the centerline of Westbrook Road, Road Number 226, to a point at which the centerline thereof intersects the centerline of Georgia Highway 53, Road Number F65-3; thence in a general southeasterly and northeasterly direction along the centerline of Georgia Highway 53, Road Number F65-3, to a point at which said centerline intersects the centerline of the ancient bed of the Chattahoochee River, now a part of Lake Sidney Lanier, the eastern boundary of Forsyth County and the common boundary between Forsyth County and Hall County; thence in a general southeasterly and southwesterly direction along the ancient bed of the Chattahoochee River, the centerline thereof forming the common boundary between Forsyth County and Hall County, traversing Buford Dam and continuing along the centerline of the Chattahoochee River, the eastern boundary of Forsyth County and the common boundary between Forsyth County and Gwinnett County, to a point at which said centerline intersects the centerline of Georgia Highway Number 20, Road Number F54-1, the point of beginning. The above descriptions of education districts of the Political Subdivision of Forsyth County, State of Georgia, are derived from the GENERAL HIGHWAY MAP, FORSYTH COUNTY, GEORGIA, PREPARED BY THE DEPARTMENT OF TRANSPORTATION, DIVISION OF PLANNING AND PROGRAMMING, PLANNING DATA SERVICES, dated 1982, showing a last revision date of August 27, 1982, and bearing thereon the numerical designation 117/058, which map is incorporated herein for a more particular description of the education district boundaries hereinabove set forth. The designation `Mountain Creek' referenced in the descriptions hereinabove set forth does not appear on said General Highway Map, and is derived from a resolution of the Board of Commissioners of Forsyth County, adopted February 14, 1983, and appearing on the minutes of said Board of Commissioners of Forsyth County, Georgia. (c) If any portion of the Forsyth County School District is not included in any of the education districts described in subsection (b) of this section, then such portion shall be a part of the adjacent education district which has the least population according to the United States decennial census of 1980.
Page 4492
Section 2 . This Act shall become effective July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, legislation to change the composition of the districts from which members of the board of education of Forsyth County are elected; to provide for all related matters; to repeal conflicting laws; and for other purposes. This 20th day of December, 1982. Bill H. Barnett Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, 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 Forsyth County News which is the official organ of Forsyth County, on the following dates: December 22, 29, 1982 and January 5, 1983. /s/ Bill H. Barnett Representative, 10th District
Page 4493
Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. COLUMBUS, GEORGIATORT LIABILITY REDEFINED. No. 460 (House Bill No. 508). AN ACT To amend an Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., Sept.-Oct., p. 2007), as amended, so as to redefine the tort liability of the government; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., Sept.-Oct., p. 2007), as amended, is amended by striking Section 8-202, relating to tort liability, in its entirety and inserting in lieu thereof a new Section 8-202 to read as follows: 8-202. Tort Liability. The tort liability, expressly including liability based on a theory of nuisance, of the consolidated government shall be the tort liability applicable to counties. Such tort liability shall be uniform throughout the territorial limits of the consolidated government.
Page 4494
Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1983, for the passage of an Act amending the Charter of Columbus, Georgia, so as to define tort and nuisance liability for Columbus, Georgia by making the rules governing county governments in Georgia for such liability applicable throughout the territorial limits of Columbus, Georgia. E. H. Polleys, Jr. City Attorney, Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: December 9, 16, 23, 1982. /s/ Thomas B. Buck, III Representative, 95th District
Page 4495
Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. RICHMOND COUNTY SHERIFF'S MERIT SYSTEM BOARD CREATEDPOWERS, DUTIES, RESPONSIBILITIES, ETC. No. 461 (House Bill No. 449). AN ACT To provide for and create a merit system of employment and personnel administration for employees of the sheriff in Richmond County; to provide definitions; to create the Richmond County Sheriff's Merit System Board; to provide for the membership of the board; to provide for the powers, duties, and responsibilities of the board; to provide exceptions; to provide for policies and procedures; to provide procedures for the carrying out of the board's functions; to provide for hearings and procedures; to provide for expenses of the board; to provide certain rights for chief deputies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the term: (1) `Board' means the Richmond County Sheriff's Merit System Board created by this Act.
Page 4496
(2) (A) `Employee' means any employee, except as provided in subparagraph (B) of this paragraph, of the sheriff of Richmond County including, but not limited to, deputy sheriffs. (B) `Employee' shall not include any member of the sheriff's department with the rank or position of chief deputy or above and shall not include the personal secretary of the sheriff. (3) `Employer' means the sheriff of Richmond County. Section 2 . (a) There is created and established a merit system of employment and personnel administration for employees of the sheriff's department of Richmond County, which shall be governed by the Richmond County Sheriff's Merit System Board. (b) All employees shall be placed under a merit system of employment and personnel administration. Section 3 . (a) The board shall be composed of seven members as follows: (1) Three citizens of Richmond County who shall be appointed by the governing authority of Richmond County. (2) Three citizens of Richmond County who shall be appointed by the members of the General Assembly who represent Richmond County. (3) One citizen of Richmond County appointed by the governing authority of Richmond County from a list of three persons submitted by the members of the General Assembly who represent Richmond County. No person shall be appointed under this paragraph unless such person has at least four years' experience in personnel management or its equivalent. (b) Initial members appointed by Richmond County shall be appointed for terms of one year, two years, and three years; and initial members appointed by the members of the General Assembly shall be appointed for terms of one year, two years, and three years. The initial member appointed by the governing authority from the list of three persons shall be appointed for a term of three years. Thereafter,
Page 4497
members shall be appointed for terms of three years. No appointed member of the board shall hold any public office and no appointed member shall be a public employee. Five members of the board shall constitute a quorum for the purpose of conducting business. (c) The member appointed by the governing authority from the list of three persons submitted by the members of the General Assembly shall be the initial chairman of the board and shall serve as chairman for a term of two years and until his successor is selected and qualified. Thereafter, the board shall, every two years, select a chairman from among its members who shall serve until his successor is selected and qualified. (d) Vacancies on the board shall be filled in the same manner and by the same authority which appointed the member whose position has become vacant. The member so appointed shall serve for the unexpired term. (e) Any member of the board who does not attend three consecutive meetings of the board shall be deemed to have vacated his position and the appointing authority shall fill such vacancy for the unexpired term. The board may excuse any absence, in which case no vacancy shall occur. Section 4 . It shall be the duty, function, and responsibility of the board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the board shall be held in offices provided therefor by the governing authority of Richmond County. The governing authority of said county is authorized to provide necessary clerical assistance to the board and may use the employees of the Personnel Office of the governing authority of Richmond County to provide such assistance. Said board shall hold regular meetings at least once a month and may hold additional meetings as may be required for the proper discharge of its duties. Section 5 . All employees, as defined in this Act, shall be subject to the full provisions of this Act and shall come under the jurisdiction of the board. Section 6 . The duties and functions of the board shall be as follows:
Page 4498
(a) To hold public hearings regarding proposed merit system policies and procedures and standards of the merit system and thereafter to adopt policies and procedures and standards effectuating the merit system established under this Act. Such policies and procedures shall include provisions for the conduct of examinations for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional policies and procedures as may be deemed to be in the best interest of impartial selection of efficient personnel. Such policies and procedures shall prohibit political activity by any employee covered by the merit system or the board. The policies and procedures may provide for the establishment of a register of persons eligible for appointment under the merit system. Said policies and procedures when proposed by the board as aforesaid and approved and adopted by the board shall be binding upon all employers and employees. (b) To conduct hearings and render decisions on charges preferred against employees of the sheriff's department included in said merit system and to hear appeals from any employee who claims to have been improperly dismissed. (c) The board shall keep and maintain an accurate record of minutes, and the governing authority of Richmond County shall provide clerical assistance to maintain such records. (d) Said board shall be authorized to make amendments, additions to, and changes in said policies and procedures from time to time and, when said amendments, changes, or additions are adopted, said amendments shall be binding on all parties affected by said merit system. (e) The authority and jurisdiction of the board shall be limited to those areas enumerated in subsection (a) of this section and shall not extend to matters relating to compensation; workers' compensation; insurance; pension and retirement plans and benefits; sick leave; vacation; leaves of absence; military leaves; regulations of the sheriff pertaining to firearms, uniforms, officers-in-charge, preventive maintenance, safe driving techniques, and duty requirements; and holidays for employees.
Page 4499
(f) The authority and jurisdiction of the board shall not extend to any matter relating to law enforcement duties or other duties which the sheriff is required by law to perform. Section 7 . No employee who has been brought under the merit system pursuant to this Act may be dismissed from employment except for good cause and in accordance with policies and procedures of the board. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the policies and procedures prescribed for appeal by the board. Such appeal shall be heard at the next regular or special meeting of the board after it is filed and must be heard and determined by the board within 45 days of the date said appeal is filed with the board; however, such dismissed employee must file his appeal with the board in writing within ten days from the date of his dismissal and provided that this provision shall not apply to persons dismissed from employment due to curtailment in funds, reduction in staff, or abolition of the job held by such employee. The decision of the board shall be binding upon the employer as to whether such dismissal was for proper cause. Section 8 . Any final action of the board, including promulgating policies and procedures and changes thereto and rendering decisions on review and appeal of actions by employers and employees under such policies and procedures, shall, within five days of such action, be submitted to the employer for review. If within five days of receipt, the employer does not object in writing to such action, such action shall become of full force and effect and shall be binding on the employer and employee. If the employer files a written objection to such action with the board within five days, such action shall have no force and effect unless the board overrides such written objection by an affirmative vote of five members of the board, in which case such action shall become of full force and effect and shall be binding on the employer and employee. Section 9 . All costs, expenses, and supplies for the establishment and operation of the merit system and the board shall be borne by the county and paid out of county funds as a cost of administration. The members shall receive no compensation of any kind for service as a member of the board. Section 10 . Notwithstanding the fact that individuals with the rank or position of chief deputy or above are not covered by the Richmond County Sheriff's Merit System Board, no sheriff shall
Page 4500
reduce any chief deputy below the rank of lieutenant except for good and justifiable cause. Section 11 . This Act shall become effective on June 1, 1983. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a Bill to create a Merit System of employment for all or some of the employees of the Sheriff of Richmond County who are paid in whole or part by County funds; to repeal conflicting laws; and for other purposes. This 13th day of December, 1982. Mike Padgett Representative, 86th District Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, Paul S. Simon, 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
Page 4501
once a week for three weeks, as required by law, said dates of publication being December 20, 27, 1982, and January 3, 1983. /s/ Paul S. Simon, President Southeastern Newspapers Corp. Publisher of the Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me, this 5th day of January, 1983. /s/ JoAnn M. Lundquist Notary Public, Georgia State at Large. My Commission Expires June 28, 1986. (Seal). Approved March 29, 1983. STATE COURT OF FULTON COUNTYTERMS OF COURT, ETC. No. 462 (House Bill No. 550). AN ACT To amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, so as to provide terms of court; to repeal a provision relating to criminal procedure in said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, is amended by adding immediately following Section 13 a new Section 13A to read as follows:
Page 4502
Section 13A. The State Court of Fulton County shall have six terms each year beginning on the first Mondays in January, March, May, July, September, and November. Section 2 . An Act amending an Act establishing the City Court of Atlanta, approved December 15, 1871 (Ga. L. 1871, p. 57), and an amendatory Act thereto establishing the Criminal Court of Fulton County, approved September 6, 1891 (Ga. L. 1890-91, p. 935), as amended, particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 3019) is amended by repealing Section 1 of the amendatory Act approved March 24, 1976 (Ga. L. 1976, p. 3019), relating to certain criminal procedures in said court, in its entirety, and the repeal of said Section 1 shall not revive Section 7 of the Act approved September 6, 1891 (Ga. L. 1890-91, p. 935) as it existed prior to the amendatory Act approved March 24, 1976 (Ga. L. 1976, p. 3019). Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Fulton County, approved February 24, 1976 (Ga. L. 1976, p. 3023), as amended, and for other purposes. This 21st day of December, 1982. John Tye Ferguson Associate County Attorney Fulton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. C. Daugherty, who, on oath, deposes and says that he is Representative from the 33rd District, and
Page 4503
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 23, 30, 1982, and January 6, 1983. /s/ J. C. Daugherty Representative, 33rd District Sworn to and subscribed before me, this 9th day of February, 1983. /s/ Ann L. Wiley Notary Public, Georgia State at Large. My Commission Expires July 29, 1986. (Seal). Approved March 29, 1983. CLAYTON COUNTY BOARD OF COMMISSIONERSMEETINGS, ETC. No. 463 (House Bill No. 563). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3208), an Act approved February 26, 1973 (Ga. L. 1973, p. 2005), and an Act approved February 11, 1977 (Ga. L. 1977, p. 2610), so as to change the provisions relating to meetings; to change the method of selecting the vice-chairman; to define the duties and powers of the
Page 4504
chairman and board of commissioners; to create the position of chief administrative assistant; to provide an effective date; to repeal a specific Act relating to planning and zoning; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3208), an Act approved February 26, 1973 (Ga. L. 1973, p. 2005), and an Act approved February 11, 1977 (Ga. L. 1977, p. 2610), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Meetings. The board of commissioners shall hold regular meetings on the first and third Tuesday of each month at the county courthouse, unless postponed to a subsequent date by action taken at a regular meeting. Meetings shall be open to the public. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairman or any three members of the board, provided the chairman and all board members shall have been notified at least three days in advance of such special meeting. Whenever any regular meeting of the board shall fall on a holiday, the meeting shall be held on the following day. No official action shall be taken by the board except in a meeting which is open to the public. Any three members of the board 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 three members of the board. The chairman shall be entitled to the same voting rights as other board members on questions considered by the board. All zoning meetings shall be conducted at night beginning at 7:30 P.M. 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. Vice-chairman. (a) (1) At the first regular meeting in January of each odd-numbered year, a vice-chairman shall be selected as provided in this section. The vice-chairman shall serve until the first regular meeting in January of the next odd-numbered year and until his successor is selected and qualified.
Page 4505
(2) Beginning at the first regular meeting in January, 1985, the vice-chairman shall be the senior member of the board in years of service representing Commissioner District A. If the senior member of the board declines to serve, the other member of the board representing Commissioner District A shall serve as vice-chairman. If both members of the board representing Commissioner District A are equal in years of service, the board may select either member to serve as vice-chairman. (3) Beginning at the first regular meeting in January, 1987, the vice-chairman shall be the senior member of the board in years of service representing Commissioner District B. If the senior member of the board declines to serve, the other member of the board representing Commissioner District B shall serve as vice-chairman. If both members of the board representing Commissioner District B are equal in years of service, the board may select either member to serve as vice-chairman. (4) Thereafter, the vice-chairmanship shall be rotated between Commissioner Districts A and B in the manner set forth in paragraph (2) and (3) of this subsection. (b) In the event the chairman is temporarily absent from the county or is unable temporarily to carry out his duties because of disability or for any other reason, the vice-chairman shall be clothed with all the authority of the chairman and shall carry out the duties of the chairman during such temporary absence from the county or temporary disability of the chairman. The vice-chairman shall also act as presiding officer at the meetings of the board in the absence of the chairman. Section 3 . Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. Powers and duties of the board of commissioners. (a) The board shall have exclusive jurisdiction and control of the following matters: (1) To direct and control all of the property of the county; (2) To levy taxes in accordance with the laws of this state;
Page 4506
(3) To establish, change, or abolish roads, bridges, and ferries according to law; (4) To supervise the tax commissioner's books and allow the insolvent list of the County of Clayton; (5) To settle all claims, charges, and demands against the County of Clayton; (6) To examine and audit all claims and accounts of officers against the County of Clayton; (7) To examine and audit all claims and accounts of officers having the care, keeping, and collecting or disbursing of any money belonging to Clayton County or appropriated for its use or benefit and to bring all such officers to settlement; (8) To elect or appoint all minor officers of said county, where an election is not otherwise provided by law or the provisions of this Act; (9) To have and exercise control and management over the inmates of said county according to the laws of this state; (10) To have the authority to pay all or any portion of the premiums on a group life insurance and on a hospitalization plan or program for county employees, as may now exist or be implemented in the future, provided the employees have agreed to be covered under a group insurance plan; (11) To pay actual and itemized expenses for travel, food, and lodging for county officials or permanent county employees while attending an institution of learning or schooling that is so closely connected to the employment that the county and its citizens will benefit from the attendance of such an institute or school of learning, which expenses shall be paid from revenue derived from sources other than ad valorem taxation; (12) To regulate land use by the adoption of a comprehensive development plan or by the adoption of planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens;
Page 4507
(13) To call elections for the voting of bonds; (14) To exercise all of the power and authority vested by law in the judge of the probate court when sitting for county purposes; (15) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state; (16) 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 within the bounds of Clayton County, outside the incorporated limits of municipalities situated therein, as otherwise allowed, authorized, or permitted by law. The board 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. 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; (17) To adopt rules regulating the operation of the board; (18) 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 board pursuant to this or any other law in force in said county; (19) 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; (20) 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;
Page 4508
(21) 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; (22) 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 Clayton County which, while not constituting an offense against the general laws of this state, is deemed by the board to be detrimental and offensive to the peace, good order, and dignity of Clayton County and to the welfare and morals of the citizens thereof; (23) To have the authority to furnish transportation to county officials and employees while conducting official county business, and the board of commissioners may, by resolution, establish a mode and means of providing such transportation. Any and all county owned vehicles provided for such official county use shall be used only for official Clayton County governmental purposes; however, in no instance, when a county employee utilizes a private vehicle for county business, shall the reimbursement for the cost of the transportation exceed the amount established by the State of Georgia on a mileage basis for state employees utilizing private vehicles while engaged in state business. The cost of furnishing transportation to county employees pursuant to this section shall be paid from county funds. All county owned vehicles shall be appropriately marked with easily discernible decals, except special vehicles designated by the sheriff and the chief of police for detective and investigative activities and assignments. The board shall have the authority to prescribe, by resolution, the requirements for reimbursement for all travel done on behalf of the county; (24) To have the authority to pass resolutions for the control of domestic animals in the unincorporated areas of the county and to provide penalties for the violation of such resolutions not inconsistent with state laws; and
Page 4509
(25) To exercise such other powers as are granted by law or are indispensable to the carrying out of the provisions of this Act. (b) The enumeration of powers and duties in subsection (a) of this section shall not be construed as a limitation of the powers of the board to such powers expressly enumerated. The board is expressly given complete power, authority, and control relative to all county matters of Clayton County, and this power, authority, and control is cumulative and supplemental to any and all laws presently existing or future laws that may be enacted concerning the subject matter. Section 4 . Said Act is further amended by striking Section 10C in its entirety and substituting in lieu thereof a new Section 10C to read as follows: Section 10C. Chief administrative assistant and other administrative assistants. (a) The position of chief administrative assistant is created. The chief administrative assistant shall be appointed by the chairman and confirmed by the board. The chief administrative assistant shall perform duties under the daily direction of the chairman and shall perform such other duties imposed upon him from time to time by action of the board. The provisions of the Clayton County Civil Service Act shall not be applicable to the position of chief administrative assistant. (b) The board may employ other administrative assistants from time to time as it may deem necessary. Said assistants, subject to confirmation by the board, shall be appointed by the chairman and they shall be under the direction of the chairman and the chief administrative assistant. The compensation for said administrative assistants shall be fixed in the same manner as other county employees. Subsequent to appointment, said administrative assistants shall be subject to the provisions of the Clayton County Civil Service Act. Section 5 . An Act creating and establishing for Clayton County, Georgia, a Planning Commission and Board of Zoning Appeals, approved February 4, 1949 (Ga. L. 1949, p. 223), is repealed in its entirety. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Page 4510
Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Legal Legislation. Notice is hereby given that the Board of Commissioners of Clayton County intend to introduce and apply for passage at the 1983 session of the General Assembly of the State of Georgia, convening January 1983, of an Act to amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Law 1955, p. 2064) as amended from time to time, so as to provide for the creation of the position of the Chief Administrator; to amend the provisions relating to Administrative Assistants; to define the duties and set the term of the Vice-Chairman; to define the duties and powers of the Chairman and Board of Commissioners; to provide an effective date; to repeal conflicting laws and for other purposes. Loretta Wright Clerk of the Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy W. Benefield, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Daily News which is the official organ of Clayton County, on the following dates: January 20, 25, and February 1, 1983. /s/ Jimmy W. Benefield Representative, 72nd District
Page 4511
Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. TAX COMMISSIONER OF CLAY COUNTYMETHOD OF COMPENSATING CHANGED. No. 465 (House Bill No. 718). AN ACT To amend an Act creating the office of tax commissioner of Clay County, approved January 31, 1946 (Ga. L. 1946, p. 241), so as to abolish the present mode of compensating the tax commissioner of Clay County, known as the fee system; to provide in lieu thereof an annual salary for said officer; to provide for the employment and compensation of assistants and clerks; 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 other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of tax commissioner of Clay County, approved January 31, 1946 (Ga. L. 1946, p. 241), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
Page 4512
Section 3. The tax commissioner of and for Clay County, Georgia, is authorized to employ such assistants and clerks as will be necessary to transact, do, and perform the duties of the office, and such assistants and clerks shall be paid by the board of commissioners in equal monthly installments out of the funds of Clay County. Section 2 . Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The present mode of compensating the tax commissioner of Clay County, known as the fee system, is abolished and, in lieu thereof, an annual salary for such officer is prescribed as provided in this section. (b) The annual salary of the tax commissioner of Clay County shall be fixed and determined by the governing authority of Clay County. The annual salary of the tax commissioner shall not be less than the minimum salary prescribed by general law nor more than 150 percent of the minimum salary prescribed by general law. (c) After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 3 . This Act shall become effective on January 1, 1985. Section 4 . All laws and parts of laws in conflict with this Act are repealed.
Page 4513
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill concerning the compensation of the offices of Probate Judge, Clerk of Superior Court, Tax Commissioner and Sheriff of the County of Clay, and for other purposes. This 14th day of January, 1983. Gerald Isler, Chairman Clay County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Clay County, on the following dates: January 20, 27, and February 3, 1983. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4514
UNION COUNTY BOARD OF EDUCATIONELECTION OF MEMBERSVACANCIES, ETC.REFERENDUM. No. 466 (House Bill No. 716). AN ACT To provide for the election of the members of the Board of Education of Union County; to provide for filling vacancies on the board; to provide for 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 . (a) For the purpose of electing the five members of the Board of Education of Union County, the Union County school district shall be divided into five education districts as follows: Education District 1 shall be composed of that portion of the Union County school district embraced within Union County election precinct number 1. Education District 2 shall be composed of that portion of the Union County school district embraced within Union County election precinct number 3. Education District 3 shall be composed of that portion of the Union County school district embraced within Union County election precinct number 2. Education District 4 shall be composed of that portion of the Union County school district embraced within Union County election precinct number 4.
Page 4515
Education District 5 shall be composed of that portion of the Union County school district embraced within Union County election precinct number 5. (b) The election precincts of Union County used in subsection (a) of this section as a basis for the description of education districts shall be the election precincts of Union County as such election precincts existed on January 1, 1983. Section 2 . (a) One member of the Board of Education of Union County shall be elected to represent each education district provided for in Section 1 of this Act. A candidate for election shall specify the education district for which the candidate is offering for election. A candidate for election shall have been a resident of the education district from which he or she offers for election for at least one year prior to taking office and must remain a resident of such district during the term of office to which elected. Each candidate for election shall be elected by a majority of the voters voting at large within the Union County school district. All candidates shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. (b) The first members of the Board of Education of Union County elected pursuant to this Act shall be elected as follows: (1) The members from education districts 1 and 2 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; (2) The members from education districts 3, 4, and 5 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. (c) For the period beginning January 1, 1985, and ending on December 31, 1986, the Board of Education of Union County shall consist of the two members elected pursuant to paragraph (1) of subsection (b) of this section and the three incumbent members of the Board of Education of Union County elected at the school board election held in 1982 for terms of office beginning on January 1, 1983, and ending on December 31, 1986.
Page 4516
(d) The successors and future successors to members elected pursuant to subsection (b) of this section shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following the election for terms of four years and until their successors are elected and qualified. Section 3 . In the event a vacancy occurs on the Board of Education of Union County because of death, resignation, removal from the education district, or for any other reason, and the remaining term of office is six months or less, the remaining members shall appoint a qualified person to fill such vacancy for the unexpired term of office. If the remaining term of office is more than six months, the election superintendent, within 20 days after the vacancy occurs, shall issue the call for a special election to be held in the Union County school district to elect a qualified person to fill such vacancy for the unexpired term of office. The person appointed or elected to fill a vacancy shall be a resident of the education district wherein the vacancy occurred. Special elections to fill vacancies shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 4 . The Board of Education of Union County elected pursuant to the provisions of this Act shall be a continuation of the heretofore existing Board of Education of Union County and may exercise all powers vested in county boards of education by the laws and the Constitution of this state. Section 5 . After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Union County to issue the call for an election for the purpose of submitting this Act to the electors of the Union County school district for approval or rejection. The superintendent shall set the date of such election for May 3, 1983. The superintendent shall issue the call for such election at least 30 days but not more than 60 days prior to the date of such election. The superintendent shall cause the date and purpose of the election together with the form of the ballot to be published once a week for two weeks immediately preceding the date thereof in the official organ of Union County. The ballot shall have written or printed thereon the words:
Page 4517
() YES () NO Shall the Act providing for the election of the members of the Board of Education of Union County and providing for filling vacancies on said board be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, but othewise it shall be void and of no force and effect. The expense of such election shall be borne by Union 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 6 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill relative to the Board of Education of Union County and for other purposes. This 14th day of January, 1983. /s/ Carlton H. Colwell Representative, 4th District
Page 4518
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton H. Colwell, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the official organ of Union County, on the following dates: January 27, February 3, 10, 1983. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. HENRY COUNTYCOMPENSATION OF CERTAIN OFFICIALS CHANGED. No. 467 (House Bill No. 731). AN ACT To amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual
Page 4519
salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4006), 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. L. 1958, p. 3127), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4006), is amended by striking Section 2 thereof, which reads 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. (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.
Page 4520
(d) The sheriff shall also receive a contingent expense allowance of $100.00 per month., and inserting in its place a new Section 2 to read as follows: Section 2. (a) The salary of the sheriff of Henry County shall be that minimum annual salary provided therefor by Code Section 15-6-20 of the O.C.G.A., relating to minimum salaries for sheriffs, 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 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. (c) The sheriff shall also receive a contingent expense allowance of $100.00 per month for in-county travel. Section 2 . Said Act is further amended by striking Section 3 thereof, which reads 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
Page 4521
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., and inserting in its place a new Section 3 to read as follows: Section 3. The clerk of the Superior Court of Henry County shall be paid a salary in an amount equal to 90 percent of the annual salary of the sheriff of Henry County, to be paid in equal monthly installments out of county funds. The clerk of the superior court is 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. The clerk of the superior court shall also receive a monthly contingent expense allowance, for in-county travel, equal to that of the sheriff. Section 3 . Said Act is further amended by striking Section 4 thereof, which reads 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.,
Page 4522
and inserting in its place a new Section 4 to read as follows: Section 4. The judge of the Probate Court of Henry County shall be paid an annual salary in an amount equal to 90 percent of the annual salary of the sheriff of Henry County. Said salary shall be paid in equal monthly installments out of county funds. The judge of the probate court is 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 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, for in-county travel, equal to that of the sheriff. Section 4 . Said Act is further amended by striking Section 4A thereof, which reads 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
Page 4523
county commissioners of Henry County. Said annual salary of the tax commissioner shall be increased by 3 % on January 1, 1980. Said annual salary shall further be increased by 3 % 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., and inserting in its place a new Section 4A to read as follows: Section 4A. The tax commissioner of Henry County shall receive an annual salary in an amount equal to 90 percent of the annual salary of the sheriff of Henry County, 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 Code Section 48-5-180 of the O.C.G.A., relating to commissions of tax commissioners. The tax commissioner is 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. The tax commissioner shall also receive a monthly contingent expense allowance, for in-county travel, equal to that of the sheriff. Section 5 . This Act shall become effective July 1, 1983. Section 6 . All laws and parts of laws in conflict with this Act are repealed.
Page 4524
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to provide for the compensation of the Sheriff, Clerk of Superior Court, Probate Judge, Tax Commissioner, and County Commissioners of Henry County; and for other purposes. This 13th day of January, 1983. Philip T. Keen, Attorney for Henry County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 19, 26, and February 2, 1983. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4525
FLOYD COUNTYOFFICE OF COUNTY MANAGER CREATED. No. 468 (House Bill No. 743). AN ACT To amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, so as to provide for a county manager; to provide for his powers, duties, and responsibilities; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, is amended by adding seven new sections immediately following Section 6A, to be designated Sections 6B, 6C, 6D, 6E, 6F, 6G, and 6H, respectively, to read as follows: Section 6B. There is created the office of county manager of Floyd County. The county manager shall be appointed in the manner provided for by the board of commissioners to serve at the pleasure of said board. No member of the board shall be appointed county manager during the term of office for which he is elected or for a period of one year thereafter. Section 6C. The county manager shall be chosen by the board solely upon the basis of his administrative qualifications with specific reference to his actual experience in or knowledge of accepted practices in respect to the duties of his office as hereinafter set forth. Section 6D. The county manager shall be the administrative head of the county government. He shall be responsible to the board
Page 4526
for the proper and efficient administration of all affairs of the county except as otherwise provided by law. It shall be his duty: (1) Except as otherwise provided by law, to appoint and remove all subordinate officers and employees of all departments of the county which the commissioners have heretofore been empowered to appoint and discharge, with the exception of the county attorney, the county auditor, and the county physician; (2) To see that all laws and ordinances of the county are enforced; (3) To exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created; (4) To prepare and submit to the board of commissioners an annual budget; (5) To keep the board of commissioners fully advised as to the financial condition and needs of said county; (6) To supervise and direct the official conduct of all appointive county officers and department heads except as may be herein otherwise provided; (7) To attend all meetings of the board with the right to take part in the discussion, provided he shall have no vote before the board; (8) To supervise the performance of all contracts made by any person for work done for Floyd County and to supervise and regulate all purchases of materials and supplies for Floyd County within such limitations and under such rules and regulations as may be imposed by the board of commissioners; (9) The county manager shall be vested with the authority to countersign with the chairman or, in his absence from the county, the vice chairman, all payroll checks for employees of Floyd County; and (10) To perform such other administrative duties as shall be established by the board of commissioners.
Page 4527
Section 6E. The board of commissioners shall have the right to require the county manager to appear before them at any time and make such reports, oral or written, as they deem necessary. Section 6F. The county manager shall be required to execute and deliver a good and sufficient bond payable to Floyd County to be approved by the board of commissioners and conditioned upon the faithful performance of his duties. The amount of said bond shall be determined by the board of commissioners. Said bond shall be delivered to the board within five days of the county manager assuming his duties and upon receipt shall be filed by the chairman of the board in the office of the Clerk of Superior Court of Floyd County. Section 6G. Before entering upon his duties, the county manager shall take and subscribe an oath for the faithful performance of his duties under this Act, which oath shall be duly entered upon the minutes of the board of commissioners. Section 6H. The county manager may be suspended or removed at the pleasure of the board of commissioners by a majority vote of the board of commissioners. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating the board of commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended; and for other purposes. This 29th day of January, 1983. John Adams Representative, 16th District
Page 4528
E. M. Childers Representative, 15th District, Post 1 Forrest McKelvey Representative, 15th District, Post 2 Ed Hine Senator, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: February 3, 10, 17, 1983. /s/ John Adams Representative, 16th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4529
CHATHAM COUNTY BOARD OF COMMISSIONERSCOMMISSIONER DISTRICTS CHANGED. No. 469 (House Bill No. 755). AN ACT To amend an Act creating and organizing the Board of Commissioners of Chatham County, approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 2245) and an Act approved March 27, 1972 (Ga. L. 1972, p. 2912), so as to change the provisions relating to the commissioner districts of the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and organizing the Board of Commissioners of Chatham County, approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 2245) and an Act approved March 27, 1972 (Ga. L. 1972, p. 2912), is amended by striking subsection (b) of Section 1 and inserting in lieu thereof new subsections (b) and (b.1) to read as follows: (b) Effective with the commissioners to be elected at the 1984 general election, Chatham County shall be divided into eight commissioner districts consisting of the following territory within Chatham County: Commissioner District No. 1 Chatham Tract 29
Page 4530
Tract 30 Block Groups 2 and 3 Tract 34 Block Groups 1 through 3 Blocks 401 through 403, 509, 510, 513, 514, and 523 Tract 39 Blocks 101 through 104, 106 through 109, and 115 through 117 Block Group 2 Blocks 302 through 306 Tract 40.01 Block Groups 1 and 4 Blocks 501 through 507, 509 through 519, 521 through 524, 526, 527, 534, 541, and 542 Tract 40.02 Blocks 201 through 204 and 230 through 232 Block Groups 3 and 5 Tract 42.02 That part of Block 101 outside the City of Vernonberg Blocks 102 through 121, 133, 134, 136, 204 through 206, and 209 through 222 Tract 101.02 Blocks 314 through 318 That part of Block 901 outside the City of Thunderbolt Block 902 Tract 102 Blocks 101 through 116, 118 through 121, and 202 through 206 Commissioner District No. 2 Chatham Tract 3 Block Groups 4 through 6 Tracts 10 and 11
Page 4531
Tract 19 Blocks 201, 202, 210, 211, and 215 Tracts 20 and 21 Tract 22 Blocks 205, 211, and 213 through 216 Block Groups 3 through 5 Blocks 601 through 603 and 605 through 611 Tract 26 Blocks 101 through 105, 108 through 116, 202 through 207, 210 through 215, 302 through 307, and 311 through 315 Tract 27 Tract 30 Block Group 1 Tract 35.01 Blocks 101, 102, and 104 through 107 Tract 37 Blocks 306 through 313 Tract 101.01 Block 110 Block Groups 2 and 3 Commissioner District No. 3 Chatham Tract 3 Block Groups 1 through 3 Tracts 3.99, 8, and 9 Tract 13 Blocks 102 through 114 Tract 22 Block Group 1 Blocks 201 through 204, 206 through 209, 212, and 612
Page 4532
Tract 35.01 Blocks 108 and 109 Block Groups 2 through 5 Tract 35.02 Tract 36.01 That part of Block 101 within the City of Savannah Blocks 111 through 114 Block Groups 2 through 4 Blocks 501 through 503, 603, 604, 609, and 610 Tract 36.02 That part of Block 101 within the City of Savannah Blocks 103 through 109 and 111 Block Groups 2 through 6 Tract 37 Block Groups 1 and 2 Blocks 301 through 305 Tract 38 Tract 39 Blocks 110 through 114, 307 through 321, and 323 Tract 101.01 Blocks 103 through 107 and 109 Tract 101.02 Blocks 312 and 313 Tract 106.05 That part of Block 304 within the City of Savannah Tract 106.99
Page 4533
Commissioner District No. 4 Chatham Tract 36.01 That part of Block 101 outside the City of Savannah Blocks 102, 103, 105 through 110, 115, 504 through 508, 601, 602, and 605 through 608 Tract 36.02 That part of Block 101 outside the City of Savannah Tract 40.02 Blocks 205 through 219 and 233 through 235 Tract 41 Tract 42.02 Block 140 Tract 101.01 Block 108 Block Group 4 Tract 101.02 Block Groups 1 and 2 Blocks 301 through 310 That part of Block 901 within the City of Thunderbolt Blocks 903 and 921 Tract 102 Blocks 117 and 201 Tract 110.01 Blocks 101 through 109, 111 through 113, 201 through 206, 211 through 214, 301 through 305, 307 through 314, and 401 Block Group 6 Blocks 901 through 903 Tracts 110.02 and 111.01 through 111.03
Page 4534
Commissioner District No. 5 Chatham Tract 13 Block 101 Block Groups 2 and 3 Tract 15 Tract 18 Block Group 1 Blocks 201 through 219 and 221 through 226 Tract 19 Block Group 1 Blocks 203 through 209 and 212 through 214 Block Group 3 Tract 24 Blocks 101 through 106, 110 through 119, 202 through 212, 215 through 220, 301 through 305, 308 through 316, and 318 through 321 Tract 25 Tract 26 Blocks 106, 107, 117, 118, 201, 208, 209, 216, 301, and 308 through 310 Tract 28 Tract 34 Blocks 404 through 418, 420, 422, 424 through 426, 501 through 508, 511, 512, 515 through 522, and 524 through 530 Tract 40.01 Blocks 530 through 535 and 537 through 540 Tracts 43 through 45 Tract 105 Block Groups 1 and 3
Page 4535
Commissioner District No. 6 Chatham Tract 42.02 That part of Block 101 within the City of Vernonberg Blocks 122, 123, 138, 139, 201 through 203, 207, and 208 Tracts 42.03 and 42.04 Tract 108.02 Blocks 323 through 329, 401 through 413, 416 through 425, and 427 through 433 Tract 109 Tract 110.01 Blocks 123 through 136, 198, 199, 207 through 209, 215, 220, and 230 through 233 Commissioner District No. 7 Chatham Tract 105 Blocks 202, 204 through 209, 215, 903, 905, 910, 911, 913, 914, 916, 917, 920 through 924, 927, 930, 931, and 990 Tracts 106.01 and 106.03 Tract 106.05 Blocks 816 and 901 through 904 Tracts 107 and 108.01 Tract 108.02 Block Groups 1 and 2 Blocks 301, 302, 304 through 322, 414, 415, and 426 Block Group 9 Commissioner District No. 8 Chatham Tracts 1, 6.01, 6.02, 12, and 17 Tract 18 Block 220
Page 4536
Tract 23 Tract 24 Blocks 107 through 109, 120, 201, 213, 214, 306, 307, and 317 Tracts 32, 33.01, and 33.02 Tract 105 Blocks 203, 989, and 992 through 998 Tract 106.04 Tract 106.05 Block Groups 1 and 2 Blocks 301 through 303 That part of Block 304 outside the City of Savannah Blocks 905 through 911, 914, 916 through 918, and 995 through 998 Until such time, the commissioner districts for commissioners who were in office on January 1, 1983, shall remain effective. (b.1) For the purposes of this section: (1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of Chatham County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 4537
Notice is hereby given that there will be introduced at the 1983 Session of the Georgia General Assembly a bill to amend the districts from which Chatham County Commissioners are elected. This 24th day of January, 1983. Ronald E. Ginsberg Representative, 122nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Ginsberg, who, on oath, deposes and says that he is Representative from the 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: February 2, 9, 16, 1983. /s/ Ron Ginsberg Representative, 122nd District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4538
BACON COUNTY BOARD OF COMMISSIONERSACT CREATING AMENDED. No. 470 (House Bill No. 786). AN ACT To amend an Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, so as to provide for commissioner districts; to provide for a chairman and members of the board; to provide for qualifications, election, and terms; to provide for a vice chairman and the duties of the chairman and vice chairman; to provide for quorum; to provide for transition; to provide 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 Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, is amended by striking Sections 1 and 2 thereof and inserting in their place the following new sections: Section 1. (a) For purposes of electing the four members of the board of commissioners of Bacon County, who must reside in districts, the county is divided into four districts as follows: District 1 Bacon Tract 9901 Those parts of Blocks 334 and 338 within the City of Alma Blocks 339 through 399, 401 through 407, 409 through 413, 546 through 550, 601 through 606, 616 through 625, 639 through 641, and 703 through 705
Page 4539
District 2 Bacon Tract 9901 That part of Block 254 inside the City of Alma Blocks 408, 414 through 420, 502 through 509, 525 through 533, 536 through 539, 541, 543 through 545, 607 through 615, 626 through 638, 642 through 650, 701, 702, 706 through 739, 818 through 820, 822, 837 through 839, and 841 Those parts of Blocks 857 and 858 within the City of Alma District 3 Bacon Tract 9901 Blocks 323 through 329, 422 through 433, 439, 441 through 452, 501, 510 through 524, 740 through 755, 757 through 797, 801 through 817, 823 through 836, 840, 842 through 855, 863 through 871, 888, 889, and 899 District 4 Bacon Tract 9901 Block Group 1 Blocks 201 through 253 That part of Block 254 outside the City of Alma Blocks 255, 257 through 267, 301 through 322, and 330 through 333 That part of Block 334 outside the City of Alma Blocks 335 through 337 That part of Block 338 outside the City of Alma Blocks 421, 434 through 438, 440, and 856 Those parts of Blocks 857 and 858
Page 4540
outside the City of Alma Blocks 859 through 862 and 872 through 874 (b) Any part of Bacon County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 or any future such census. Section 2. (a) The board of commissioners of Bacon County shall consist of a chairman and four other members. Bacon County shall be divided into four districts, as provided in Section 1 of this Act, and each district shall be represented on the board by a member who resides in the district. The chairman shall also be a member of the board but may reside anywhere in the county. The chairman and the four other members shall be elected by the voters of the entire county. (b) Those persons elected as members of the board of commissioners of Bacon County at the 1980 general election, under previously existing provisions of this Act, shall serve out their terms of office, which shall expire December 31, 1984, and until the election and qualification of their respective successors. The successor to that member elected at the 1980 general election who represented the previously existing Northeast District shall be elected at the 1984 general election to serve from District 3 under this section and shall take office January 1, 1985, for an initial term of four years and until the election and qualification of a successor. The successor to that member elected at the 1980 general election who represented the previously existing Southwest District shall be elected at the 1984 general election to serve from District 4 under this section and shall take office January 1, 1985, for an initial term of four years and until the election and qualification of a successor. At the 1984 general election, the chairman and the first member from District 1 shall also be elected under this section. The chairman shall take office January 1, 1985, for an initial term of four years and until the election and qualification of a successor. The member from District 1 shall take office January 1, 1985, for an initial term of two years and until the election and qualification of a successor. (c) That person elected to represent the Alma District as a member of the board of commissioners of Bacon County at the 1982
Page 4541
general election, under previously existing provisions of this Act, shall serve out that member's term of office, which shall expire December 31, 1986, and until the election and qualification of a successor under this section. That successor shall be elected at the 1986 general election to serve from District 2 under this section and shall take office January 1, 1987, for an initial term of four years and until the election and qualification of a successor. At the 1986 general election, the successor to the first member from District 1 whose term expires December 31, 1986, shall also be elected and shall take office January 1, 1987, for a term of four years and until the election and qualification of a successor. (d) Successors to those members elected under subsections (b) and (c) of this section shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office January 1 following their election for terms of four years and until the election and qualification of their respective successors. (e) From January 1, 1985, until January 1, 1987, the board of commissioners of Bacon County shall consist of the chairman and three other members elected under subsection (c) of this section and the incumbent member elected at the 1982 general election to represent the Alma District. Section 2 . Said Act is further amended by striking Section 7 thereof and inserting in its place a new Section 7 to read as follows: Section 7. At their first regular meeting in January, 1985, and at the first regular meeting each year thereafter, the board of commissioners shall by majority vote elect one of their number as vice chairman. The vice chairman shall serve at the pleasure of a majority of the members of the board and may be removed as vice chairman at any time without notice, cause, or hearing. It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as herein provided or such as may be delegated to him by the board of commissioners. In the event of the absence, disqualification, or disability of the chairman, the vice chairman shall assume the duties of chairman. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the
Page 4542
board on all subjects, and decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall have the right to vote on all matters coming before the board and shall have the right to move for the adoption of any resolutions or other matter coming before the board. The members of the board shall each be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to that judge and his successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County. Section 3 . Said Act is further amended by striking Section 9 thereof and inserting in its place a new Section 9 to read as follows: Section 9. Three members of the board shall constitute a quorum for the transaction of all business which may come before them. Section 4 . For purposes of electing members of the board at the general election in 1984, this Act shall become effective January 1, 1984. For all other purposes, this Act shall become effective January 1, 1985. Otherwise, however, the existing laws relative to the board of commissioners of Bacon County shall remain in effect until January 1, 1985. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given, pursuant to Article 3, 7, paragraph 9 of the Constitution of the State of Georgia that there will be introduced at the 1983 Session of the Georgia General Assembly a bill to amend the Bacon County law relative to the Board of Commissioners (Georgia
Page 4543
Laws 1963, p. 2665, et seq.). This 25th day of January, 1983. /s/ Tommy Smith Representative, District 152 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 is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon County, on the following dates: January 27, February 3, 10, 1983. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 18th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4544
CITY OF DECATURCORPORATE LIMITS CHANGED. No. 471 (House Bill No. 322). AN ACT To amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3910), so as to change the corporate limits of the City of Decatur, Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3910), is amended by striking from the description of the corporate limits of said City of Decatur, Georgia, the following: All that tract or parcel of land lying and being in Land Lot 215 of the 15th District of DeKalb County, Georgia; and being particularly described as follows: BEGINNING at the intersection of the eastern right-of-way of Oldfield Road with the corporate limits of the City of Decatur as said corporate limits existed prior to this amendment (which point of beginning is situated 200 feet southerly from the southeastern corner of the intersection of Oldfield Road and Kirk Road); thence running northeasterly 225.7 feet along the aforesaid Decatur City Limits line to the northeastern corner of Lot 3 of the subdivision of F. B. Walden property as shown on subdivision plat made by W. H. Weaver, Civil Engineer, dated May, 1940 of record in Plat Book 13, Page 154 in the office of the Clerk of the Superior Court of DeKalb County, Georgia; thence running southerly along the eastern line of Lots Numbers 3 through 9, both inclusive, said subdivision, a distance of 747.7 feet to
Page 4545
the southeast corner of said Lot No. 9; thence westerly 214.5 feet along the southern line of Lot No. 9 to the eastern right of way of Oldfield Road, thence continuing along a line extending the southern line of said Lot 9 a distance of 50 feet across Oldfield Road (50-feet right of way) to the westerly right-of-way line of Oldfield Road; thence running southerly along the western right of way of Oldfield Road a distance of 110 feet, more or less, to the intersection of said right of way line of Oldfield Road with the northern right of way line of McKinnon Drive; thence running westerly and northwesterly along the northern and northeastern right of way of Oldfield Road to the southwest corner of property shown on plat of survey made by Virgil F. Gaddy, Land Surveyor, dated May 27, 1980, for the Estate of J. Nelson Maynard, of record in Plat Book 71, page 52, in the office of the Clerk of the Superior Court of DeKalb County, Georgia; thence running north 1 40' 51 east, along the western line of the property shown on said plat, a distance of 616.20 feet, more or less, to the aforesaid Decatur City Limits line; thence running northeasterly along the aforesaid Decatur City Limits line a distance of 387.7 feet, more or less, to the point of beginning., and inserting in lieu thereof the following: All that tract or parcel of land lying and being in Land Lot 215 of the 15th District of DeKalb County, Georgia, and being particularly described as follows: BEGINNING at the intersection of the eastern right-of-way of Oldfield Road with the corporate limits of the City of Decatur as said corporate limits existed prior to amendment by Act of the General Assembly of Georgia approved April 12, 1982, Georgia Laws 1982, page 3910 (which point of beginning is situated 200 feet southerly from the southeastern corner of the intersection of Oldfield Road and Kirk Road); thence running northeasterly 477.00 feet along the aforesaid Decatur City Limits line to the Western line of Forrest Hills Subdivision at the Land Lot Line dividing Land Lots 215 and 216 of the 15th District of DeKalb County, Georgia; thence southerly 826.5 feet along the Western line of Forrest Hills Subdivision to the North line of Oak Grove Subdivision; thence westerly 454.0 feet along the north line of Oak Grove Subdivision to the eastern right of way of Oldfield Road, thence continuing along a line extending the northern line of Oak Grove Subdivision a distance of 50 feet across Oldfield Road (50-feet right of way) to the Western right of way of
Page 4546
Oldfield Road; thence running southerly along the western right of way of Oldfield Road a distance of 110 feet, more or less, to the intersection of the Western right of way line of Oldfield Road with the northern right of way of McKinnon Drive; thence running westerly and northwesterly along the Northern and Northeastern right of way of McKinnon Drive to the southwest corner of property shown on plat of survey made by Virgil F. Gaddy, Land Surveyor, dated May 27, 1980, for the Estate of J. Nelson Maynard, of record in Plat Book 71, page 52, in the office of the Clerk of the Superior Court of DeKalb County, Georgia; thence running north 1 40' 51 east, along the western line of the property shown on said plat, a distance of 616.20 feet, more or less, to the aforesaid Decatur City Limits line; thence running northeasterly along the aforesaid Decatur City Limits line a distance of 387.7 feet, more or less, to the point of beginning. Section 2 . This Act shall become effective on July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to change the corporate limits thereof; and for other purposes. This 27th day of December, 1982. Eleanor L. Richardson Representative, 52nd District
Page 4547
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor Richardson, who, on oath, deposes and says that he is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur DeKalb News Era which is the official organ of DeKalb County, on the following dates: January 6, 13, 20, 1983. /s/ Eleanor Richardson Representative, 52nd District Sworn to and subscribed before me, this 24th day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. DEKALB COUNTY BOARD OF COMMISSIONERSPOWERS, DUTIES, ETC. CHANGEDREFERENDUM. No. 472 (House Bill No. 483). AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a
Page 4548
chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an 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, approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to change the provisions of said amendatory Act relating to the powers and duties of the governing authority of DeKalb County; to change the provisions thereof relating to the appointment and removal of certain officers and employees of DeKalb County; to change the provisions thereof relating to the executive assistant; 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. L. 1956, p. 3237), as amended, particularly by an 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, approved April 9, 1981 (Ga. L. 1981, p. 4304), is amended by striking from said amendatory Act, approved April 9, 1981 (Ga. L. 1981, p. 4304) subsection (b) of quoted Section 9 of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (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.
Page 4549
Section 2 . Said amendatory Act approved April 9, 1981 (Ga. L. 1981, p. 4304) is further amended by striking subsection (a) of quoted Section 13 of Section 1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (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 all 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, 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. Nothing herein shall be construed to preclude any commissioner from seeking information necessary to the establishment of policy from any person, including any employee of DeKalb County. Section 3 . Said amendatory Act approved April 9, 1981 (Ga. L. 1981, p. 4304) is further amended by striking subsection (c) of quoted Section 13 of Section 1 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Subject to confirmation by the Commission, the Chief Executive shall appoint the Executive Assistant, the Planning Director Finance Director, Merit System Director, and the 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. The Commission may also discharge any such officer for cause, but the affirmative vote of at least five members of the Commission shall be required to discharge any such officer. Section 4 . Said amendatory Act approved April 9, 1981 (Ga. L. 1981, p. 4304) is further amended by striking subsections (a) and (b) of quoted Section 14 of Section 1 in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
Page 4550
(a) Subject to the qualifications for said office as hereinafter provided in this Section, the Chief Executive shall nominate, and the Commission shall confirm, an Executive Assistant. The executive assistant shall be the chief administrative aide to the Chief Executive and the Commission and shall be responsible to the Chief Executive and the Commission for the proper administration of the affairs of the county. (b) 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. Section 5 . After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of DeKalb County to issue the call for an election for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The superintendent shall set the date of such election for the same date as the Presidential Primary election which is held in 1984. He shall issue the call for such election at least 30 days but not more than 60 days prior to the date of such election. The superintendent shall cause the date and purpose of the election together with the form of the ballot 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 amending the Act establishing and reorganizing 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 as provided in Section 6 of this Act, but otherwise it shall be void and of no force and effect.
Page 4551
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 his further duty to certify the result thereof to the Secretary of State. Section 6 . For the purpose of becoming incorporated into the amendatory Act providing for the form of government of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304) this Act shall become effective upon its approval in the referendum provided for in Section 5 of this Act but, as a part of said amendatory Act, this Act shall become effective on January 1, 1985, as provided in paragraph (2) of Section 3 of said amendatory Act. 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend 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. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved April 12, 1982 (Ga.
Page 4552
L. 1982, p. 4235), and for other purposes. This 17th day of December 1982. Frank Redding Representative, 50th District Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, co-publisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Local Legislation-DeKalb County governing authority-Frank Redding, Representative 50th District, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 23, 30, 6th day of Dec., 1982, Jan., 1983. /s/ Gerald Wm. Crane Co-Publisher By: Linda L. Orr Agent Sworn to and subscribed before me, this 6th day of January, 1983. /s/ Linda L. Orr Notary Public. My commission expires June 21, 1985. (Seal) Approved March 29, 1983.
Page 4553
HALL COUNTYSCHOOL DISTRICT BOUNDARIES DESCRIBED. No. 473 (House Bill No. 587). AN ACT To provide for and describe boundaries for the districts for the Board of Education of the Hall County School District; 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 . (a) For the purpose of electing members to the Board of Education of the Hall County School District, the Hall County School District shall be divided in five education districts as follows: DISTRICT NO. 1 That area of Hall County not a part of the City of Gainesville and within the boundaries of the area encompassed by: POINT OF BEGINNING: Beginning at a point common to the boundaries of Habersham County, Hall County, and White County, said point lying and being in the center Chattahoochee River; THENCE southeasterly along a line that is the common boundary of Habersham County and Hall County to a point common to the boundaries of Banks County, Habersham County, and Hall County; THENCE southwesterly, southerly, and southeasterly along a line that is the common boundary of Banks County and Hall County to a point that is common to the boundaries of Banks County, Hall County, and Jackson County;
Page 4554
THENCE southwesterly along a line that is the common boundary of Hall County and Jackson County to a point that is the intersection of said line and the center line of Blackstock Road (D.O.T.No. 772); THENCE westerly along the center line of Blackstock Road (D.O.T.No.772) to a point that is the center of the intersection of said Road and Athens Highway, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6); THENCE westerly along the center line of Athens Highway, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6) to a point that is the center of the intersection of said Highway and Lanier Parkway, U.S. Route 23, and Ga. Route 365 (D.O.T. No. F13-1); THENCE southerly along the center line of the right-of-way of Lanier Parkway, U.S. Route 23, and Ga. Route 365 (D.O.T.No.F13-1) to a point that is the center of the intersection of said Parkway and Queen City Parkway, Ga. Route 60 (D.O.T. No.Fo(65-3); THENCE Westurly along the center line of the right-of-way of Queen City Parkway, Ga. Route 60 (D.O.T. No. F65-3) to a point that is the intersection of said Parkway and Broad Street, Ga. Route 13, and Ga. Route 60 (D.O.T. No.F12-1); THENCE northeasterly along the center line of Board Street, Ga. Route 13 (D.O.T. No. F12-1), Board Street becoming Church Street without a change in alignment to a point that is the intersection of said Streets with Sycamore Street, U.S. Route 129, and Ga. Route 11 (D.O.T. No.F2-6); THENCE northwesterly along the center line of Sycamore Street, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6) to a point that is the intersection of said Street and Green Street, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6);
Page 4555
THENCE northerly along the center line of Green Street, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6), Green Street becoming Morningside Drive, Morningside Drive becoming Park Hill Drive becoming Cleveland Road (all name changes occurring without a change in alignment or D.O.T. designation) to the intersection of said Street with Clarks Bridge Road, Ga. 284 (D.O.T. No. S-1355); THENCE northeasterly along the center line of Clarks Bridge Road, Ga. 284 (D.O.T. No. S-1355) to a point that is the intersection of said Road on Clarks Bridge with the Chattahoochee River Channel of Lake Sidney Lanier; THENCE northeasterly along the center Chattahoochee River Channel of Lake Sidney Lanier to the headwaters of Lake Sidney Lanier; THENCE northerly along the center of the Chattahoochee River to a point common to the boundaries of Habersham County, Hall County, and White County, the point of beginning; SPECIFICALLY EXCLUDED from the area of Hall County Board of Education District No. 1 is that land which is a part of the City of Gainesville when said land is encompassed by this boundary description. DISTRICT NO. 2 That area of Hall County not a part of the City of Gainesville and within the boundaries of the area encompassed by: POINT OF BEGINNING: Beginning at a point common to the boundaries of Hall County and Jackson County and the center line of Blackstock Road (D.O.T. No. 772); THENCE southwesterly along a line that is the common boundary of Hall County and Jackson County to a point common to the boundaries of Barrow County, Gwinnett County, Hall County, and Jackson County;
Page 4556
THENCE southwesterly and northwesterly along a line that is the common boundary of Gwinnett County and Hall County to a point that is the common boundary of Gwinnett County, Forsyth County, and Hall County, said point being the center of the Chattahoochee River Channel of Lake Sidney Lanier; THENCE northeasterly along a line that is the common boundary of Forsyth County and Hall County, said line being the center of the Chattahoochee River Channel of Lake Sidney Lanier, to a point that is the confluence of the Mud Creek Channel of Lake Sidney Lanier and the Chattahoochee River Channel of Lake Sidney Lanier; THENCE easterly along the center of the Mud Creek Channel of Lake Sidney Lanier to a point that is the intersection of said Channel and Stephens Road (D.O.T. No. 490); THENCE northerly along the center line of Stephens Road (D.O.T. No. 490) to a point that is the intersection of said Road and Flat Creek Road (D.O.T. No. 1285); THENCE easterly along the center line of Flat Creek Road (D.O.T. No. 1285) crossing McEver Road (D.O.T. No. F-190-1) to a point that is the intersection of said Road and the northwestern boundary of the City of Oakwood, said point being approximately 0.4 mile east of McEver Road; THENCE northerly and easterly along the line that is the boundary of the City of Oakwood to a point that is the intersection of said line and Oakwood Road (D.O.T. No. 503); THENCE southeasterly along the center line of Oakwood Road (D.O.T. No. 503) to a point that is the intersection of said Road and the eastward-trending boundary of the City of Oakwood;
Page 4557
THENCE easterly along a line that is the boundary of the City of Oakwood, said boundary being in the shape of an arc, said arc being a portion of the original chartered limits of the City of Oakwood, to a point that is the intersection of said boundary and Old Oakwood Road (D.O.T. No. 863); THENCE northerly along the center line of Old Oakwood Road (D.O.T. No. 863) to a point that is the intersection of said Road and Mountain View Road (D.O.T. No. 434); THENCE northerly along Mountain View Road (D.O.T. No. 434) to a point that is the intersection of said Road and Atlanta Highway, Ga. Route 13 (D.O.T. No. S-2469); THENCE northerly along Atlanta Highway, Ga. Route 13 (D.O.T. No. S-2469) to a point that is the intersection of said Highway and Industrial Boulevard (D.O.T. No. 1431); THENCE northerly along a line that is the center line of Industrial Boulevard (D.O.T. No. 1431) to a point that is the intersection of said Boulevard and Queen City Parkway, Ga. Route 60 (D.O.T. No. F65-3); THENCE southeasterly along a line that is the center line of the right-of-way of Queen City Parkway, Ga. Route 60 (D.O.T. No. F65-3) to a point that is the intersection of said Parkway and Lanier Parkway, U.S. Route 23, and Ga. Route 365 (D.O.T. No. F13-1); THENCE northeasterly along a line that is the center line of the right-of-way of Lanier Parkway, U.S. Route 23, and Ga. Route 365 (D.O.T. No. F13-1) to a point that is the intersection of said Parkway and Athens Highway, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6); THENCE southeasterly along a line that is the center line of Athens Highway, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6) to a point that is the intersection
Page 4558
of said Highway and Blackstock Road (D.O.T. No. 772); THENCE southeasterly along a line that is the center line of Blackstock Road (D.O.T. No. 772) to a point that is the common point between said Road and the line that is the common boundary of Hall and Jackson County, the point of beginning. SPECIFICALLY EXCLUDED from the area of Hall County Board of Education in District No. 2 is that land which is a part of the City of Gainesville when said land is encompassed by this boundary description. DISTRICT NO. 3 That area of Hall County not a part of the City of Gainesville and within the boundaries of the area encompassed by: POINT OF BEGINNING: Beginning at a point common to the Chattahoochee River Channel of Lake Sidney Lanier and the center line of Clarks Bridge Road, State Route 284 (D.O.T. No. S-1355) at Clarks Bridge; THENCE southerly along a line that is the center line of Clarks Bridge Road, State Route 284 (D.O.T. No. S-1355) to a point that is the intersection of said Road and Cleveland Road, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6); THENCE southerly along the center line of Cleveland Road, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6), Cleveland Road becoming Park Hill Drive, Park Hill Drive becoming Morningside Drive, Morningside Drive becoming Green Street (all name changes occurring without a change in alignment or D.O.T. designation), to a point that is the intersection of said Green Street with Sycamore Street, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6);
Page 4559
THENCE southeasterly along a line that is the center line of Sycamore Street, U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-6) to a point that is the intersection of said street with Church Street, Ga. Route 13 (D.O.T.No. F12-1); THENCE southwesterly along a line that is the center line of Church Street, Ga. Route 13 (D.O.T. No. F12-1), Church Street becoming Broad Street without a change in alignment or D.O.T. designation to a point that is the intersection of said Broad Street with Queen City Parkway, Ga. Route 60 (D.O.T. No. F65-3); THENCE southeasterly along a line that is the center line of Queen City Parkway, Ga. 60 (D.O.T. No. F65-3) to a point that is the intersection of said Parkway with Industrial Boulevard (D.O.T. No. 1431); THENCE southeasterly along a line that is the center line of Industrial Boulevard (D.O.T. No. 1431) to a point that is the intersection of said Boulevard and Atlanta Highway, Ga. Route 13 (D.O.T. No. S-2469); THENCE southerly along a line that is the center line of Atlanta Highway, Ga. Route 13 (D.O.T. No. S-2469) to a point that is the intersection of said Highway and Mountain View Road (D.O.T. No. 434); THENCE southwesterly along a line that is the center line of Mountain View Road (D.O.T. No. 434) to a point that is the intersection of said Road with Old Oakwood Road (D.O.T. No. 863); THENCE southerly along Old Oakwood Road (D.O.T. No. 863) to a point that is the intersection of said Road with the westward-trending boundary of the City of Oakwood, said point lying south of Mundy Mill Road; THENCE westerly along a line that is the boundary of the City of Oakwood, said boundary being in the shape of an
Page 4560
arc, said arc being a portion of the originally chartered limits of the City of Oakwood to a point that is the intersection of said arc with Oakwood Road (D.O.T. No. 503); THENCE northwesterly along a line that is the center line of Oakwood Road (D.O.T. 503) to a point that is the intersection of said Road with the western-trending corporate limits of the City of Oakwood, said point being approximately 0.4 mile south of the intersection of Oakwood Road and McEver Road; THENCE westerly along a line that is the corporate limits of the City of Oakwood to a point that is the intersection of said corporate boundary line with Flat Creek Road (D.O.T. No. 1285); THENCE westerly along a line that is the center line of Flat Creek Road (D.O.T. No. 1258) to a point that is the intersection of said Road with Stephens Road (D.O.T. No. 490); THENCE southerly along a line that is the center line of Stephens Road (D.O.T. No. 490) to a point that is the intersection of said Road with the Mud Creek Channel of Lake Sidney Lanier; THENCE westerly along the Mud Creek Channel of Lake Sidney Lanier to a point that is the confluence of said Channel within the Chattahoochee River Channel of Lake Sidney Lanier, said channel also being the common boundary of Hall and Forsyth Counties; THENCE northerly along a line that is the common boundary of Hall and Forsyth Counties and that is also the Chattahoochee River Channel and Chestatee River Channel of Lake Sidney Lanier to a point where said boundary intersects with the Johnson Creek Channel of Lake Sidney Lanier; THENCE easterly along a line that is the Johnson Creek Channel of Lake Sidney Lanier to a point that is the intersection of said Channel with Chestatee Road (D.O.T. No. 242) at the Chestatee Road Bridge;
Page 4561
THENCE southerly along the center line of Chestatee Road (D.O.T. No. 242) to a point that is the intersection of said Road with Sardis Road (D.O.T. No. S-2238); THENCE easterly along the center line of Sardis Road (D.O.T. No. S-2238) to a point that is the intersection of said Road with Sardis Creek Channel of Lake Sidney Lanier; THENCE southeasterly along a line that is the center line of the Sardis Creek Channel of Lake Sidney Lanier to a point that is the confluence of said Channel with the Chattahoochee River Channel of Lake Sidney Lanier, said point being approximately 0.10 mile north of the Sidney Lanier Memorial Bridge; THENCE northeasterly along a line that is the Chattahoochee River Channel of Lake Sidney Lanier to a point that is the intersection of said Channel with Clarks Bridge Road (D.O.T. No. S-1355) at Clarks Bridge, the point of beginning. SPECIFICALLY EXCLUDED from the area of Hall County Board of Education District No. 3 is that land which is a part of the City of Gainesville when said land is encompassed by this boundary description. DISTRICT NO. 4 That area of Hall County not a part of the City of Gainesville and within the boundaries of the area composed by: POINT OF BEGINNING: Beginning at a point common to the boundaries of Habersham County, Hall County, and White County, said point lying and being with center of the Chattahoochee River; THENCE southwesterly along a line that is the center line of the Chattahoochee River and at the confluence of the Chattahoochee River and Lake Sidney Lanier, the center line of the Chattahoochee River Channel of Lake Sidney Lanier to a point that is the confluence of said Channel and the Sardis Creek Channel of
Page 4562
Lake Sidney Lanier, said point being approximately 0.10 mile north of the Sidney Lanier Memorial Bridge; THENCE northwesterly along a line that is the center line of the Sardis Creek Channel of Lake Sidney Lanier to a point that is the intersection of said Channel with Sardis Road (D.O.T. No. S-2238); THENCE westerly along a line that is the center line of Sardis Road (D.O.T. No. S-2338) to a point that is the intersection of said Road with Chestatee Road (D.O.T. No. 242); THENCE northwesterly along a line that is the center line of Chestatee Road (D.O.T. No. 242) to a point that is the intersection of said Road and the Johnson Creek Channel of Lake Sidney Lanier at Chestatee Road Bridge; THENCE southwesterly along a line that is the center line of the Johnson Creek Channel of Lake Sidney Lanier to a point that is the confluence of said Channel with the Chestatee River Channel of Lake Sidney Lanier, said point also being on the common boundary of Forsyth County and Hall County; THENCE northerly along a line that is the common boundary of Hall County and Forsyth County to a point that is common to the boundaries of Hall County, Dawson County, and Forsyth County; THENCE Northerly along a line that is the common boundary of Hall County and Dawson County to a point that is common to the boundaries of Hall County, Dawson County, and Lumpkin County; THENCE northeasterly along a line that is the common boundary of Hall County and Lumpkin County to a point that is common to the boundaries of Hall County, Lumpkin County, and White County;
Page 4563
THENCE easterly along a line that is the common boundary of Hall County and White County to a point that is common to the boundaries of Hall County, Habersham County, and White County, the point of beginning. SPECIFICALLY EXCLUDED from the area of Hall County Board of Education District No. 4 is that land which is a part of the City of Gainesville when said land is encompassed by this boundary description. DISTRICT NO. 5 All that area of Hall County which is not a part of the City of Gainesville. (b) Members of the Board of Education of Hall County who are in office on July 1, 1983, shall serve until the expiration of the term of office for which they were elected and until their successors are elected and qualified. Such members shall be deemed to represent the education district provided for in subsection (a) of this section which number corresponds to the education district for which they were elected. Beginning with the primary and general elections held in 1984 and thereafter at which members of the board of education are elected, members shall be elected from the education districts provided for in this section. Section 2 . This Act shall become effective on July 2, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced during the regular 1983 session of the General Assembly a bill to redistrict Hall County for the purpose of electing members to the County Board of Education; and for other purposes.
Page 4564
This the 10th day of January, 1983. Nathan Deal Senator, District 49 Joe T. Wood Representative, District 9, Post 1 Jerry Jackson Representative, District 9, Post 2 Bobby Lawson Representative, District 9, 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 is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Tribune which is the official organ of Hall County, on the following dates: January 12, 19, 26, 1983. /s/ Jerry D. Jackson Representative, 9th District
Page 4565
Sworn to and subscribed before me, this 10th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. CITY OF KENNESAWCORPORATE LIMITS CHANGED. No. 474 (House Bill No. 688). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 2620), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 2620), as amended, is amended by adding at the end of Section 1.02 the following: The corporate limits of the City of Kennesaw shall also include the following described parcels and tracts of land: (1) PARCEL A: All that tract or parcel of land lying and being in Land Lot 129 of the 20th District, 2nd Section of Cobb County, Georgia, and being a portion of the property as shown on
Page 4566
Plat Book 46, Page 78, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin which is located on the easterly right of way of Moon Station Road 821.5 feet southerly from the intersection of the easterly right of way of Moon Station Road and the north line of said Land Lot 129 as measured along the easterly right of way of Moon Station Road; running thence southerly along the easterly right of way of Moon Station Road for a distance of 105.0 feet to an iron pin; running thence south 89 15' east for a distance of 150.0 feet to an iron pin; running thence northwesterly for a distance of 191.0 feet to the iron pin on the easterly right of way of Moon Station Road, which is the point of beginning. (2) PARCEL B: All that tract or parcel of land lying and being in Land Lot 177 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin at the eastern right of way of Due West Road, and being 0.5 mile southerly from the centerline of Highway 41, as measured along the eastern right of way of Due West Road; thence leaving Due West Road south 87 55' east 265.0 feet to an iron pin; thence south 05 46' west 156.0 feet to an iron pin; thence south 50 46' west 132.59 feet to an iron pin; thence north 67 53' west 160.0 feet to an iron pin; thence north 33 11' west 56.0 feet to an iron pin at the eastern right of way of Due West Road; thence with the eastern right of way of Due West Road north 12 05' east 145.0 feet to the point of beginning. Containing 1.30 acres more or less. Also including that portion of the right of way of Due West Road adjacent to and immediately northwest of and running along the northwesterly boundary of the above described tract. (3) PARCEL C: All that tract or parcel of land lying and being in Land Lot 93 and 98 of the 20th District, 2nd Section, Cobb County, Georgia, and designated at Lot 27, Block `C' of Pinetree Estates and being a portion of the property shown on plat of survey of Recreation Center of Cobb County Recreation Authority by survey prepared by Merritt Welker, Engineers, dated August, 1960, a copy of which is recorded in Plat Book 21, Pages 146 and 147, Cobb County Records, and being more particularly described as follows:
Page 4567
TO REACH THE POINT OF BEGINNING begin at a point on the south side of Bozeman Lake Road 1,420 feet east of the intersection of the south side of Shiloh Road (this being the northeast corner of Lot 13, Block `C' of said Cobb County Recreation Authority property); running thence south 11 57' 40 west along the easterly line of said Lot 13, Block `C' for a distance of 210.5 feet to an iron pin; running thence south 0 33' 40 west for a distance of 150 feet to an iron pin THIS BEING THE POINT OF BEGINNING; running thence south 88 51' 40 east for a distance of 330.2 feet to an iron pin; running thence south 1 25' west for a distance of 974 feet to an iron pin located on the northeasterly side of Chalker Road; running thence north 55 46' 40 west along the northeast side of Chalker Road for a distance of 146.8 feet to an iron pin; running thence north 1 25' east for a distance of 245.5 feet to an iron pin; running thence north 36 31' 40 west for a distance of 136.2 feet to an iron pin; thence north 64 21' 20 west for a distance of 131.9 feet to an iron pin; running thence north 4 53' east for a distance of 59.75 feet to an iron pin; running thence north 0 33' 40 east for a distance of 426.2 feet to an iron pin and the point of beginning. (4) PARCEL D: All that tract or parcel of land lying and being in Land Lot 177 of the 20th District, 2nd Section, Cobb County, Georgia, being 22.01 acres, as shown on plat of survey made by John C. Gaskins and Vance W. Ruhling, R.L.S., dated April 22, 1982, last revised April 29, 1982, and recorded in the Plat Book, Cobb County Records, and being more particularly described as follows: BEGINNING at a point on the west land lot line of Land Lot 177, said District and section, 500.86 feet north, as measured along said west land lot line from the common intersection of Land Lots 177, 178, 203 and 204, said district and section, said Point of Beginning being at a point where the south side of Stonewood Drive (50 foot right of way) deed ends into the west line of Land Lot 177, said district and section; from said POINT OF BEGINNING, run thence due north along the west land lot line of Land Lot 177, said district and section, and along the easternmost lines of Lot 1, Block D, Stilesboro Cove Subdivision and Lots 3 through 9, Block G, Pine Mountain Subdivision, 911.78 feet to an iron pin, said point being 1,285.14 feet southerly as measured along the west land lot line of Land Lot 177, said district and section, from the northwest corner of said land lot; run thence south 87 50' 25
Page 4568
east, and along the southernmost property lines of Lots 12 through 25, Oakhill Subdivision, as shown on plat of survey recorded in Plat Book 51, Page 119, Cobb County Records, 1,050 feet to an iron pin; run thence south at an interior angle of 91 31' 16 with the last previous call and along the common dividing line between the property herein conveyed and other property of the Grantor herein, 915 feet to an iron pin; run thence west at an interior angle of 88 17' 51 and along the common dividing line between the property herein conveyed and the property of R. L. Scroggs, 1,050 feet to an iron pin and the point of beginning. (5) PARCEL E: All that tract or parcel of land lying and being in Land Lot 140 and 141 of the 20th District, 2nd Section, Cobb County, Georgia, as is shown on plat of same prepared by A. O. Carlile, designated property of Tom Arnold, dated November 1967, and being more particularly described as follows: BEGINNING at an iron pin and corner located at the intersection of the north line of Land Lot 141 with the south side of Rutledge Road right of way; thence running south 88 56' east for a distance of 695.2 feet along the north land lot line of Land Lots 141 and 140 to an iron pin; thence continuing along the north land lot line of Land Lot 140, north 89 57 minutes east for a distance of 753.3 feet to an iron pin; thence south 02 26' east for a distance of 128.6 feet to an iron pin and corner; thence running south 34 31' east for a distance of 100.8 feet to an iron pin and corner; thence south 80 10' east for a distance of 183 feet to a point; thence south 50 13' east for a distance of 85 feet to a point; thence south 42 50' east for a distance of 115 feet to a point; thence south 81 44' east for a distance of 70 feet to a point; thence north 81 21' east for a distance of 240 feet to the center of a branch; thence running southerly along the center line of said branch for a distance of 945 feet to a point; thence running south 08 54' east for a distance of 64.7 feet to the north side of the U. S. 41 Highway FourLane right of way; thence running north 64 16' west along the northerly side of the U. S. 41 Highway Four Lane right of way for a distance of 2,009.3 feet to an iron pin and corner; thence running south 25 05' west along said right of way for distance of 19.6 feet to a point and corner; thence running north 64 49' west along said right of way for a distance of 276.5 feet to an iron pin and corner; thence running north 11 00' west for a distance of 314.2 feet to the south side of Rutledge Road; thence running easterly along the southerly side of Rutledge Road for a distance of 200 feet to the point of
Page 4569
beginning. Also including that portion of the right of way of Rutledge Road adjacent to, immediately north of and running along a portion of the northerly boundary of the above described tract. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend the charter of the City of Kennesaw (Ga. L. 1950 p. 2506) as amended to create a new charter (Ga. L. 1971, p. 3620) as heretofore amended and for other purposes. This 31st day of Dec., 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George W. Darden, who, on oath,
Page 4570
deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. STATE COURT OF CHATTOOGA COUNTY CREATEDPRACTICE AND PROCEDURE, ETC.REFERENDUM. No. 475 (House Bill No. 738). AN ACT To create the State Court of Chattooga County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to specify fees; to provide for transfer of certain matters from the Superior Court of Chattooga County; to provide for institution of criminal cases; to
Page 4571
provide for appeals; to provide for selection and number of jurors; to provide for selection of a judge and a solicitor of the court; to provide for qualifications, duties, and compensation of such officers; to prohibit the judge from engaging in the active practice of law; to provide for disposition of certain fees; to provide for appointment of a solicitor pro tempore; to provide that the clerk and the sheriff of Chattooga County shall serve as clerk and sheriff; to provide for an official stenographer; to provide for all other matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Creation of court. There is created the State Court of Chattooga County, which shall have the power, jurisdiction, and method of procedure hereinafter provided. Section 2 . Location of court. The State Court of Chattooga County shall be located at Summerville in Chattooga County and shall have territorial jurisdiction coextensive with the limits of said county. Section 3 . Jurisdiction; demand for jury trial. (a) The State Court of Chattooga County shall have jurisdiction to entertain, hear, try, and determine all ex contractu civil cases and misdemeanor cases concurrent with the Chattooga 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, attachment, garnishment, distress warrants, and possessory warrants. Said court shall have jurisdiction as the superior court of appeals from the justice's courts of said county. (b) In all criminal cases, the judge of said court shall be the judge of both questions of fact and of law unless the person subject to be tried shall, before pleading to the charge against him, or the state shall, demand a jury trial. The purpose of this subsection is to eliminate trial by jury unless demanded by the person charged or by the state. Upon either such timely demand being made, such person shall be tried by jury, as is hereinafter provided. (c) In all civil cases the judge shall be the judge of all questions of fact and of law unless either party to such proceeding shall, before the
Page 4572
time expires for filing defensive pleadings, file a written demand for a jury trial. Upon such demand being timely filed, the case shall be tried by a jury as hereinafter provided unless such demand for trial by jury is withdrawn before the call of the case for trial. When a demand for trial by jury is filed, the same shall not be withdrawn without the consent of the opposite party. Section 4 . Practice and procedure. (a) When applicable and except as otherwise provided in this Act, the rules of practice, forms of pleading, and methods of procedure now prevailing in or hereafter provided for the superior courts of this state shall be adopted and followed in the State Court of Chattooga County. (b) All writs, process, summons, and the like shall issue, run, be served, and be directed in the same manner and to like purpose as in the superior court, except they shall be issued and annexed by the clerk of the State Court of Chattooga County and shall bear teste in the name of the judge of said court. (c) The provisions of the Georgia Civil Practice Act, Chapter 11 of Title 9 of the Official Code of Georgia Annotated, and all modifications or amendments thereto hereafter adopted shall apply to all cases in the State Court of Chattooga County except those proceedings specifically excepted in Code Section 9-11-81. Section 5 . Terms of court. The State Court of Chattooga County shall have monthly terms which shall be held on the second Monday in each month in Summerville in said county and such terms shall remain open for the transaction of business until the next succeeding term. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the next day thereafter which is not a legal holiday. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court. Section 6 . Costs. (a) In all civil proceedings in the State Court of Chattooga County, when the principal amount, excluding interest and fees, is not more than $200.00, the total costs shall be $10.00. Except for the costs provided herein, practice and procedure in such cases shall be as for cases where the principal amount, excluding interest and fees, is more than $200.00.
Page 4573
(b) In all other cases costs shall be the same as in the Superior Court of Chattooga County. Section 7 . Transfer of indictment or presentment from superior court. Any indictment or presentment by the grand jury of Chattooga County, in cases of which the State Court of Chattooga County has jurisdiction under this Act, may from time to time be transferred by the Judge of the Superior Court of Chattooga County to the State Court of Chattooga County and shall thereafter stand for trial in said court. Section 8 . Transfer of civil action from superior court. Any case of a civil nature pending in the Superior Court of Chattooga County at the time of the passage of this Act, or thereafter, of which the State Court of Chattooga County has jurisdiction under this Act may be transferred by the judge of the superior court to the State Court of Chattooga County by consent of counsel of all parties and shall thereafter stand for trial in said court as though originally filed therein. Section 9 . Institution of criminal cases. All prosecutions in criminal cases instituted in the State Court of Chattooga County shall be by written accusation made by the solicitor, based upon affidavit, setting forth plainly the offense charged in terms of the law, upon which shall be entered the name of the prosecutor, if any, but the solicitor may, in his discretion, make such accusation and proceed to trial thereon without affidavit as the basis therefor. Section 10 . Appellate procedure. Any case tried in the State Court of Chattooga County shall be subject to review by the Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the same manner and under the same rules of appellate procedure as apply to cases in the superior court. Section 11 . Juries. (a) The clerk of the State Court of Chattooga County shall prepare a jury list and jury box for said court which shall contain the names of all the grand and petit jurors of said county appearing from time to time on the jury list of the superior court of said county, from which jurors shall be drawn, selected, chosen, and summoned for service in the State Court of Chattooga County, in the same manner as is done in the superior court. Jurors in said state court shall receive the same per diem as compensation for service therein as in the Superior Court of Chattooga County and
Page 4574
shall be paid by the County of Chattooga in the same way and out of like funds as jurors are paid in the superior court. (b) For the trial of any case in the Superior Court of Chattooga County or the State Court of Chattooga County requiring the use of jurors, a jury pool is created. Jurors may be selected as prescribed by law by either the judges of the Superior Court of Chattooga County or the judges of the State Court of Chattooga County to appear to be sworn and serve as jurors before either court. When both the superior court and state court are in session on the same date either court may use as jurors persons who are summoned to appear to serve as jurors by virtue of the authority of either court. (c) The jury, for the trial of all civil and criminal cases tried in the State Court of Chattooga County, shall be composed of six members. Said trial jury shall be selected from a panel of 12 jurors. Each side in all civil actions being tried by a jury shall be entitled to three peremptory strikes from such panel of 12 and the remaining six jurors shall serve as the trial jury. In all criminal matters being tried by a jury, the state shall be entitled to two peremptory strikes and the defendant shall be entitled to two peremptory strikes from such panel of 12 jurors and the remaining six jurors shall serve as the trial jury. Section 12 . Judge; election; qualifications; prohibition on practice of law. (a) There shall be a judge of the State Court of Chattooga County who shall be elected by the qualified voters of Chattooga County, Georgia, at the same time and under the same rules and regulations as other state court judges are elected, except that the first judge shall be appointed by the Governor for a term to expire December 31, 1984. Thereafter the judge shall be elected at the 1983 general election and at the general election to be held every four years thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and qualified. All terms of such future judges shall begin on the first day of January after their election. (b) The judge of said court shall be at least 28 years of age, shall have practiced law at least five years and resided in Chattooga County for three years prior to his taking office. He shall take and subscribe in substance the oath of office as is prescribed for judges of the superior courts. He shall be vested with all the power and authority of judges of the superior courts as to all matters, except as are exclusively
Page 4575
conferred upon the judges of the superior courts by the Constitution and laws of this state. (c) The judge shall be paid a salary of $15,000.00 per annum, payable monthly out of the treasury of Chattooga County by the officers of said county authorized to pay out the funds of said county. The salary of such judge shall be an expense of said court. (d) During the term for which he is elected, the judge shall not engage in the active practice of law except as is required by his duties as judge. Section 13 . Solicitor; election; qualifications; limitation on practice of law. (a) There shall be a solicitor of the State Court of Chattooga County who shall be elected by the qualified voters of Chattooga County, Georgia, at the same time and under the same rules and regulations as county officers are elected, except that the first solicitor shall be appointed by the Governor for a term to expire December 31, 1984. Thereafter the solicitor shall be elected at the 1983 general election and at the general election to be held every four years thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and qualified. All terms of such future solicitors shall begin on the first day of January following their election. (b) The solicitor shall be a part-time solicitor and may practice law but may not practice in his own court or appear in any matter in which his court has exercised any jurisdiction. (c) The solicitor shall have been a resident of Chattooga County for one year next preceding his election and shall as of such date be at least 25 years of age and have been admitted to practice law for three years. (d) The solicitor shall receive an annual salary of $10,000.00, payable in equal monthly installments from funds of Chattooga County. Section 14 . Solicitor pro tempore; appointment by judge. In the absence of the solicitor of the State Court of Chattooga County for any reason, the district attorney of the Lookout Mountain Judicial Circuit may appoint a solicitor pro tempore, who shall have the same authority while so acting as said solicitor, and shall be paid by the solicitor such reasonable amount for the service as the district attorney shall determine.
Page 4576
Section 15 . Clerk and sheriff. The clerk of the Superior Court of Chattooga County shall be, by virtue of his office, the clerk of the State Court of Chattooga County and the sheriff of said county shall likewise be the sheriff of said state court and each shall on the behalf of the county receive the same fees for services in said court as are allowed them by law for like service in the superior court. The clerk shall provide all necessary dockets, writs, minute books, printed forms, and the like as may be necessary for said court which shall be paid for by the County of Chattooga in like manner as such items in the superior court. Section 16 . Official stenographer; appointment by judge. The judge of the State Court of Chattooga County may appoint an official stenographer for said court who shall report such cases as the court may require. He shall receive the same fees as allowed for similar service in the superior court, and which shall be taxed and enforced as in the superior court. Section 17 . Argument of counsel; limitation. Argument of counsel in all cases in the State Court of Chattooga County shall be limited to one-half hour on each side except by leave of the court. Section 18 . Not 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 Chattooga County to issue the call for an election for the purpose of submitting this Act to the electors of Chattooga County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 90 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 Chattooga County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating the State Court of Chattooga 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
Page 4577
are for approval of the Act, Sections 1 through 17 of this Act shall immediately become of full force and effect; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Chattooga County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 19 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 20 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to create a State Court of Chattooga County; to provide for all related matters; and for other purposes. This 17th day of January, 1983. John G. Crawford Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 27, February 10, 17, 1983. /s/ John Crawford Representative, 5th District
Page 4578
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. DOUGLAS COUNTY AIRPORT AUTHORITY CREATED. No. 476 (House Bill No. 783). AN ACT To create the Douglas County Airport Authority; to declare the need for such airport authorities; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for filling vacancies; to provide for removal of members; to provide for the appointment, compensation of an executive director, treasurer, and other administrative officers and employees of the authority; to provide that no member or officer or employee of the authority shall have any financial dealings with the authority; to provide that any member or officer or employee having financial dealings with the authority shall be subject to removal; to provide for the powers of the authority; to define the types of activity in which
Page 4579
the authority is prohibited from engaging, and otherwise to restrict the powers of the authority; to provide for the execution of contracts, leases, and other legal documents; to provide for the issuance and validation of revenue bonds; to provide for the location of the authority; to provide for the replacement of lost or mutilated bonds; to provide that such bonds may be secured by a trust indenture; to provide for additional powers relative to the issuance of revenue bonds and security for such bonds; to provide for the protection of interest of bondholders; to exempt the bonds and interest therefrom from taxation; to provide that such bonds may be used as lawful deposits of securities for public officers; to provide that the property of the authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from municipalities and counties to the authority; to provide that conveyances and transfers shall be accomplished so as to protect interest of bondholders and others affected thereby; to provide that airports acquired by the authority shall be subject to the control of the authority; to provide that the powers of the authority shall be limited to airports; to provide that the funds of the authority shall be used only for airports; to provide for publication of financial data; to provide for fire and emergency medical protection; to provide for maintenance of roads, taxiways, and runways; to provide for transfer of federal funds; to provide for immunity from liability; to provide for immunity from taxation; to provide for rights of personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; 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 created the Douglas County Airport Authority which is hereinafter referred to in this Act as the authority. The authority created shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The authority may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity only as hereinafter set out. The authority may exercise the powers set out in this Act at any place within Douglas County and any contiguous land outside the county which is used for airport purposes as provided herein. Section 2 . Determination of need for the authority. It is determined and declared that the present and projected rapid growth
Page 4580
in commercial and private air traffic in the Douglas County area, the need for adequate airports to serve safely and efficiently the air transportation needs of the state and the county through its metropolitan areas, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation, and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain metropolitan areas of the state. It is further determined and declared that the establishment of such authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the entire state and to ensure the proper economic development of the entire state. Section 3 . Declaration of purposes. The purposes and objectives of this Act and the authority created hereunder shall be to meet the needs and requirements recognized in Section 2 of this Act through the establishment, maintenance, and operation of unified and coordinated airport systems in the Douglas County area, to ensure the orderly and proper use and growth of public airports; to ensure that the maximum public benefit is obtained from any public airports presently in existence and future airports; to ensure proper planning and establishment of airports needed in the future; to ensure the maximum participation of this state in national and international programs of air transportation; to promote public transportation and commerce, and all of this to the end of providing the most effective and economical use of public airports for the public welfare, safety, and convenience. Section 4 . Definitions. As used in this Act, unless the context in which they are used requires otherwise, the following terms shall have the following meanings. (a) The term airport means: (1) Any area of land or water or any structure which is or has been used, or which authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters, and all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land or water area or structure; (2) Facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies,
Page 4581
parking of automobiles, and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft; and (3) All buildings, equipment, facilities, and other property and improvements of any kind or nature located outside the bounds of any such land or water area or structure which is or has been used or which the authority plans to use for the landing and taking off of commercial, private, and military aircraft which are necessary for the safe operation of aircraft, including without limitation aviation easements and other real or personal property. (b) The term airport hazard means any structure, terrain, or object of natural growth, or use thereof, which obstructs the airspace required for the flight, landing, or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport. (c) The term county means Douglas County. Section 5 . Members of the authority. The authority shall be composed of five members appointed by the governing authority of Douglas County. The authority shall be composed of five posts. Section 6 . Terms. The initial terms of members of the authority shall be as follows: Post No. 1 ending December 31, 1984. Post No. 2 ending December 31, 1985. Post No. 3 ending December 31, 1986. Post No. 4 ending December 31, 1987. Post No. 5 ending December 31, 1988. Thereafter all members shall be appointed for terms of five years each and until their successors are appointed. Section 7 . Election of officers, quorum, bylaws, procedures, and meetings. After the appointment of all members, the full membership
Page 4582
of the authority shall meet as soon as practicable and shall elect one of its members as chairman and one as vice-chairman, each of whom shall continue as voting members in such positions for the succeeding year and until their successors are elected. Thereafter, a chairman and a vice-chairman shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The chairman shall preside at meetings of the authority and the vice-chairman shall preside in his absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a secretary to keep the minutes and records of the authority. A majority of the members of the authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary. Section 8 . Compensation of members. The members shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority. Section 9 . Vacancies in authority. Should an appointed member vacate his office either by resignation, death, change of residence, or removal as provided in Section 10 of this Act or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another member as a member of the authority to complete the term of the vacation of member. Section 10 . Removal of members. Any member may be removed from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflict of interests provisions of this Act, by vote of three of the other members, but only after a public hearing at which such member is given the right to present evidence in his own behalf and only upon a finding by three of the other members that good cause for removal affecting the member's ability to perform his duties as a member exists, that he was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he violated the conflict of interest provisions of this Act.
Page 4583
Section 11 . Executive director, treasurer, and other administrative officers and employees. The authority may appoint and fix the compensation of an executive director, under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating officer of the authority. Under the supervision of the authority, he shall be responsible for the operation, management, and promotion of all activities with which the authority is charged under this Act, together with such other duties as may be prescribed by the authority; and he shall have such powers as are necessarily incident to the performance of his duties and such others as may be granted by the authority. Additionally, the authority may in a like manner appoint and fix the compensation of a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe. The authority may also authorize and employ such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Act. Section 12 . Conflicts of interest. No member of the authority or officer or employee thereof shall have a financial interest, direct or indirect, in any contract with the authority, or be financially interested, directly or indirectly, in the sale to the authority of any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee thereof. Any violation of this provision by a member of this authority shall be grounds for removal pursuant to Section 10 of this Act. Any violation of this provision by the executive director or any officer or employee of the authority shall be grounds for removal by the authority. Section 13 . Powers of the authority. (a) The authority shall possess, subject to the conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act: (1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein;
Page 4584
(3) To request the county to exercise the power of eminent domain to acquire any private real property or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power. The authority shall pay for any property condemned under this power from its own funds and in proceedings to condemn pursuant to this section, the court having jurisdiction of the suit, action, or proceeding may enter such orders regarding the payment for such property or interest therein as may be fair and just to the county, the authority, and the owners of the property being condemned. Any such procedure may suggest the method of payment by the authority to persons who shall own or have an interest in the property; (4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants and other fiscal agents, attorneys and such other persons, firms, or corporations as are necessary to accomplish the purposes of this Act, for such fees or compensation and under such terms and conditions as it deems appropriate; (5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under its control under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use same as necessary to operate the airports under its control and to accomplish any purposes of this Act; and to make any purchases or sales necessary for such purposes; (6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any airport under its control under such terms and conditions as it may prescribe including, if desirable, exclusive rights, franchises, or concessions;
Page 4585
(7) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under its control; to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with any municipality or the county; and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules, regulations, or orders shall become effective upon approval by the authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation thereof in a newspaper of general circulation of all counties in which rules and regulations are to be applied. The notice shall state that the breach of the rule or regulation will subject the violator to the penalty and shall state that the full text of all rules and regulations shall be maintained in the principal office of the authority where same will be open to public inspection and perusal. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided herein shall be judicially recognized by and enforceable in the court of any municipality or the county in which airports under the control of the authority are located and having jurisdiction over the place where any violation occurs; (8) To provide its own fire protection and crash and rescue services or to arrange for such services in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services; (9) 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 aid of airports under its control and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source; (10) To enter into agreements with the state, any subdivision thereof, or any county or municipality or the federal government or any agency thereof to use in the performance of its functions the facilities or the services of the state or such subdivision or such county or municipality or the federal government or any agency thereof in order to accomplish the purposes of this Act;
Page 4586
(11) To borrow money to accomplish its purposes and execute evidences of indebtedness therefor and secure such indebtedness in such manner as the authority may provide by its resolution authorizing such indebtedness to be incurred; provided that the authority shall not pledge to the payment of such indebtedness revenue pledged to the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness; (12) To issue negotiable bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders therefor; (13) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not expressly prohibited by law; (14) To sell, lease, or otherwise dispose of surplus personal property and to sell, lease, or otherwise dispose of land and any improvements thereon acquired by the authority which the authority may determine is no longer required to accomplish the purposes of this Act, including property which is suitable for industrial development. Any such property may be sold, leased, or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale may be used by the authority to accomplish any of the purposes of this Act; (15) To determine what usage may be made of airports and to determine what classes of aircraft may use particular airports in order to derive the maximum public benefit from all airports; (16) To exercise each and every power that any municipality or any county could exercise, under laws existing at the time this Act becomes law, over airports owned or operated by any municipality or any county; (17) To enter into contracts, leases, or other agreements with federally certificated air carriers, other commercial air carriers, and other commercial users of its airports for the use of such airports under such terms and conditions as it deems appropriate and for such charges, rentals, and fees as it deems appropriate;
Page 4587
(18) To enter into such agreement with any municipality or the county presently operating airports of which the authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality and the county to the authority as the authority deems necessary and appropriate; (19) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered under any state, county, or municipal civil service plan which is available to such employees under the laws of the state or any county or municipality; and (20) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan available to them under the laws of the state or any county or municipality. (b) Notwithstanding any other provision of this Act to the contrary, the authority shall not: (1) Own or maintain aircraft or perform maintenance on aircraft owned by others; (2) Engage in flight instruction, flight charter, or other aircraft for hire business; or (3) Perform maintenance on radios, propellers, or other aircraft accessories. Section 14 . Execution of contracts, leases, and other legal instruments. Any and all contracts, leases, obligations, agreements, and other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals designated in such resolution or in the absence of such designation by the chairman or vice-chairman. Nothing in this provision shall prohibit general resolutions authorizing the executive director or other officers, agents, or employees to execute such contracts, leases, or other legal documents as the authority may prescribe.
Page 4588
Section 15 . Revenue bonds, Revenue Bond Law of 1937 applicable. The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The authority is determined to be a governmental body within the meaning of that law and is authorized to utilize any and all procedures set out herein, and to exercise any and all powers of a governmental body thereunder. The members of the authority shall constitute the governing body as that term is used therein. Nothing in this section shall be construed so as to limit the power of the authority to issue any bonds other than under the Revenue Bond Law which it may legally issue pursuant to Section 13 of this Act. Section 16 . Validation of revenue bonds; location of authority. For purposes of validation of bonds under the Revenue Bond Law, the authority shall be considered to be located in Douglas County. Section 17 . Replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds issued by it which shall be mutilated or destroyed. Section 18 . Bonds; trust indenture as security. (a) In the discretion of the authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside 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 real or personal property of the authority. The resolution providing for the issuance of such bonds or the 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 airports; the maintenance, operation, repair, and insurance of property; and the custody, safeguarding, and application of all moneys of the authority. Such resolution or trust indenture may also: (1) Provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders;
Page 4589
(2) Require that the security given by any contracts and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such trustee or bondholders; or (3) Contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. (b) 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 security as may be required by the authority. Such resolution or trust indenture may set forth rights and remedies of the bondholders and of the trustees 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 resolution or 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 connection with any such trust indenture may be treated as operating expenses of the authority. Section 19 . Revenue bonds; additional powers as to security. In addition to other powers granted in this Act as to the issuance of revenue bonds and security for such bond, the authority shall have the power to enter into any financial and contractual arrangements with users of its airports, including commercial air carriers, which it deems appropriate in order to provide security to bondholders; and for such purposes the authority may also enter into joint agreements, arrangements, or trust indentures with such users and a trustee or trustees under any trust indenture authorized under Section 18 of this Act in order that funds may be procured to accomplish the purposes of this Act at the least possible cost to the authority. Section 20 . Revenue bonds; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to adversely affect the interest and rights of the holders of such bonds. Section 21 . Revenue bonds; exemption from taxation. All revenue bonds issued under the provisions of this Act are declared to
Page 4590
be issued for an essential public and governmental purpose and the said bonds and the income therefrom shall be exempt from all taxation within the state. Section 22 . Bonds as legal investments for trustees and as lawful deposits of securities with public officers. Any bonds issued by the authority under the provisions of this Act are made securities in which all public officers and bodies of this state, all municipalities, all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, savings associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. Section 23 . Property of authority deemed to be public property. It is declared that all property of the authority, held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature and any income or revenue therefrom, is held for an essential public and governmental purpose, and all such property is deemed to be public property. Section 24 . Transfer of airports and related facilities from municipalities and counties to authority; public necessity. The authority may by resolution, at such times as it shall deem appropriate, determine what public airports within its territorial jurisdiction as set out in Section 1 of this Act are necessary to accomplish the purposes of this Act, and may inform the local government owning such airport of such determinations and the proper officials or officers of the local government may convey by deed all of their interest in real property and any other property making up such airports to the authority for a nominal consideration. It is declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety, and convenience.
Page 4591
Section 25 . Transfer of contracts to authority. Upon conveyance of airports to the authority pursuant to Section 24 of this Act, all contracts, commitments, leases, and other obligations of the local government formerly owning the airport in respect to such airport shall be transferred to the authority; and the authority shall stand in the place of the local government for the purposes of such contracts, commitments, leases or other obligations, subject to the provisions of Section 26 of this Act. Section 26 . Conveyances and transfers pursuant to Sections 24 and 25 to be accomplished so as to protect interests of bondholders and others affected thereby. The conveyance of airports and related facilities by local governments to the authority pursuant to Section 24 of this Act, and the transfer of contracts, commitments, leases, and any other obligations to the authority from any local government pursuant to Section 25 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interest of bondholders of any local government affected by such conveyances and transfers and other parties affected thereby. Transfers may be conditioned so as to protect such interests; and the authority and any local government may enter into any agreements with each other or other parties necessary to protect such interests. Section 27 . Airports subject to control of authority. All airports acquired by the authority pursuant to this Act or acquired by the authority in any legal manner and any other property held by the authority, shall be under the control of the authority; and the authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto. Section 28 . Powers of authority limited to airports. All of the powers, general and specific, granted to the authority pursuant to this Act shall be exercised only in regard to airports. The authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and related facilities. However, nothing in this section shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under its control, or purchasing, selling, exchanging, or otherwise acquiring any property from or with same.
Page 4592
Section 29 . Funds of authority to be used only for airports. The funds of the authority, from whatever source derived, shall be used only in support of airports as defined in Section 4 of this Act, but nothing in this section shall prohibit the authority from making any and all expenditures of any kind or nature necessary to support airports. Section 30 . Publication of financial report and budget. The authority shall, at least annually, publish, in the legal newspaper of Douglas County, a statement of sources and expenditures of funds for the previous year and the proposed budget for the following year. Section 31 . Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia; and the members, officers, agents, and employees of the authority in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligence as the officers, agents, and employees of the State of Georgia when in performance of their public duties or work of the state. The authority may be sued in the same manner as private corporations on any contractual obligation of the authority. Section 32 . Taxation of the authority. The property, obligations, and interest on the obligations of the authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations of Douglas County. The exemption from taxation herein provided shall not extend to tenants or lessees of the authority. Section 33 . Dissolution. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to, and be the property of, the county, subject, however, to all rights and encumbrances thereon; and the county, by acceptance thereof, shall fulfill all obligations of the authority. Section 34 . Principal office of authority; service of process. the principal office of the authority shall be in Douglas County. Service of process on the authority may be had upon the executive director or other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state. Section 35 . General repealer. All laws and parts of laws in conflict with this Act are repealed.
Page 4593
Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to create an airport authority for Douglas County; and for other purposes. This 15th day of January, 1983. /s/ Thomas M. Kilgore Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore, who, on oath, deposes and says that he is Representative from the 42nd 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 20, 27, and February 3, 1983. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4594
MILLER COUNTYNEW BOARD OF COMMISSIONERS CREATED. No. 477 (House Bill No. 766). AN ACT To create a board of commissioners in and for Miller County; to provide that the newly created board shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing board of commissioners; to provide that the board of commissioners shall be subject to all constitutional and statutory provisions relating to boards of commissioners of counties; to provide for commissioner districts; to define certain terms; to provide for the initial and subsequent elections of members of the board; to provide for terms of office of members of the board; to provide for election returns; to provide for filling vacancies; to provide for an oath and bond of members of the board; to provide for compensation of the chairman and other members of the board; to provide for meetings of the board; to provide for the election of a chairman and vice-chairman; to provide for the appointment of a clerk by the board; to provide for the qualifications, compensation, and bond of the clerk; to provide for the duties of the clerk; to provide the requirements for purchasing by the board; to provide for the powers and duties of the board; to provide for audits; to provide that agreements of candidates for office as members of the board shall be unlawful and penalties for violations thereof; to provide that no member of the board or other county officer shall be financially interested, directly or indirectly, in any contract to which the county is a party and penalties for violations thereof; 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 . Board of commissioners created. (a) There is created a board of commissioners in and for Miller County to be elected and organized as set forth in this Act, which board of commissioners, also to be known as the board, shall constitute the governing authority of the county. The board shall exercise the powers, duties, and responsibilities vested in and imposed upon said officers by this Act.
Page 4595
(b) The board of commissioners of Miller County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing board of commissioners and shall be subject to all constitutional and statutory provisions relating to boards of commissioners of counties. Section 2 . Commissioner districts. (a) Effective January 1, 1984, for the purpose of electing members of the board of commissioners, Miller County is divided into five commissioner districts as follows: Commissioner District No. 1 Miller Tract 9901 Blocks 101 through 108 and 132 through 144 Those parts of Blocks 172 and 173 inside the City of Colquitt Blocks 176 through 191, 210 through 215, 219, 222 through 230, and 232 Commissioner District No. 2 Miller Tract 9901 Blocks 192 through 199 and 201 through 206 Those parts of Blocks 207, 208, and 295 outside the City of Colquitt Blocks 296 through 299 and 301 through 315 Those parts of Blocks 316, 330, and 331 outside the City of Colquitt Blocks 368 through 387 and 437 through 439
Page 4596
Commissioner District No. 3 Miller Tract 9901 Those parts of Blocks 332 through 334 and 336 outside the City of Colquitt Blocks 337, 341, 350 through 367, 388 through 399, and 401 through 436 Commissioner District No. 4 Miller Tract 9901 Those parts of Blocks 170, 171, 207, and 208 inside the City of Colquitt Blocks 209, 216 through 218, 220, 221, 231, and 233 through 268 Those parts of Blocks 269 and 284 inside the City of Colquitt Blocks 285 through 294 Those parts of Blocks 295 and 316 inside the City of Colquitt Blocks 317 through 329 Those parts of Blocks 330 through 334 inside the City of Colquitt Block 335 That part of Block 336 inside the City of Colquitt Commissioner District No. 5 Miller Tract 9901 Blocks 109 through 131 and 145 through 169
Page 4597
Those parts of Blocks 170 through 173 outside the City of Colquitt Blocks 174 and 175 That part of Block 269 outside the City of Colquitt Blocks 270 through 283 That part of Block 284 outside the City of Colquitt Blocks 338 through 340, 342 through 349, and 440 (b) For the purposes of this section: (1) The terms Tract or Census Tract, Block Group, and Block shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of Miller County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 3 . Election and terms of office of members of the board. (a) The first members of the board of commissioners created by this Act shall be as follows: (1) At the primary and general elections conducted in 1984 at which members of the board of commissioners are elected, the members of the board elected to represent Commissioner Districts 2 and 4 shall each be elected for terms of office of two years and until their successors are elected and qualified. (2) At the primary and general elections conducted in 1984 at which members of the board of commissioners are elected, the
Page 4598
members of the board elected to represent Commissioner Districts 1, 3, and 5 shall each be elected for terms of office of four years and until their successors are elected and qualified. (b) Members elected pursuant to the provisions of subsection (a) of this section shall take office on the first day of January following their election. Successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and they shall take office on the first day of January immediately following their election and they shall each serve for terms of office of four years and until their successors are elected and qualified. (c) (1) No person shall be eligible to qualify as a candidate for election to the board unless he shall have been a bona fide resident of the commissioner district from which he is offering at least one year immediately preceding the date of the election. Candidates shall be elected by a majority vote of the qualified voters within their respective commissioner districts. All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. (2) Notwithstanding the foregoing, commissioner district residency requirements shall not be applicable to candidates qualifying for election to the board in the general primary and the general election conducted in 1984, but a candidate shall be a resident of the commissioner district for which he is offering as a candidate at the time of qualifying. County residency requirements shall be applicable to all candidates qualifying for election to the board in 1984 and in each subsequent election. Section 4 . Election returns; vacancies. All elections for members of the board of commissioners created by this Act shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. In the event of a vacancy in the office of a member of the board whose unexpired term exceeds 180 days, it shall be the duty of the judge of the Probate Court of Miller County to call a special election for the filling of such vacancy, which election shall be governed by the provisions of the Georgia Election Code relative to special elections for the filling of vacancies. The special election shall be conducted within 60 days of the date of the occurrence of the vacancy. In the event the unexpired
Page 4599
term does not exceed 180 days, it shall be the duty of the remaining members of the board to fill the vacancy by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office and until their successors are elected and qualified. Section 5 . Oath and bond. Before entering upon the discharge of their duties, members of the board shall subscribe an oath before the judge of the probate court of said county pledging the true and faithful performance of their duties and attesting that they are not the holders of any unaccounted for public funds. In addition, each member of the board shall post a satisfactory surety bond with the judge of the probate court of the county and payable to the judge of the probate court and his successors in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury. Section 6 . Compensation. (a) (1) The chairman shall be compensated in an amount not less than $1,800.00 nor more than $3,600.00 per annum, payable in equal monthly installments out of the funds of Miller County. The exact amount of compensation payable to the chairman shall be fixed by the board upon a motion duly made and adopted and recorded in the book of minutes of the board. (2) Members of the board, other than the chairman, shall be compensated in an amount not less than $1,200.00 nor more than $3,000.00 per annum, payable in equal monthly installments out of the funds of Miller County. The exact amount of compensation shall be fixed by the board upon a motion duly made and adopted and recorded in the book of minutes of the board. (3) Except as otherwise provided by subsection (b) of this section, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman or any member of the board shall be entitled. The chairman and other members of the board shall not be entitled to any additional compensation for serving on any other boards or authorities by virtue of their office. (b) The board may provide by ordinance or resolution for the reimbursement from county funds of actual and necessary expenses
Page 4600
incurred by the chairman and other members of the board in carrying out their official duties. Section 7 . Meetings. The board shall hold regular meetings on the first Tuesday of each month at the county courthouse, which meetings shall be open to the public. The board may hold special meetings as may be necessary when called by the chairman or any two members of the board. All members of the board must be notified at least one day in advance of any special meeting. No official action shall be taken by the board except at a meeting which is open to the public. Three members of the board shall constitute a quorum, and a majority of a quorum may transact any business which may come before the board. The chairman shall be entitled to the same voting rights as other members of the board on any business transacted by the board. Section 8 . Chairman and vice-chairman. At the first regular meeting in January of each year, the board shall elect from its members a chairman and vice-chairman by a majority vote. The chairman shall preside at all meetings of the board. The vice-chairman shall preside at meetings of the board in the absence of the chairman. Both the chairman and vice-chairman shall serve for the current calendar year and until their successors are elected and qualified. In the event of a vacancy in the office of chairman or vice-chairman, the board shall elect a new chairman or vice-chairman by a majority vote to serve for the remainder of the calendar year and until his successor is elected and qualified. Section 9 . Clerk. (a) The board is authorized to appoint a clerk. Any citizen who is not an elected officer of Miller County shall be eligible to hold the office of clerk of the board and shall receive a salary for services rendered to be fixed by the board, which salary shall be paid in equal monthly installments out of the funds of Miller County. The clerk before entering upon the duties of office shall post a bond written by a responsible surety company authorized to do business in Georgia in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office and payable to the judge of the Probate Court of Miller County and his successors in office. The bond shall be approved by the board and filed in the office of the judge of the probate court. The premium on the bond shall be paid by the county.
Page 4601
(b) The clerk shall keep minutes of all meetings of the board, an inventory of all properties, and such books and records as may be required of him by the board, and to perform such other acts as may be required by law or by the board. The clerk shall serve at the pleasure of the board. Section 10 . Purchasing. The board, or its duly appointed agents, shall purchase all equipment, material, and supplies necessary for the county, of such kind and quality and in such quantities as may be needed, and wherever practicable, purchases of all equipment, materials, and supplies shall be by competitive bids, which bids shall be kept on file in the office of the clerk of the board and subject to inspection by the grand jury or other interested citizens. All purchases shall be charged to Miller County; and before being submitted to the board for approval, bills shall be audited and payment therefor recommended by the parties making such purchase or purchases; and if approved at a regular meeting of the board, approval shall be endorsed on said bills by the chairman. All bills shall be paid by check which shall be signed by the chairman and clerk, except that in the absence of the chairman, the vice-chairman shall be authorized to sign checks. Section 11 . Powers and duties of the board. The board is vested with exclusive jurisdiction and control over the following, to-wit: (1) Directing, controlling, conveying, and preserving all property of the county according to law; (2) Levying of taxes according to law; (3) Establishing, altering, abolishing public roads, private roads, private ways, bridges, and ferries according to law; (4) Establishing, abolishing, or changing election precincts and militia districts according to law; (5) Examining the tax commissioner's books; (6) Allowing the insolvent lists, for said county, according to law; (7) Settling all claims against the county;
Page 4602
(8) Examining and auditing all claims and accounts of officers responsible for the collection, management, or disbursement of money belonging to the county; (9) Controlling, caring for, and managing county prisoners according to law; (10) Making rules, regulations, and provisions for the support of the poor of the county according to law; (11) Promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics according to law; (12) Regulating and fixing license fees as may be provided by law; (13) Suing and being sued in the name of Miller County; (14) Exercising the power of eminent domain in the manner prescribed by law; (15) Exercising such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance; (16) Selecting and appointing all county officers whose election or appointment is not otherwise fixed by law; (17) Employing a competent attorney at law, resident of the county, as county attorney to advise the board and represent the county in such matters as the board may direct, who shall be paid such compensation out of the regular funds of the county, as determined by agreement between the board of commissioners and the county attorney, with the power to fix his term of office or to discharge him at any time; and (18) Exercising all of the powers and authority heretofore vested by law in the judge of the probate court when sitting for county purposes, together with the powers and authority which may now exist or may hereafter be delegated by law to the governing authority of the county, by whatever name designated.
Page 4603
Section 12 . Audits. The board shall on or before July 31 annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist and reporting the results of such audit to the board at least annually. Each annual report submitted to the board shall be filed with the board and be made available for public inspection as other records in such office. The board shall cause to be posted at the courthouse a statement of the financial condition of the county as of June 30 of each year. Section 13 . Agreement of candidates. It shall be unlawful for any candidate for office as a member of the board, or for nomination to such office, 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 board, and any person who violates this section shall be guilty of a misdemeanor. Section 14 . Officials not to be interested in contracts. No member of the board or any other county officer empowered to expend 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 member of the board, officer, partner, agent, servant, or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contracts made in violation of any of the foregoing provisions shall be illegal and the person who violates this section shall be removed from office upon proper proceedings instituted by any taxpayer of the county in accordance with the provisions of Code Section 36-1-14 of the O.C.G.A., relating to the purchase of goods or property by interested county officers with county funds. Section 15 . Specific repealer. An Act creating a board of commissioners of Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended by an Act approved August 7, 1912 (Ga. L. 1912, p. 431), an Act approved July 31, 1913 (Ga. L. 1913, p. 420), an Act approved August 2, 1924 (Ga. L. 1924, p. 352), an Act approved July 17, 1925 (Ga. L. 1925, p. 705), an Act approved July 19, 1927 (Ga. L. 1927, p. 630), an Act approved July 19, 1929, (Ga. L. 1929, p. 673),
Page 4604
an Act approved July 19, 1929 (Ga. L. 1929, p. 674), an Act approved August 5, 1929 (Ga. L. 1929, p. 675), an Act approved March 3, 1943 (Ga. L. 1943, p. 1084), an Act approved February 25, 1949 (Ga. L. 1949, p. 1913), an Act approved February 5, 1952 (Ga. L. 1952, p. 2059), an Act approved February 8, 1955 (Ga. L. 1955, p. 2256), an Act approved February 20, 1957 (Ga. L. 1957, p. 2194), an Act approved March 28, 1961 (Ga. L. 1961, p. 2656), an Act approved February 28, 1966 (Ga. L. 1966, p. 2063), an Act approved February 28, 1966 (Ga. L. 1966, p. 2303), an Act approved March 31, 1967 (Ga. L. 1967, p. 2386), an Act approved March 29, 1968 (Ga. L. 1968, p. 2912), an Act approved February 27, 1975 (Ga. L. 1975, p. 2542), an Act approved February 27, 1975 (Ga. L. 1975, p. 2575), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4247), is repealed in its entirety. Section 16 . General repealer. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to create Board of Commissioners for Miller County, Georgia to provide for the powers, duties and responsibilities of said board; to provide for the composition of said board; to provide for the election of the members of said board by districts; to provide for the selection of a chairman and vice-chairman of said board; to provide for an oath and bond for the members of said board; to provide for the filling of vacancies in membership on said board; to provide for the compensation of the members of said board, including the chairman and vice-chairman; to repeal an act creating a board of commissioners of roads and revenues for Miller County, approved August 22, 1905, (Ga. L. 1905, p. 569), as amended; and for other purposes. This 4th day of January, 1983. Danny S. Shepard Attorney for Miller County
Page 4605
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 is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of Miller County, on the following dates: January 6, 13, 20, 1983. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. JASPER COUNTYOFFICE OF TREASURER ABOLISHED. No. 479 (House Bill No. 590). AN ACT To abolish the office of treasurer of Jasper County; to provide for the county depositories; to transfer the duties, powers, responsibilities,
Page 4606
and functions of the treasurer to the clerk of the board of commissioners of Jasper County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Effective December 31, 1984, or upon a vacancy occurring in the office of treasurer of Jasper County prior to that date, the office of treasurer of Jasper County shall stand abolished. Section 2 . The governing authority of Jasper County annually shall appoint a depository or depositories of all funds of Jasper County. All county funds which were paid to the treasurer shall be paid to the clerk of the board of commissioners of Jasper County and shall be deposited in said county depository or depositories. Section 3 . The clerk of the board of commissioners of Jasper County shall exercise all the duties, responsibilities, powers, and functions relative to the receiving and transferring of county funds heretofore exercised by the treasurer. The clerk of the board of commissioners shall hold no other elective or appointive office. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced in the 1983 regular session of the General Assembly a bill abolishing the office of treasurer of Jasper County; and providing for other matters relative to the foregoing; and for other purposes. This the 17th day of January, 1983. Kenneth Waldrep Representative, District 80
Page 4607
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County, on the following dates: January 20, 27, and February 3, 1983. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 11th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. COLUMBIA COUNTYCOMPOSITION OF COMMISSIONER DISTRICTS CHANGED, ETC. No. 480 (House Bill No. 537). AN ACT To amend an Act creating a new board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), so
Page 4608
as to change the composition of districts from which members are elected; to provide for the election of members from new commissioner districts; to provide for terms of office; to provide that a vacancy shall be created in the office of any member who no longer resides within the district from which he was elected; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. There is established in the County of Columbia a board of commissioners, which shall be the governing authority of said county and shall be composed of five members as hereinafter provided. For the purpose of electing members of the board, Columbia County is divided into five commissioner districts as follows: Commissioner District No. 1 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Washington Road intersects Columbia Road; running thence in a northwesterly direction along the centerline of Washington Road to Reed Creek; running thence in an easterly direction down the thread of the stream of Reed Creek to the centerline of Fury's Ferry Road; running thence in a northwesterly direction along the centerline of Fury's Ferry Road to Evans to Locks Road; running thence in an easterly direction along the centerline of Evans to Locks Road to the Savannah River; running thence in a northwesterly direction up the thread of the Savannah River to its confluence with Uchee Creek; running thence southerly up the thread of Uchee Creek to its confluence with Tudor Branch; running thence southerly up the thread of Tudor Branch to its confluence with Crawford Creek; running thence southeasterly up the thread of Crawford Creek to the centerline of Columbia Road; running thence in an easterly direction along the centerline of Columbia Road to its intersection with Washington Road and the point of BEGINNING.
Page 4609
Commissioner District No. 2 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Willowood Drive intersects the boundary line between Columbia County and Richmond County; running thence in a westerly direction along the centerline of Willowood Drive to its intersection with Maywood Drive; running thence in a northerly direction along the centerline of Maywood Drive to its intersection with Columbia Road; running thence in an easterly direction along the centerline of Columbia Road to its intersection with Washington Road; running thence in a northwesterly direction along the centerline of Washington Road to Reed Creek; running thence in an easterly direction down the thread of Reed Creek to Fury's Ferry Road; running thence in a northwesterly direction along the centerline of Fury's Ferry Road to its intersection with Evans to Locks Road; running thence in an easterly direction along the centerline of Evans to Locks Road to the Savannah River; running thence in a southeasterly direction down the thread of the Savannah River to the point of its intersection with the Richmond County Line; running thence in a southwesterly direction along the boundary line of Columbia County and Richmond County to its intersection with Willowood Drive and the BEGINNING. Commissioner District No. 3 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Wrightsboro Road intersects the boundary line between Columbia County and Richmond County, Georgia; running thence in a westerly direction along the centerline of Wrightsboro Road to its intersection with the city limits of Grovetown, Georgia; running thence in a northerly and westerly direction along the city limits of Grovetown, Georgia to its intersection with Lewiston Road; running thence in a northerly direction along the centerline of Lewiston Road to its intersection with Interstate Highway 20; running thence in a westerly direction along the centerline of Interstate Highway 20 to Uchee Creek; running thence in a southerly and westerly direction up the thread of Euchee Creek to its origin; running thence due west to Georgia State Highway 47; running thence in a northerly direction along the centerline of Georgia State Highway 47 to its intersection with Fairview Drive; running thence in a southwesterly direction along the centerline of Fairview Drive to its intersection with Sawdust Road; running thence in a southwesterly direction along the centerline of Sawdust Road to its intersection
Page 4610
with U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to the boundary line between Columbia County and McDuffie County, Georgia; running thence in a southerly direction along the Columbia County and McDuffie County line to a point where it intersects with the Richmond County Line; running thence in a northeasterly direction along the Columbia County and Richmond County Line to a point where it intersects Wrightsboro Road and the point of BEGINNING. Commissioner District No. 4 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Wheeler Road intersects the boundary line between Columbia County and Richmond County; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with Beverly Road; running thence in a northerly direction along the centerline of Beverly Road to its intersection with Avery Avenue; running thence in a westerly direction along the centerline of Avery Avenue to its intersection with County Road 388; running thence in a southerly and westerly direction along the centerline of County Road 388 to its intersection with Wheeler Road; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with South Belair Road and Old Belair Road; running thence in a westerly and northerly direction along the centerline of Old Belair Road to its intersection with Columbia Road; Running thence in a westerly direction along the centerline of Columbia Road to Euchee Creek; running thence in a northerly direction down the thread of Euchee Creek to its confluence with Tudor Branch; running thence in a southerly direction up the thread of Tudor Branch to its confluence with Crawford Creek; running thence in a southeasterly direction up the thread of Crawford Creek to its intersection with Columbia Road; running thence in an easterly direction along the centerline of Columbia Road to its intersection with Maywood Drive; running thence in a southerly direction along the centerline of Maywood Drive to its intersection with Willowood Drive; running thence in an easterly direction along the centerline of Willowood Drive to its intersection with the Columbia County and Richmond County Line; running thence in a southwesterly direction along the Columbia County and Richmond County Line to its intersection with Wheeler Road and the BEGINNING.
Page 4611
Commissioner District No. 5 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Wrightsboro Road intersects the boundary line between Columbia County and Richmond County, Georgia; running thence in a westerly direction along the centerline of Wrightsboro Road to its intersection with the city limits of Grovetown, Georgia; running thence in a northerly and westerly direction along the city limits of Grovetown, Georgia to its intersection with Lewiston Road; running thence in a northerly direction along the centerline of Beverly Road to its intersection with Avery Avenue; running thence in a westerly direction along the centerline of Avery Avenue to its intersection with County Road 388; running thence in a southerly and westerly direction along the centerline of County Road 388 to its intersection with Wheeler Road; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with South Belair Road and Old Belair Road; running thence in a southerly and westerly direction up the thread of Uchee Creek to its origin; running thence due west to Georgia State Highway 47; running thence in a northerly direction along the centerline of Georgia State Highway 47 to its intersection with Fairview Drive; running thence in a southwesterly direction along the centerline of Fairview Drive to its intersection with Sawdust Road; running thence in a southwesterly direction along the centerline of Sawdust Road to its intersection with U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to the boundary line between Columbia County and McDuffie County; running thence in a northerly direction along the Columbia County and McDuffie County line to a point it intersects the boundary line between Columbia County and Lincoln County; running thence in generally easterly direction along the boundary line between Columbia County and Lincoln County to a point where it intersects with the boundary line between the State of Georgia and the State of South Carolina; running thence in a southeasterly direction along the boundary line between the State of Georgia and the State of South Carolina to the confluence of Uchee Creek; running thence in a southerly direction up the thread of Uchee Creek to Columbia Road; running thence in an easterly direction along the centerline of Columbia Road to its intersection with Old Belair Road; running thence in a southerly and easterly direction along the centerline of Old Belair Road to its intersection with South Belair Road and Wheeler Road; running thence in an easterly direction along the centerline of
Page 4612
Wheeler Road to a point where it intersects with County Road 388; running thence in a northerly and easterly direction along the centerline of County Road 388 to its intersection with Avery Avenue; running thence in an easterly direction along the centerline of Avery Avenue to its intersection with Beverly Road; running thence in a southerly direction along the centerline of Beverly Road to its intersection with Wheeler Road; running thence in an easterly direction along the centerline of Wheeler Road to a point where it intersects at the Columbia County and Richmond County line; running thence in a southwesterly direction along the Columbia County and Richmond County line to it intersection with Wrightsboro Road and the point of BEGINNING. Section 2 . Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The present members of the board of commissioners of Columbia County shall continue to serve out the terms of office for which they were elected and until their successors are elected and qualified as provided in this section. Members of the board of commissioners shall be deemed to represent the commissioner district provided for in Section 1, which number corresponds to the commissioner district for which they were elected. Beginning with the primary and general elections held in 1984 and thereafter at which members of the board of commissioners are elected, members shall be elected from the commissioner districts provided for in Section 1. (b) At the general election of 1984, new members from Commissioner Districts 3, 4, and 5 shall be elected. Members elected from Commissioner District 3, 4, and 5 shall take office on the first day of January following their election and shall serve for a term of four years. At the general election of 1986, new members from Commissioner Districts 1 and 2 shall be elected. Members elected from Commissioner Districts 1 and 2 shall take office on the first day of January following their election and shall serve for a term of four years. Thereafter, successors to the members of the board shall be elected in the general election in which their terms of office shall expire, shall take office on the first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified. In order to be elected as a
Page 4613
member of the board from a commissioner district, a candidate shall be a bona fide resident of such district. One member of the board shall be from each district. Each member of the board shall be elected by the qualified voters of the entire county. (c) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. (d) A vacancy shall be created in the office of any member of the board of commissioners who no longer resides within the district from which he was elected. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of this state of Georgia a bill to amend an act creating the Board of Commissioners of Columbia County. Approved August 18, 1927 (Georgia Laws 1927, Page 549, as amended, and for other purposes). This 3rd day of January, 1983. William S. Jackson Representative, 83rd District
Page 4614
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 is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbia News which is the official organ of Columbia County, on the following dates: January 5, 12, 19, 1983. /s/ William S. Jackson Representative, 83rd District Sworn to and subscribed before me, this 8th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. CITY OF SUMMERVILLEPOSITION OF CITY MANAGER CREATED. No. 481 (House Bill No. 486). AN ACT To amend an Act creating a new charter for the City of Summerville in Chattooga County, approved March 28, 1961 (Ga. L.
Page 4615
1961, p. 2658), as amended by an Act approved March 27, 1965 (Ga. L. 1965, p. 2703), an Act approved April 1, 1965 (Ga. L. 1965, p. 3173), an Act approved February 27, 1970 (Ga. L. 1970, p. 2211), an Act approved March 16, 1971 (Ga. L. 1971, p. 2111), an Act approved March 27, 1972 (Ga. L. 1972, p. 2694), an Act approved April 3, 1972 (Ga. L. 1972, p. 3488), an Act approved March 28, 1973 (Ga. L. 1973, p. 2311), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3515), so as to create the position of city manager; to prescribe the qualifications, powers, duties, tenure, and compensation of the city manager; 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 new charter for the City of Summerville in Chattooga County, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended by an Act approved March 27, 1965 (Ga. L. 1965, p. 2703), an Act approved April 1, 1965 (Ga. L. 1965, p. 3173), an Act approved February 27, 1970 (Ga. L. 1970, p. 2211), an Act approved March 16, 1971 (Ga. L. 1971, p. 2111), an Act approved March 27, 1972 (Ga. L. 1972, p. 2694), an Act approved April 3, 1972 (Ga. L. 1972, p. 3488), an Act approved March 28, 1973 (Ga. L. 1973, p. 2311), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3515), is amended by adding following Section 5 a new Section 5.1 to read as follows: Section 5.1. (a) The mayor and council of the City of Summerville shall select and appoint a city manager for the City of Summerville, who shall, subject to the control, direction, and supervision of the mayor and council, be the head of the administrative branch of the municipal government of the City of Summerville and responsible for the efficient administration of all departments of said municipal government. (b) The city manager shall be chosen solely on the basis of ability, training, and experience. At the time of his appointment he need not be a resident of the city or state but during his tenure of office he shall reside within the city. No person elected to be mayor or councilman of the City of Summerville shall, subsequent to such election, be eligible for appointment as city manager until after one year has elapsed following the expiration of the term for which he was
Page 4616
elected. Neither the city manager nor any other officer or employee of any department under him shall campaign or solicit votes for or contract any money towards the election or nomination of any person as mayor or councilman of the city, except to answer such questions as may be put and that they may desire to answer. Any violation of this section shall subject the offender to removal from office. (c) The city manager shall be appointed for an indefinite term and shall hold office until he shall be removed as provided in this subsection. The mayor and council of the City of Summerville may remove the city manager at any time within six months after his appointment and qualification at the will of said mayor and council, but the city manager shall not thereafter be removed from office until served with written charges and given a public hearing before the mayor and council. During any suspension or disability of said city manager, the mayor and council shall designate some properly qualified person to perform the duties of the office. (d) The mayor and council may designate a person or persons to perform the functions and duties of the city manager during his absence or disability. Vacancies in the office of city manager shall be filled by the mayor and council as early as practicable and, until such vacancy is filled, the mayor and council shall perform the functions and duties of the office. (e) The city manager shall receive such compensation as may from time to time be prescribed by ordinance or resolution of the mayor and council. (f) The city manager shall devote his full time and attention to the affairs of the city and shall be responsible to the mayor and council for the efficient administration of all the affairs of the city over which he has jurisdiction. (g) Subject to the control, direction, and supervision of the mayor and council, the city manager shall have power and it shall be his duty: (1) To see that all laws and ordinances are enforced; (2) To see that the business and affairs of the city are efficiently organized and handled;
Page 4617
(3) To exercise administrative control over all regular departments and divisions of the City of Summerville; (4) To recommend to the mayor and council for appointment or election all officers which said mayor and council may have authority to appoint or elect. Such appointees shall appoint and remove all subordinate officers and employees in their respective offices and departments with the approval of the city manager and the city council. Upon failure of such appointees or city manager to act in making such appointments and removals, the mayor and council shall have full power and authority to act. Nothing herein shall prevent the mayor and council from creating, abolishing, consolidating, altering, or modifying departments; (5) To suspend any city employee until the next regular meeting of the city council. It shall be the duty of the city council at the next regular meeting following the suspension of any city employee by the city manager to either affirm or reject the action of the city manager. In the event that the city council shall affirm the action of the city manager, such employee shall be considered to have been dismissed from city employment as of the date of his suspension by the city manager. In the event that the city council shall reject the action by the city manager, the city employee shall be reinstated with all the former benefits of his employment, including the right to be paid his regular compensation from the date of his suspension; (6) To attend the meetings of the mayor and council, with the right to take part in all discussions but having no vote; (7) To recommend to the mayor and council for adoption such measures as he may deem necessary or expedient; (8) To prepare and submit to the mayor and council an annual budget; (9) To keep the mayor and council fully advised as to the financial condition and needs of the city; (10) To make and execute all lawful contracts on behalf of the City of Summerville as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the mayor and council. However, no contract,
Page 4618
purchase, or obligation involving more than $500.00 shall be valid or binding until approved by the mayor and council; and without the approval of the mayor and council neither the city manager nor any other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget therefor, as fixed by the mayor and council. No department head of the City of Summerville shall make any purchase on behalf of said city without a written purchase order signed by the city manager; (11) To make to the mayor and council monthly written reports showing his acts and doings, the operations of the city, and all city disbursements, purchases, contracts, and obligations; (12) To perform such other duties as may be required by ordinance or resolution of the mayor and council; and (13) To give bond in the penal sum fixed by the mayor and council, with surety approved by the mayor and council, payable to the City of Summerville and its successors and assigns, for the benefit of the said City of Summerville and for the use and benefit of the public, to secure and indemnify the City of Summerville and each and all of the public, by reason of his default, misfeasance, malfeasance, or nonfeasance in the performance of his duties. The premiums for such bonds shall be paid by the City of Summerville. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Summerville in Chattooga County, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended by an Act approved March 27, 1965 (Ga. L. 1965, p. 2703), an Act approved April 1, 1965 (Ga. L. 1965, p. 3173), an Act approved
Page 4619
February 27, 1970 (Ga. L. 1970, p. 2211), an Act approved March 16, 1971 (Ga. L. 1971, p. 2111), an Act approved March 27, 1972 (Ga. L. 1972, p. 2694), an Act approved April 3, 1972 (Ga. L. 1972, p. 3488), an Act approved March 28, 1973 (Ga. L. 1973, p. 2311), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3515), so as to create the position of city manager; to prescribe the qualifications, powers, duties, tenure, and compensation of the city manager; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 8th day of Jan., 1983. John A. Crawford Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford, who, on oath, deposes and says that he Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 13, 20, 27, 1983. /s/ John Crawford Representative, 5th District Sworn to and subscribed before me, this 7th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4620
TOWNS COUNTY PROBATE JUDGEMODE OF COMPENSATING CHANGED, ETC. No. 482 (House Bill No. 642). AN ACT To abolish the present mode of compensating the judge of the Probate Court of Towns County, known as the fee system; to provide in lieu thereof an annual salary; to provide for reimbursement of actual and necessary expenses; 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 the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the judge of the Probate Court of Towns County, known as the fee system, is 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 $18,000.00, beginning on July 1, 1983, payable in equal monthly installments from county funds. Section 3 . In addition to compensation provided for in Section 2 of this Act, the judge of the probate court shall be reimbursed for actual and necessary expenses incurred in carrying out his official duties as the governing authority of Towns County. Section 4 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures,
Page 4621
commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public moneys, and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. Section 5 . The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Section 6 . This Act shall become effective on July 1, 1983. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to provide an annual salary for the Judge of the Probate Court of Towns County; and for other purposes. This 7th day of January, 1983. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation
Page 4622
was published in the Towns County Herald which is the official organ of Towns County, on the following dates: January 14, 21, 28, 1983. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 15th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. COBB COUNTYCOMPENSATION OF CERTAIN OFFICIALS CHANGED. No. 483 (House Bill No. 694). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, 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 February
Page 4623
9, 1949 (Ga. L. 1949, p. 427), as amended, is 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 clerk of the superior court shall receive an annual salary of $34,821.00, to be paid in equal monthly installments from the funds in the county treasury. (b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $31,535.00, to be paid in equal monthly installments 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. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1983 session of the General Assembly of Georgia, a bill
Page 4624
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 31st day of December, 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder 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 is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ George W. Darden Representative, 20th District
Page 4625
Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. CITY OF WATKINSVILLENEW CORPORATE CHARTER. No. 484 (House Bill No. 708). AN ACT To create and incorporate the City of Watkinsville in the County of Oconee and 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 and 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 for school buildings and equipments for same, sewers, electric lights, and water works; 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, concern, and welfare; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 4626
Be it enacted by the General Assembly of Georgia: ARTICLE I CHARTER, INCORPORATION, POWERS Section 1.10 . Incorporation. The City of Watkinsville, Georgia, in the County of Oconee, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Watkinsville, 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 Watkinsville shall extend one mile equidistant in every direction from a point where the northeasterly side of Georgia Highway 15 (Greensboro Highway) intersects with the southeasterly side of Barnett Shoals Road, said point being located twenty feet from the center line of the Barnett Shoals Road and forty feet from the extended centerline of Georgia Highway 15, in Oconee County. 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 Watkinsville, 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;
Page 4627
(3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn 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 22 of the O.C.G.A. 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; 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; 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;
Page 4628
(10) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; (11) To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, 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 to 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 Title 22 of the O.C.G.A. or other applicable public Acts as are or may be enacted; (13) To require real-estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) To 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; and to prohibit or
Page 4629
regulate by ordinance such other conduct and activities within the City of Watkinsville which, while not constituting offenses against the laws of this state are, nevertheless, deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (16) To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of intoxicating liquids and liquors; the use and sale of firearms; the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; (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 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;
Page 4630
(24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and 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; and 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 ensure 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 or a sewer service charge, fee, or tax for the use of sewers, or both; 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 ensure the acquiring, constructing, equipping, maintaining, and extending of a waterworks system; to levy on the users of the waterworks system a connection fee, service charge, fee, or tax for the use of the waterworks system; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (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 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,
Page 4631
gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; (31) To provide that persons given jail sentences in the 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 correctional institution 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 ordinance 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 retirement for officers and employees of the city; (36) To levy and provide for the collection of special assessments to cover the costs of any public improvements; (37) To enter into contracts and agreements with other government entities and with 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;
Page 4632
(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 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.
Page 4633
Section 1.14 . Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the City of Watkinsville 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 Watkinsville, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11 . 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 council member unless he shall have been a resident of the city for a period of one year immediately prior to the date of the election of mayor or members of the council, shall continue to reside therein during his period of service, shall be registered and qualified to vote in municipal elections of the City of Watkinsville, and shall have attained the age of 21 years at the beginning of the term. Section 2.12 . Vacancy; forfeiture of office; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter of the laws of the State of Georgia.
Page 4634
(b) The mayor or any council member shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13 . Compensation and expenses. The mayor and 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) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this section shall not apply to any person holding employment on the effective date of this Act. (b) Neither the mayor nor any 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 shall be vested with all the powers of government of the City of Watkinsville as provided by Article I of this charter.
Page 4635
(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 Watkinsville and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may by ordinance change, create, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. 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 council members 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 of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record.
Page 4636
Section 2.19 . Quorum, voting. The mayor or mayor pro tempore and three 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 Watkinsville hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.22 of this charter. 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 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 Watkinsville 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 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 contain, after the enacting clause, a
Page 4637
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 eixists. 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 Watkinsville, Georgia, 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 date and at the time of the first regular meeting in January following the city elections. Prior to entering upon office, the oath of office shall be administered to the newly elected members by the mayor, 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 member of council as the case may be) of the City of Watkinsville, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. (b) The council shall have the right to elect one of its members to serve as mayor pro tempore for a two-year term of office.
Page 4638
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 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 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 disapproved part or parts of any ordinance making appropriations shall not become law unless subsequently passed by the city 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 Watkinsville and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Page 4639
Section 2.28 . Chief executive officer. The mayor shall be the chief executive of the City of Watkinsville. 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 . Term, 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 Watkinsville, shall have attained the age of 21 years before the beginning of his term, and shall have been a resident of the City of Watkinsville for a period of one year immediately preceding his election. He shall continue to reside in the City of Watkinsville during the period of his service. Section 2.30 . Duties of mayor. As the chief executive officer of the City of Watkinsville 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 take affidavits; (4) Sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (7) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (8) Call special meetings of the council as provided for in Section 2.19 of this charter;
Page 4640
(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 employer 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.
Page 4641
(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 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.
Page 4642
(e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council. (h) Except as otherwise provided 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 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 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.
Page 4643
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 Watkinsville 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 (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Watkinsville.
Page 4644
ARTICLE IV MUNICIPAL COURT Section 4.10 . Municipal court; creation. There is established a court to be known as the Municipal Court of the City of Watkinsville 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 and the mayor and the mayor pro tempore may serve as the judge and the judge pro tempore, respectively. 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 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.
Page 4645
Section 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Watkinsville 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 five 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 60 days, or both, and, as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 60 days. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (c) The municipal court shall have authority to establish bail and recognizances to ensure 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 execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge, declared forfeited to the City of Watkinsville or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
Page 4646
(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 Watkinsville 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 Oconee County from the mayor's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15 . Rules for court. With the approval of 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 municipal 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 election; time for holding. An election shall be conducted annually in the City of Watkinsville, at such place or places as may be designated by the mayor and council, on the third Wednesday in September. Persons elected shall each serve for a term of office for two years or until their successors are elected and qualified, beginning in January of the year following said election. Candidates for council member must designate one of five posts in which they seek election. The office of mayor and council post one
Page 4647
and two shall be filled at the election held in odd-numbered years. Council post three, four, and five shall be filled at the election held in even-numbered years. Section 5.11 . Qualifying; voting procedures. The council may by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of the elections in the City of Watkinsville. Section 5.12 . Applicability of general laws. The procedures and requirements for election of all elected officials for the City of Watkinsville as to primary, special, or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code (Chapter 3 of Title 21 of the O.C.G.A.) 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 as now or hereafter amended. Section 5.14 . Election of council members by plurality and mayor by majority. The candidates for council posts receiving the most votes or a plurality of the votes cast for a respective post shall be declared elected as council member for the particular post for which they qualified. The candidate receiving a majority of the votes cast for the office of mayor shall be declared elected as mayor. 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;
Page 4648
(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 Oconee County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed with the Superior Court of Oconee County as provided by law. 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 Watkinsville. 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
Page 4649
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, excise taxes. The council shall have full power to levy by ordinance such license or specific or occupation taxes upon the residents of Watkinsville, 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 any 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 limits of the city, said fees to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer 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 the city property taxes. Section 6.15 . Sanitary and health service 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
Page 4650
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 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 assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16 . 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 12 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 or mayor 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 6.18 . 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
Page 4651
and to the same extent as provided by Georgia law governing sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.19 . 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 6.20 . General obligation bonds. The council shall have the power to issue bonds to raise revenue for any project, program, or venture authorized under this charter or the general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21 . Revenue bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended or by any other Georgia law as now or hereafter provided. Section 6.22 . Short-term notes. Pursuant to applicable state law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.23 . 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
Page 4652
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 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 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 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 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 Watkinsville.
Page 4653
(b) The council may sell and convey any real or personal property owned or held by the City of Watkinsville 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 . Official bonds. The officers and employees both elected and appointed of the City of Watkinsville shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.11 . Existing ordinances and regulations. Existing ordinances and regulations of the City of Watkinsville 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 or departments or agencies of the City of Watkinsville not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended.
Page 4654
Section 7.12 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings initiated under the former charter of the City of Watkinsville shall continue, and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or office as may be provided by the city council. Section 7.13 . Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.14 . Penalties. The violation of any provision of this charter for which a penalty is not specifically provided herein is declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed three months or both such fine and imprisonment. Section 7.15 . 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 7.16 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudictaion 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 7.17 . Specific repealer. An Act reincorporating the Town of Watkinsville in the County of Oconee, approved August 29,
Page 4655
1891 (Ga. L. 1891, p. 720) is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.18 . Effective date. This Act shall become effective upon approval by the Governor or upon its becoming law without his approval. Section 7.19 . Repealer. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, an Act to reincorporate and provide a new charter for the City of Watkinsville in Oconee County; to provide for the corporate limits and government of the city; to provide for all related matters; to repeal an Act reincorporating the Town of Watkinsville in Oconee County, approved August 29, 1891 (Ga. L. 1891, p. 720); and for other purposes. This 10th day of January, 1983. E. Roy Lambert Representative, 66th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County, on the following dates: January 20, 27, and February 3, 1983. /s/ E. Roy Lambert Representative, 66th District
Page 4656
Sworn to and subscribed before me, this 14th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. CARROLL COUNTYOFFICE OF COMMISSIONER CREATED. No. 485 (House Bill No. 715). AN ACT To create the office of commissioner of Carroll County; to provide that the newly created office shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing office of commissioner of Carroll County; to provide that the office of commissioner shall be subject to all constitutional and statutory provisions relating to boards of commissioners of counties; to provide for the election and term of office of the commissioner; to provide for filling vacancies; to provide for an oath and bond; to provide for the compensation of the commissioner; to provide for meetings of the commissioner; to authorize the commissioner to appoint a clerk; to provide for purchasing procedures; to authorize the commissioner to appoint a superintendent of roads and bridges; to provide for audits; to provide for powers and duties of the commissioner; to authorize the
Page 4657
commissioner to receive contributions; to provide for other matters relative to the foregoing; to repeal a specific Act of the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Office of commissioner of Carroll County created. (a) There is created in and for the County of Carroll the office of commissioner of Carroll County. The commissioner of Carroll County shall constitute the governing authority of said county, and he shall exercise the powers, duties, and responsibilities vested in said office. (b) The office of commissioner of Carroll County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing office of commissioner of Carroll County and shall be subject to all constitutional and statutory provisions relating to boards of commissioners of counties. Section 2 . Election and term of office of commissioner of Carroll County. The present commissioner of Carroll County shall continue to serve until December 31, 1984. An election for commissioner of Carroll County shall be conducted in 1984 and every four years thereafter on the date of the general election, and said commissioner shall assume office on January 1 immeidiately succeeding the election and he shall hold office for four years and until his successor is elected and qualified. Section 3 . Vacancies. (a) In the event of a vacancy in the office of commissioner of Carroll County for any reason other than expiration of a term of office, it shall be the duty of the judge of the Probate Court of Carroll County to issue the call for a special election, within five days after the occurrence of the vacancy, to fill said vacancy. The special election shall be conducted in accordance with the Georgia Election Code, as now or hereafter amended. (b) The judge of the Probate Court of Carroll County shall exercise the powers, duties, and responsibilities of the commissioner of Carroll County until such time as a successor is elected to fill the office of commissioner of Carroll County. Section 4 . Oath and bond. Before entering upon the discharge of his duties, the commissioner shall subscribe an oath before the judge
Page 4658
of the Probate Court of Carroll County for the true and faithful performance of his duties and that he is not the holder of public funds unaccounted for. In addition, the commissioner shall further give a satisfactory surety bond approved by and payable to the judge of the Probate Court of Carroll County and filed in the office of the judge of the probate court, in the sum of $25,000.00, conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Carroll County. Section 5 . Compensation of commissioner. The commissioner of Carroll County shall be compensated in the amount of $35,000.00 per annum to be paid in equal monthly installments from the funds of Carroll County. The county shall furnish the commissioner with an appropriate automobile to be used by him in carrying out the official duties of his office. The cost of such automobile and the replacement cost thereof from time to time, as well as the costs necessary to maintain and operate such automobile, shall be paid from the funds of Carroll County. The commissioner shall be compensated in the sum of $3,000.00 from the funds of Carroll County for expenses incurred by him in carrying out his official duties. Section 6 . Meetings of commissioner. The commissioner of Carroll County shall hold at least one regular meeting each month, and the meeting shall be conducted on the first Tuesday of each month so that the public will be able and may appear before the commissioner for any purpose. The commissioner may conduct special meetings at any time. Section 7 . Clerk. The commissioner of Carroll County is authorized to appoint a clerk who shall be covered under the civil service system of Carroll County. Any citizen of said county, other than the commissioner, shall be eligible to hold said office of clerk of said commissioner and shall receive a salary for his services to be fixed by said commissioner, which salary shall be paid in equal monthly installments. Said clerk before entering upon his duties shall give bond, with some responsible surety company authorized to do business in Georgia, as his surety, in the sum of $15,000.00, to be approved by said commissioner, the premium on said bond to be paid by the county, payable to the judge of the probate court of said county and his successors in office and conditioned upon the faithful performance of his duties as such clerk and to account for any and all funds, property, or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the judge of the probate
Page 4659
court of said county and recorded on his minutes and may be sued on in like manner as the bond of said commissioner. He shall keep minutes of all meetings of said commissioner, an inventory of all properties, and such books and records as may be required of him by said commissioner and do such other acts and things as may be required of him by law or by said commissioner. Section 8 . Purchasing. The commissioner of Carroll County, either himself or his appointed agents, shall purchase all equipment, material, and supplies necessary for said county, of such kind and quality and in such quantities as may be needed, and, wherever practicable, purchases of all equipment, materials, and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioner and subject to inspection by the grand jury or other interested citizens. Purchases shall be charged to Carroll County; and, before bills therefor are submitted to the commissioner for approval, they shall be audited and payment therefor recommended by the parties making such purchase. The commissioner shall pay approved bills. Section 9 . Warden of county correctional institution. The commissioner may, at his discretion and when he deems it necessary, appoint a warden of the county correctional institution. The warden shall devote his entire time to his duties as such warden and shall not engage in any other business. He shall receive such salary as may be fixed by the commissioner and shall hold his position under the civil service system of Carroll County. The warden shall have entire control of the prisoners sentenced to work upon the roads or works of said county by the proper authorities of the state assigned to the county by the proper authorities of the state and shall so employ them according to law and under such plans of working, building, repairing, and maintaining the public roads, bridges, and works of said county as may now or hereafter be adopted or enforced by law in said county. Section 10 . Audits. The commissioner may have the books and accounts of the tax commissioner, custodian of all county funds, sheriff, superintendent of schools, commissioner, and such other officers as may be necessary audited annually by a certified public accountant of this state who shall be paid from county funds. Said audits shall be filed in the office of said commissioner of said county and shall at all times be subject to inspection by any citizen or taxpayer of said county. A summary of said audit shall be published in the official organ of Carroll County within 30 days after it shall have been completed.
Page 4660
Section 11 . Powers and duties of the commissioner. (a) The said commissioner shall have and he is vested with exclusive jurisdiction and control over the following, to wit: in directing, controlling, conveying, and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, and abolishing public roads, private roads, private ways, bridges, and ferries according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in examining the tax commissioner's books; in allowing the insolvent lists for said county according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriating for its use or benefit and bringing them to settlement; frequently examining and auditing the books of all officers through whose hands any county funds must pass; he may require from all such officers, subject to an examination, such reports as may be necessary to keep such commissioner fully informed at all times of the financial condition of the county; in controling, caring for, and managing the convicts of the county according to law; in making rules, regulations, and provisions for the support of the poor of the county according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as may be provided by law; to sue and be sued in the name of Carroll County; to exercise the power of eminent domain in the manner described by law; and generally to have and exercise all powers and to exercise such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance; in selecting and appointing all minor officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards and public work forces, janitor of the courthouse, county physician and health officer, tax assessors and county policemen, and other officers and guards as needed and authorized by law; and such commissioner shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the commissioner and represent the county in such matters as the commissioner may direct, who shall be paid such salary or compensation as the commissioner may direct, out of the regular funds of the county, with authority of said commissioner to fix his term of office or to discharge him at any time; in regulating peddling licenses according to law.
Page 4661
(b) The commissioner is authorized to exercise all of the powers and authority heretofore vested by law in the judge of the probate court when sitting for county purposes, together with the powers and authority which may now exist or may hereafter be delegated by law to the governing authority of the county, by whatever name designated. Section 12 . Receipt of contributions. The commissioner may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the right of way, or from any other person or persons or from the state government or from the United States government or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the roads or bridges designated by the contributor. Section 13 . Specific repealer. An Act creating the office of commissioner of Carroll County, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended, is repealed in its entirety. Section 14 . General repealer. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1983 session of the General Assembly of Georgia a bill to amend an act creating the office of Commissioner of Carroll County, Georgia, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as amended, so as to provide a new charter for the county and to repeal conflicting laws, and for other purposes. This 13th day of December, 1982. /s/ Charles A. Thomas, Jr. /s/ Gerald L. Johnson /s/ Wayne Garner
Page 4662
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Garner who, on oath, deposes and says that he is Representative from the 30th 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 13, 20, 27, and February 3, 1983. /s/ Wayne Garner Representative, 30th District Sworn to and subscribed before me, this 1st day of March, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. BULLOCH COUNTY SHERIFFSALARIES OF DEPUTIES AND OFFICE CLERK CHANGED. No. 486 (House Bill No. 774). AN ACT To amend an Act placing the sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. L. 1960, p. 2594), as
Page 4663
amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3950), 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. L. 1960, p. 2594), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3950), is 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 $14,700.00 per annum, one junior deputy who shall be compensated in the amount of $12,810.00 per annum, and one office clerk who shall be compensated in the amount of $10,111.00 per annum. The salary of each such deputy and 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 repealed. Notice to the Public. The public is notified that there will be introduced in the 1983 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 County Superior Court.
Page 4664
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 29, 1983. Robert Emory Lane Representative, 111th District John F. Godbee Representative, 110th District Joseph E. Kennedy Senator, 4th District 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 110th 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: February 3, 10, 17, 1983. /s/ John F. Godbee Representative, 110th District
Page 4665
Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983. CITY OF WHITE PLAINSNEW CHARTER. No. 487 (House Bill No. 808). AN ACT To provide a new charter for the City of White Plains; to provide for corporate boundaries; to provide for the powers, duties, and authority of the city and the officials, officers, and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, and prohibitions for the mayor and council; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for the office of mayor and the office of mayor pro tempore; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk/treasurer, and other personnel; to provide for elections; to provide for removal; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for contracting procedures and property management; to provide for eminent domain; to provide for penalties; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Page 4666
Be it enacted by the General Assembly of Georgia: ARTICLE I. INCORPORATION, POWERS Section 1.10 Incorporation Section 1.11 Corporate Boundaries Section 1.12 Powers and Construction Section 1.13 Exercise of Powers Section 1.14 Enumeration of Powers Section 1.10. Incorporation . This Act shall constitute the whole charter of the City of White Plains, repealing and replacing the charter provided by an Act of the General Assembly approved August 4, 1917 (Ga. L. 1917, p. 898), and all amendments thereto. The City of White Plains, Georgia, in the County of Greene and the inhabitants thereof are constituted and declared a body politic and corporate under the same name and style of White Plains, Georgia, and by that name shall have perpetual succession, may sue and be sued and 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 corporate limits of the City of White Plains shall be as follows: From a point in the center of Main Street and the center of First Street where First Street crosses Main Street, the distance shall be one mile in every direction, in other words, a one-mile radius from said point. (b) The city council may provide by ordinance for the redrawing of any such map to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Powers and construction . (a) The City of White Plains shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter, including all powers of self-government not specifically prohibited by general law or local Act of the General Assembly and including all powers enumerated in Section 1.14 of this charter. (b) The powers of 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.
Page 4667
Section 1.13. Exercise of powers . All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be exercised as provided by this charter, by ordinance, or by pertinent laws of this state. Section 1.14. Enumeration of powers . The corporate powers of the city may include, but are not limited to, the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests, or grants from any source, for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, under Title 22 of the O.C.G.A. or under other applicable public laws as are or may be enacted;
Page 4668
(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, and to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties, and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services not to exceed a period of 35 years and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations by the Georgia Public Service Commission; (10) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; (11) To grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and play-grounds, 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 Title 22 of the O.C.G.A. or other applicable public laws 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;
Page 4669
(14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (16) To regulate or prohibit junk dealers and pawnshops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms and to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise; (18) To license, tax, or regulate professional fortunetelling or palmistry; (19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads, or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law, relating to both fire
Page 4670
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 and regulate the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items; (25) To levy, fix, assess, and collect a garbage, refuse, and trash collection, 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 and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (26) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage 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; (27) To charge, impose, and collect a sewer connection fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage systems; (28) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (29) To define a nuisance and provide for its abatement whether on public or private property;
Page 4671
(30) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (31) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; (32) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit, or regulate by ordinance, such other conduct and activities within said city which, while not constituting an offense against the laws of this state, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (33) To regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order and 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; (34) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (35) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance 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; (36) To provide and maintain a system of pensions and retirement for officers and employees of the city;
Page 4672
(37) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (39) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (40) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (41) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (42) To exercise the power of arrest through duly appointed policemen; (43) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; and (44) 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
Page 4673
granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. ARTICLE II. STRUCTURE OF GOVERNMENT Chapter 1 Legislative Branch Section 2.10 City Council Creation; Composition; Number; Election Section 2.11 Terms of and Qualifications for Office Section 2.12 Vacancy; Filling of Vacancies Section 2.13 Compensation and Expenses Section 2.14 Prohibitions Section 2.15 Inquiries and Investigations Section 2.16 General Power and Authority of the City Council Section 2.17 Reserved Section 2.18 Reserved Section 2.19 Reserved Chapter 2 Organization and Procedures Section 2.20 Organizational Meeting Section 2.21 Regular and Special Meetings Section 2.22 Rules of Procedure Section 2.23 Quorum; Voting Section 2.24 Ordinance Form; Procedure Section 2.25 Action Requiring an Ordinance Section 2.26 Emergencies Section 2.27 Codes of Technical Regulations Section 2.28 Signing; Authenticating; Codification; Printing Section 2.29 Reserved
Page 4674
Chapter 3 Office of Mayor Section 2.30 Election; Forfeiture; Compensation Section 2.31 Chief Executive Officer; Delegation of Power Section 2.32 Powers and Duties of Mayor Section 2.33 Submission of Ordinances to the Mayor; Veto Power Section 2.34 Mayor Pro Tempore; Selection; Duties Chapter 1 Legislative Branch Section 2.10. City council creation; 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 city council to be composed of a mayor and five council members. The mayor and council members serving on the effective date of this charter shall continue to serve out the terms of office to which they were elected. Thereafter, the mayor and council members shall be elected in the manner provided by Article IV of this charter. Section 2.11. Terms of and qualifications for office . The mayor and council members shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the city for six months immediately preceding the election of mayor or council members. Each shall continue to reside therein during said period of service and shall be registered and qualified to vote in municipal elections of the city. Section 2.12. Vacancy; filling of vacancies . (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the state. (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article IV.
Page 4675
Section 2.13. Compensation and expenses . The mayor and council members may receive compensation for their services in an amount established by ordinance, provided that any action to increase the compensation of members of the governing authority of the city shall be taken in accordance with the requirements of general laws of the state. In addition, the mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office in the manner provided by ordinance. Section 2.14. Prohibitions . (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair independence of judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair independence of judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which, to his or her knowledge, is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with such campaign; (5) Represent other private interests in any action or proceeding against the city or any portion of its government; or
Page 4676
(6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) 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) 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. Section 2.15. Inquiries and investigations . The city council may make inquiries and investigations into the affairs of the city and the conduct of any department or office thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16. General power and authority of the city council . Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of the city as provided by Article I.
Page 4677
Section 2.17. Reserved . Section 2.18. Reserved . Section 2.19. Reserved . Chapter 2 Organization and Procedures Section 2.20. Organizational meeting . The city council shall meet for organization on the first Monday after the election of the mayor and council members or as soon thereafter as may be practicable. The meeting shall be called to order by the city clerk, and the oath of office shall be administered as follows to the newly elected members by an officer authorized by law to administer oaths: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member) of the City of White Plains and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.21. Regular and special meetings . (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally or by telephone personally. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived, in writing, by a council member before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by general state law, and notice to the public of spcial meetings shall be made seven days prior to such meeting.
Page 4678
Section 2.22. Rules of procedure . The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which journal shall be a public record. Section 2.23. Quorum; voting . The mayor or mayor pro tempore and three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances or resolutions shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the council members present and voting shall be required for the adoption of any ordinance, resolution, or motion, except as otherwise provided in this charter. The mayor or mayor pro tempore, if presiding, shall be entitled to vote only in the case of a tie. Section 2.24. Ordinance form; procedure . (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of White Plains hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.26. Section 2.25. Action requiring an ordinance . In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the city council, which acts have the force and effect of law, shall be done by ordinance. Section 2.26. Emergencies . To meet a public emergency affecting life, health, property, or public peace, the city council may convene and promptly adopt an emergency ordinance; but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money, except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the
Page 4679
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 that 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 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 2.27. Codes of technical regulations . (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.28. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.28. Signing; authenticating; codification; printing . (a) The city clerk shall authenticate by his or her signature all ordinances adopted by the city 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 Code of the City of White Plains, Georgia. Copies of the code shall be furnished to all officers and departments of the city and made available for inspection by the public at the city hall. Copies of the code shall be
Page 4680
made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council may 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 2.29. Reserved . Chapter 3 Office of Mayor Section 2.30. Election; forfeiture; compensation . The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. He or she shall be a qualified elector of the city and shall have been a resident of the city for six months immediately prior to the election of mayor. The mayor shall continue to reside in the city during said period of service. He or she shall forfeit the office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. Section 2.31. Chief executive officer; delegation of powers . The mayor shall be the chief executive of the city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this charter. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration.
Page 4681
Section 2.32. Powers and duties of the mayor . As the chief executive of the city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city, except as otherwise provided in this charter; (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 recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the city council may request; (6) Preside over all meetings of the city council; (7) Call special meetings of the city council as provided for in Section 2.21; (8) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (9) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (10) Approve or disapprove ordinances as provided in Section 2.33; (11) Require any department or agency of the city to submit written reports whenever he or she deems it expedient;
Page 4682
(12) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (13) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 2.33. Submission of ordinances to the mayor; veto power . (a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within 14 calendar days of receipt of an ordinance, shall return it to the city clerk with or without his or her approval or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the fourteenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the day of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting; and, should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (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 in this charter. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as in subsection (c) of this section. Section 2.34. Mayor pro tempore; selection; duties . The city 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. In the event of the mayor pro tempore's disability or absence, the council members shall elect by majority vote from among its members one who shall assume the duties and powers of the mayor. Any such absence or disability shall be declared by majority vote of all council members.
Page 4683
ARTICLE III. ADMINISTRATIVE RESPONSIBILITIES Section 3.10 Administrative and Service Departments Section 3.11 Boards; Commissions; and Authorities Section 3.12 City Attorney; Duties Section 3.13 City Clerk/Treasurer; Duties 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 the city. (b) Except as otherwise provided by this charter or general state law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his or her department. (e) All directors under the supervision of the mayor shall be nominated by the mayor, with confirmation of appointment by the city council. The mayor may suspend or remove directors under his or her supervision but such shall not be effective for 14 calendar days following the mayor giving written notice of such action and the reasons therefor to the director involved and the city council. The director involved may appeal to the city council, which, after a hearing, may override the mayor's action by an affirmative vote of the entire council or confirm such suspension or removal by a majority vote.
Page 4684
Section 3.11. Boards; commissions; and authorities . (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law. (c) The city council may provide by ordinance 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 in this section for original appointment, except as otherwise provided by this charter or general state law. (e) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the city clerk an oath obligating himself or herself to perform the duties of the office faithfully and impartially, such oath to be prescribed by ordinance and administered by the mayor. (f) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (g) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman, one member as vice-chairman, and one member as secretary. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the city clerk.
Page 4685
Section 3.12. City attorney; duties . The mayor may appoint, with confirmation of appointment by the city council, a city attorney whose compensation shall be established by the city council by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in any municipal court; shall attend the meetings of the council as directed; shall advise the mayor, city council, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by ordinance or by virtue of his or her position as city attorney. Section 3.13. City clerk/treasurer; duties . The mayor shall appoint, with confirmation of appointment by the city council, a city clerk/treasurer. The city clerk/treasurer shall be a custodian of the official seal of the city; shall maintain city council records required by this charter; shall receive, keep, and disburse all money of the city, upon orders, and maintain accurate records thereof; and shall perform such other duties as may be required by the mayor or city council. ARTICLE IV. ELECTIONS Section 4.10 Applicability of General State Law Section 4.11 Regular Elections; Time for Holding Section 4.12 Special Elections; Vacancies Section 4.13 Other Provisions Section 4.14 Nonpartisan Elections Section 4.15 Election by Plurality Section 4.16 Grounds for Removal Section 4.17 Procedure for Removal Section 4.10. Applicability of general state law . All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the O.C.G.A. Section 4.11. Regular elections; time for holding . On the first Wednesday in December, 1984, and on that day every four years
Page 4686
thereafter, there shall be an election for the mayor and five council members. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.20 of this charter. Section 4.12. Special elections; vacancies . In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the remainder of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the O.C.G.A. Section 4.13. Other provisions . Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Chapter 3 of Title 21 of the O.C.G.A. Section 4.14. Nonpartisan elections . Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party labels. Section 4.15. Election by plurality . The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 4.16. Grounds for removal . The mayor, council members, or other elected officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Misfeasance or malfeasance in office; (2) Conviction of a felony involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by the general laws of this state; (4) A knowing violation of any express prohibition of this charter;
Page 4687
(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 state law. Section 4.17. Procedure for removal . Removal of an officer described in Section 4.16 may be accomplished by one of the following methods: (1) By the vote of three council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this charter shall have the right of appeal from the decision of the city council to the Superior Court of Greene County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed in the Superior Court of Greene County as provided by general state law. ARTICLE V. FINANCE Chapter 1 Taxation and Fees Section 5.10 Ad Valorem Tax Section 5.11 Millage Rate; Due Dates; Payment Methods Section 5.12 Occupation and Business Taxes Section 5.13 Licenses; Permits; Fees Section 5.14 Franchises Section 5.15 Services Charges Section 5.16 Special Assessments Section 5.17 Construction of Language; Other Taxes
Page 4688
Section 5.18 Collection of Delinquent Taxes and Fees Section 5.19 Reserved Chapter 2 Bonds and Other Indebtedness Section 5.20 General Obligation Bonds Section 5.21 Revenue Bonds Section 5.22 Short-term Notes Section 5.23 Reserved Section 5.24 Reserved Section 5.25 Reserved Section 5.26 Reserved Section 5.27 Reserved Section 5.28 Reserved Section 5.29 Reserved Chapter 3 Accounting and Budgeting Section 5.30 Fiscal Year Section 5.31 Preparation of Budgets Section 5.32 Submission of Operating Budget to City Council Section 5.33 City Council Action on Budget Section 5.34 Tax Levies Section 5.35 Changes in Appropriations Section 5.36 Capital Improvements Budget Section 5.37 Independent Audit Section 5.38 Reserved Section 5.39 Reserved Chapter 4 Contracting Procedures and Property Management Section 5.40 Contracting Procedures Section 5.41 Sale of City Property Chapter 1 Taxation and Fees Section 5.10. Ad valorem tax . The city council may assess, levy, and collect an ad valorem tax on all real property within the
Page 4689
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 cost of operating the city government and providing governmental services, for the repayment of principal and interest of general obligations, and for any other public purpose as determined by the city council in its discretion. Section 5.11. Millage rate; due dates; payment methods . The city council, by ordinance, shall have the power to establish a millage rate for the city ad valorem tax, a due date, and in what period of time such taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the due date. Section 5.12. Occupation and business taxes . The city council, by ordinance, shall have the power to levy reasonable occupation or business taxes on both individuals and corporations doing business in the city or which practice or offer to practice any profession or calling therein. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 5.18. Section 5.13. Licenses; permits; fees . The city council, by ordinance, shall have the power to require any individuals or corporations doing business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law so as to preclude regulation by the city. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 5.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 5.14. Franchises . The city shall have the power to grant franchises for the use of the city's streets and alleys and for the purposes of railroads, telephone companies, electric companies, cable television, gas companies, and other similar organizations. The city council shall determine the duration; provisions; terms, including whether the same shall be exclusive or nonexclusive; and the consideration for such franchises. No franchise shall be
Page 4690
granted for a period in excess of 35 years, and no franchises shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide, by ordinance, for the registration within a reasonable time of all franchises previously granted. Section 5.15. Service charges . The city council, by ordinance, shall have the power to assess and collect fees and charges for sewer, sanitary, and health services or any other services rendered within and without the corporate limits of the city, which fees reflect the total cost to the city of providing such services. Unpaid fees and charges shall be collected as provided in Section 5.18. Section 5.16. Special assessments . The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such special assessments shall be collected pursuant to the provisions of Section 5.18. Section 5.17. Construction of language; other taxes . The city shall be empowered to levy any other tax allowed now or hereafter by state law; and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 5.18. Collection of delinquent taxes and fees . The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city pursuant to Sections 5.10 through 5.17 by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes and fees imposed, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions. Section 5.19. Reserved .
Page 4691
Chapter 2 Bonds and Other Indebtedness Section 5.20. General obligation bonds . The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or general state law. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 5.21. Revenue bonds . Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 5.22. Short-term notes . The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as otherwise provided by present or future state law. Section 5.23. Reserved . Section 5.24. Reserved . Section 5.25. Reserved . Section 5.26. Reserved . Section 5.27. Reserved . Section 5.28. Reserved . Section 5.29. Reserved . Chapter 3 Accounting and Budgeting Section 5.30. Fiscal year . The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, and activity of the city government unless otherwise provided by general state or federal law. Section 5.31. Preparation of budgets . The city council may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a
Page 4692
capital improvements program and a capital budget, including requirements as to scope, content, and form of budgets and programs. Section 5.32. Submission of operating budget of city council . On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor may submit to the city council a proposed operating budget for the ensuing fiscal year. The operating budget and the capital improvements budget hereinafter provided for and all supporting documents shall be filed in the office of the city clerk for public inspection. Section 5.33. City council action on budget . (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, may adopt the final operating budget for the ensuing fiscal year not later than the first day of April of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 5.34. Tax levies . Following the adoption of the operating budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by said ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated
Page 4693
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 5.35. Changes in appropriations . The city council, by ordinance, may make changes in the appropriations contained in the current operating budget at any regular or special meeting, 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 revised estimate of revenue. Section 5.36. Capital improvements budget . (a) On or before the date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor may submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed improvements and means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, or work of improvement which is not in the budget, except in the case of a public emergency as provided in Section 2.26. (b) The city council shall adopt, by ordinance, the final capital improvements budget for the ensuing fiscal year not later than the first day of April of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendation. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 5.37. Independent audit . There shall be a biannual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public.
Page 4694
Section 5.38. Reserved . Section 5.39. Reserved . Chapter 4 Contracting Procedures and Property Management Section 5.40. 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 to and reviewed by the city attorney and, as a matter of course, is signed by him or her to indicate such drafting or review; and (3) It is approved or authorized by the city council and such approval is entered in the city council journal of minutes required under this charter. Section 5.41. Sale of city property . (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said 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 or owners. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
Page 4695
ARTICLE VI. GENERAL PROVISIONS Section 6.10 Eminent Domain Section 6.11 Official Bonds Section 6.12 Existing Personnel and Officers Section 6.13 Pending Matters Section 6.14 Penalties Section 6.15 Construction Section 6.16 Severability Section 6.17 Specific Repealer Section 6.18 General Repealer Section 6.10. Eminent domain . The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, any other public improvements inside or outside the city, and to regulate the use thereof, and, for such purposes, property may be taken under Title 22 of the O.C.G.A., subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 6.11. Official bonds . The officers and employees of the city, both elected and appointed, shall executes such official bonds in such amount 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 6.12. Existing personnel and officers . Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect until the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. The mayor and council who are in office on the effective date of this charter shall serve for the remainder of the terms of office to which they were elected.
Page 4696
Section 6.13. Pending matters . Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or officer as may be provided by the city council. Section 6.14. Penalties . The violation of any provisions of this charter for which a penalty is not specifically provided for in this charter is declared to be a misdemeanor and shall be punishable by a fine of not more than $300.00. Section 6.15. 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 intended to be permissive. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 6.16. Severability . If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independently of each other. Section 6.17. Specific repealer . An Act incorporating the City of White Plains in the County of Greene, approved August 4, 1917 (Ga. L. 1917, p. 898), as amended by an Act approved August 3, 1920 (Ga. L. 1920, p. 1762), an Act approved July 23, 1931 (Ga. L. 1931, p. 1028), an Act approved April 17, 1973 (Ga. L. 1973, p. 3105), and an Act approved February 27, 1976 (Ga. L. 1976, p. 2730), is repealed in its entirety. Section 6.18. General repealer . All laws and parts of laws in conflict with this Act are repealed.
Page 4697
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to create a new charter for the City of White Plains and repeal the old charter; and for other purposes. This 1st of February, 1983. Frank Moore Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Copelan, Jr., who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal which is the official organ of Greene County, on the following dates: February 4, 11, 18, 1983. /s/ Jesse Copelan, Jr. Representative, 106th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4698
COBB JUDICIAL CIRCUITCOMPENSATION OF CERTAIN OFFICIALS AND EMPLOYEES, ETC. No. 488 (House Bill No. 813). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 1029), so as to change the county supplement for the district attorney; to change the provisions relative to the appointment and compensation of investigators; to change the provisions relative to the appointment and compensation of assistant district attorneys; to change the provisions relative to the county supplement paid to the legal secretary appointed by the district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 1029), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are created. In addition to the salary payable from state funds, the district attorney of the Cobb Judicial Circuit shall receive a county supplement of $7,500.00 per annum, payable in equal monthly installments out of the funds of Cobb County. The governing authority of Cobb County is authorized and directed to pay the district attorney the additional compensation provided herein. The district attorney of the Cobb Judicial Circuit may not engage in the private practice of law in any
Page 4699
contested matter in any court in this state; provided, however, that the present district attorney of the Cobb Judicial Circuit and all future district attorneys may prosecute to final completion all cases in which his name appears as counsel of record and which were filed prior to his assuming the office of district attorney of the Cobb Judicial Circuit. Section 2 . Said Act is further amended by striking Section 4(a) in its entirety and inserting in lieu thereof a new Section 4(a) to read as follows: Section 4(a). Said district attorney is authorized to appoint four investigators, Cobb Judicial Circuit, to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney. They shall have the same power to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer as may be performed by a sheriff and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. They shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 per annum and not more than $20,000.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Section 3 . Said Act is further amended by striking Section 4B in its entirety and inserting in lieu thereof a new Section 4B to read as follows: Section 4B. The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, five full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his duties. All assistant district attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia and be members in good standing of the State Bar of Georgia. On and after April 1, 1983, all assistant district attorneys shall be compensated in the sum of not less than $15,500.00 nor more than $37,000.00 per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of said county with the exception that, whenever the State of Georgia shall provide the compensation to
Page 4700
any of the assistant district attorneys, the amount of state compensation shall be duducted from the total salary paid from the general funds of Cobb County, Georgia, Section 4. Said Act is further amended by striking Section 4G in its entirety and inserting in lieu thereof a new Section 4G to read as follows: Section 4G. In addition to the salary payable from state funds, the lageal secretary appointed by the district attorney pursuant ot Code Section `5-`8-`7 of the O.C.G.A. shall receive a county supplement as fixed by the district attorney with the consent of the governing authority of Cobb County. Said supplement shall be fixed by the district attorney with the consent of the governing authority and shall be payable in equal monthly installments out of the funds of Cobb County. The governing authority of Cobb County is authorized and directed to pay said legal secretary the additional compensation provided herein. Section 5 . This Act shall become effective on April 1, 1983. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1983 session of the General Assembly of Georgia, a bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, P. 184), as amended so as to change the provisions relating to the appointment of assistant district attorneys to change the salary provisions relating to the assistant district attorneys to change the salary provisions relating to investigators; to provide a county supplement for the District Attorney; to provide for the method of payment and supplement of the legal secretary provided pursuant to Ga. L. 1957, p. 173 as amended and Ga. L. 1975, p.
Page 4701
1506; and for other purposes. This the 31st day of December, 1982. Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss George W. Darden Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Representative from the 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: December 31, 1982, January 7, 14, 21, 28, 1983. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.
Page 4702
RICHMOND COUNTY BOARD OF HEALTH CONTINUED. No. 537 (House Bill No. 665). AN ACT To provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment (Res. Act 605, SB 254, Ga. L. 1952, p. 71), duly ratified at the 1952 general election and proclaimed by the Governor to be a part of the Constitution of 1945, and subsequently made a part of the Constitution of 1976, which amendment authorized a combined Board of Health for the City of Augusta and Richmond County, known as the Richmond County Board of Health; 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 is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution, authorizing the continuation of certain amendments to the Constitution. Section 2 . That Constitutional Amendment (Res. Act 605, SB 254, Ga. L. 1952, p. 71), duly ratified at the 1952 general election and proclaimed by the Governor to be a part of the Constitution of 1945, and subsequently made a part of the Constitution of 1976, which amendment authorized a combined Board of Health for the City of Augusta and Richmond County, known as the Richmond County Board of Health, shall not be repealed or deleted upon July 1, 1987, as part of the Constitution ratified at the general election in 1982, but is specifically continued in force and effect on and after that date as part of that Constitution. Section 3 . This Act shall become effective July 1, 1983.
Page 4703
Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia an Act to maintain the provisions of a local constitutional amendment applying to Richmond County, Georgia, as found in Ga. Laws 1952, page 71, authorizing Richmond County and the City Council of Augusta to regulate the public health of said City and County by and through Richmond County Department of Health and to ratify, validate and confirm the original amendatory Acts of the General Assembly heretofore enacted with respect to the Richmond County Department of Health, more particularly set forth and described in Ga. Laws 1952, page 71, and to ratify, validate and confirm all the rules, regulations and ordinances adopted and promulgated pursuant to said Acts of the General Assembly; to provide an effective date; and for other purposes. This 17th day of December, 1982. Robert C. Daniel, Jr. County Attorney Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, Paul S. Simon, 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
Page 4704
once a week for three weeks, as required by law, said dates of publication being December 24, 31, 1982, and January 7, 1983. /s/ Paul S. Simon, President, Southeastern Newspapers Corporation, Publisher of the Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me, this 17th day of February, 1983. /s/ JoAnn M. Lundquist Notary Public, Georgia State at Large. My Commission Expires June 23, 1986. (Seal). Approved March 31, 1983. TOWN OF TYRONETERMS OF COUNCILMENELECTION. No. 538 (Senate Bill No. 300). AN ACT To amend an Act creating a new charter for the Town of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), so as to provide the terms of the councilmen and to provide for their election; to provide for all related matters; to provide a conditional effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the Town of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), is amended by striking Section 2.101 and inserting in its place a new Section 2.101 to read as follows:
Page 4705
Section 2.101. Creation; Composition; Number; Election. (a) The legislative authority of the Town of Tyrone shall be vested in a town council to be composed of a mayor and four councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. For the purpose of electing councilmen, positions on the council shall be numbered as posts 1 through 4. Except as otherwise provided in subsection (b) of this section the terms of office of the mayor and councilmen shall be two years and until their successors are elected and qualified. (b) Successors to the mayor and councilmen in office on the effective date of this section shall be elected and take office as provided by this subsection. At the 1983 municipal election there shall be elected the mayor and the councilmen for posts 2, 3, and 4. The mayor and councilmen for posts 3 and 4 elected at the 1983 election shall serve for terms of two years; and the councilman for post 2 elected at the 1983 election shall serve for a term of one year. At the 1984 municipal election and at each municipal election thereafter held in an even-numbered year there shall be elected councilmen for posts 1 and 2 who shall serve for terms of two years. At the 1985 municipal election and at each municipal election held in an odd-numbered year thereafter there shall be elected the mayor and councilmen for posts 3 and 4 who shall serve for terms of two years. (c) The annual municipal election shall be held on the first Wednesday in December of each year. The councilmen or mayor and councilmen elected at each election shall take office at the first council meeting following their election. Section 2 . This Act shall become effective only if prior to the opening of the qualifying period for the 1983 municipal election the councilman for post 2 who is then in office has submitted his resignation which will become effective on the date of the first council meeting following the 1983 municipal election; and if such resignation has been so submitted, then this Act shall become effective on the opening day of the qualifying period for the 1983 municipal election. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4706
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a local act concerning authorization for a special election to readjust the terms of Council Post No. 2 for the Town of Tyrone and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bev Engram who, on oath, deposes and says that she is Senator from the 34th 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 2, 9, 16, 23, 1983. /s/ Bev Engram Senator, 34th District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 1, 1983.
Page 4707
FAYETTE COUNTYMAGISTRATE COURT. No. 539 (Senate Bill No. 306). AN ACT To provide for the Magistrate Court of Fayette County; to state legislative intent; to fix the number of magistrates and provide for their selection, terms, and compensation; to provide for a clerk and constables; to provide for related matters; 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 . It is the intent of this Act to implement certain changes required by Article VI of the 1983 Constitution of the State of Georgia and authorized by Chapter 10 of Title 15 of the Official Code of Georgia Annotated. Section 2 . (a) The number of magistrates authorized for the Magistrate Court of Fayette County shall be four magistrates, but in addition to said magistrates there shall be for any period of time required by Article VI, Section X, Paragraph II of the 1983 Constitution of Georgia such number of additional magistrates as are continued in office by said constitutional provision and who meet the required certifications of their office prior to the effective date of this Act. (b) On the effective date of this Act, should there be less than four duly qualified persons to sit as magistrates by reason of certification provisions of Article VI of the 1983 Constitution of the State of Georgia, the chief judge of the Superior Court of Fayette County shall appoint the necessary duly qualified persons to fill the vacant magistrate post to serve for a term to expire on December 31, 1984. (c) The term of office of any magistrate taking office on or after January 1, 1985, shall be for four years beginning on the first day of an odd-numbered year, except that in selecting magistrates to fill newly-created positions, vacancies or if otherwise necessary, a magistrate may be selected for a term of less than four years to expire on the last day of an even-numbered year.
Page 4708
(d) The magistrates shall be elected at the November, 1984, general election by the voters of the county, in a partisan election in the same manner as county officers are elected, for a term beginning on the first day of January following their election. Their successors shall likewise be elected quadrennially thereafter for terms beginning on the first day of January following their election. Vacancies for any reason shall be filled by appointment by the chief judge of the Superior Court of Fayette County. Section 3 . There shall be as provided by Chapter 10 of Title 15 of the Official Code of Georgia Annotated, a chief magistrate of the Magistrate Court of Fayette County. The office of chief magistrate shall be filled by an appointment by the chief judge of the Superior Court of Fayette County from among those magistrates in office at the time of appointment. Vacancy in the office shall be filled in like manner. Any magistrate appointed as chief magistrate shall serve until the expiration of his term of office. The office of chief magistrate shall be open for business during the business hours established for other public offices in the County of Fayette. The chief magistrate shall be responsible for maintaining any records required by Chapter 10 of Title 15 of the Official Code of Georgia Annotated and established under authority of Article VI of the 1983 Constitution of Georgia. Section 4 . (a) The governing authority of Fayette County shall compensate the chief magistrate at a salary of not less than $12,000.00 annually to be divided into 12 monthly installments. (b) The governing authority of Fayette County shall compensate all other magistrates at a salary of not less than $8,000.00 annually to be divided into 12 monthly installments. Section 5 . The chief magistrate shall appoint a duly qualified clerk of the magistrate court. The clerk shall perform those duties required of a clerk of the magistrate court. Additional personnel to assist the clerk shall be appointed by the chief magistrate only upon consent of the governing authority of Fayette County. The clerk shall serve at the pleasure of the chief magistrate. The compensation of the clerk and other personnel shall be as fixed by the county governing authority. Section 6 . The chief magistrate shall appoint a duly qualified constable or constables of the magistrate court. The constables shall
Page 4709
perform those duties required of constables under Chapter 10 of Title 15 of the Official Code of Georgia Annotated. The constables shall serve at the pleasure of the chief magistrate. The compensation of the constables shall be as fixed by the county governing authority. 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8 . This Act shall become effective July 1, 1983. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a local act concerning the Magistrate Court of Fayette County providing for selection, term and operation of the Magistrate Court of Fayette County and for other purposes. James A. White Attorney at Law Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bev Engram who, on oath, deposes and says that she is Senator from the 34th District, and that the attached copy of Notice of Intention to Introduce Local Legislation
Page 4710
was published in the Fayette County News which is the official organ of Fayette County, on the following dates: February 2, 9, 16, 1983. /s/ Bev Engram Senator, 34th District Sworn to and subscribed before me, this 23rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 1, 1983. CITY OF CALHOUNNEW CHARTER. No. 569 (House Bill No. 487). AN ACT To provide a new charter for the City of Calhoun, Georgia; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the mayor and city council; to provide for administration; to provide for the recorder's court of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 4711
Be it enacted by the General Assembly of Georgia: ARTICLE I Incorporation, Powers, Boundaries Section 1-101. Incorporation; name. Section 1-102. General powers. Section 1-103. Specific powers; certain powers enumerated. Section 1-104. Construction of powers. Section 1-105. Boundaries; official map. Section 1-101. Incorporation; name . The City of Calhoun, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Calhoun (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, sell or dispose of any of its property; and may have a common seal and alter it at will.
Page 4712
(c) No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1-103. Specific powers; certain powers enumerated . (a) The city may acquire, construct, and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, streets, sidewalks, parks, public grounds, cemeteries, public buildings, libraries, sanitary landfill, sewers, drains, sewage treatment or waterworks systems, electrical or gas systems, airports, hospitals, and charitable, educational, flood control, recreational, sport, curative, corrective, detentional, penal, and medical institutions, areas, and facilities, and any other public improvement. The city, by ordinance, may establish and enforce rules and regulations necessary to preserve order, peace, and dignity on any property or facilities so acquired inside or outside the corporate limits of the city. (b) (1) The city shall be authorized to make special assessments with or without petition against benefited property within its corporate limits for: (A) Constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets; (B) Constructing, reconstructing, paving, widening, and otherwise building or improving sidewalks in any public street; (C) Constructing, reconstructing, extending, and otherwise building or improving water systems; (D) Constructing, reconstructing, extending, and otherwise building or improving sanitary sewer lines; and (E) Constructing, reconstructing, extending, and otherwise building or improving sewage disposal systems. (2) Assessments may be made on the basis of:
Page 4713
(A) The frontage abutting on the project, at an equal rate per foot of frontage; (B) The area of land served or subject to being served by the project, at an equal rate per unit of area; (C) 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; (D) 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 (E) A combination of two or more of these bases. Whenever the basis selected for assessment is either area or value added, the mayor and council may provide for the laying out of benefit zones according to the distance of benefited property from the project being undertaken and may establish differing rates of assessment to apply uniformly throughout each benefit zone. For each project, the mayor and council shall endeavor to establish an assessment method from among the bases set out in this section which will most accurately assess each lot or parcel of land according to the benefit conferred upon it by the project. The mayor and council's decision as to the method of assessment shall be final and conclusive and not subject to further review or challenge. (3) The procedures for execution of the power and authority granted herein, including payment of assessments, liens for assessments against property, and the issuance, levy, and collection of executions, shall be as prescribed by ordinance or resolution of the mayor and council. (c) (1) No contract for the sale or lease of the system of waterworks or lighting system owned by the City of Calhoun shall
Page 4714
be entered into, granted, renewed, or extended between the City of Calhoun and any person, firm, or corporation except by ordinance which must be authorized and approved by a majority of the registered voters voting thereon at a general or special municipal election, at which the question to be submitted to the voters shall be printed in appropriate form on such ballot. (2) The general and special municipal election shall not be held in connection with or upon the same day as any state, county, or congressional election or primary. (d) The mayor and council of the city or the water and electricity commission, or either, shall have the right to make contracts with persons, firms, or corporations residing beyond the limits to furnish them with electricity or sewage disposal and water, or either, whenever the same can be done without interfering with the efficient supply of electricity and water to the inhabitants of the city. (e) (1) The mayor and council shall have the power to cause the owner or owners of lots within the city to drain the same or to fill the same to the level of the streets or alleys on which said lots abut, to cause the owner or owners of cellars holding water to cause the same to be drained thereof or filled up if necessary, to compel property owners to make proper connections of drain pipes to storm sewers and gutters or other street waterways, and to pass such ordinances regulating the same as they may deem necessary. (2) Whenever the owner of any such property shall refuse or fail, after a reasonable notice to him or his agent or to the tenant in possession of said premises, to comply with the requirements of said mayor and council within the period prescribed for such notice, it shall be lawful for the city to cause the same to be done at the owner's expense. For the amount so expended, the city clerk shall issue an execution against the owner to be collected from the property belonging to him, and a sale under the execution by the city clerk shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution. (f) The mayor and council of the city shall have power to organize one or more work gangs and confine therein persons who have been sentenced by the recorder's court of the City of Calhoun to work upon the streets or public works of the city, to make rules and regulations that may be suitable or necessary for the care, management,
Page 4715
or control of such work gang, and to enforce such rules and regulations through their proper officer. (g) The mayor and council shall have power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks, or other public ways in the city; to fill up all open cellars or excavations in the city or cause the owners to do so; and to condemn and remove, or cause to be removed, all dilapidated or unsafe structures which they may consider a nuisance or dangerous to the health or lives of the people of the city. Section 1-104. Construction of powers . The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular power 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 Calhoun as provided by law and existing immediately prior to the effective date of this charter or as hereafter lawfully changed. The clerk of council shall maintain a current map and written legal description indicating the boundaries of the city. Photographic, typed, or other copies of the map or description certified by the clerk of council shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. ARTICLE II The Mayor and Council Chapter 1. General Provisions Chapter 2. Powers of the Mayor and Council Chapter 3. Mayor and Mayor Pro Tempore Chapter 4. Organization and Procedure CHAPTER 1 General Provisions Section 2-101. Creation; number; term of office. Section 2-102. Qualifications of office. Section 2-103. Compensation.
Page 4716
Section 2-101. Creation; number; term of office . There shall be a mayor and council composed of the mayor and four council members elected as provided in Article III of this charter for two-year staggered terms of office. Section 2-102. Qualifications of office . (a) To be eligible for election or appointment as mayor, a person, at the time of election or appointment, must: (1) Have attained the age of 25 years; (2) Have resided in the city for two years immediately preceding the date of election or appointment and must continue in such residence during the term of office; (3) Be a qualified elector of the city; and (4) Meet any other requirements as may be established by general state law. (b) To be eligible for election or appointment as a council member, a person, at the time of election or appointment, must: (1) Have attained the age of 25 years; (2) Have resided in the city for two years immediately preceding the date of election or appointment and must continue in such residence during the term of office; (3) Be a qualified elector of the city; and (4) Meet any other requirements as may be established by general state law. Section 2-103. Compensation . The mayor and council members shall receive, as compensation for their services, an amount fixed by ordinance as authorized by general state law. In addition, the mayor and council members shall be paid expenses incurred in the performance of their official duties according to policy established by ordinance.
Page 4717
CHAPTER 2 Powers of the Mayor and Council Section 2-201. Legislative powers. Section 2-202. Execution of powers. Section 2-203. Independent audits. Section 2-204. Inquiries and investigations. 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 Gordon County. Any person who fails or refuses to obey a subpoena issued in the exercise of this power by the mayor and council may be held in contempt by a majority vote of all council members and punished as provided for contempt of recorder's court. Appeal to the Superior Court of Gordon County from a council contempt conviction shall be allowed as for any conviction in the recorder's court.
Page 4718
CHAPTER 3 Mayor and Mayor Pro Tempore Section 2-301. Mayor; powers and duties. Section 2-302. Mayor pro tempore; election; term; duties. Section 2-301. Mayor; powers and duties . The mayor shall be the chief executive officer of the city and shall have general supervision over its affairs. The mayor shall: (1) See that the laws and ordinances of the city are faithfully carried out and executed within the city; (2) Sign all deeds and contracts, except deeds made for property sold under execution at public sale which shall be signed by the clerk of the city; (3) Exercise the veto power as hereinafter set out; (4) Keep the council members advised from time to time of the general condition of the city; (5) Recommend such measures as he may deem necessary or expedient for the welfare of the city; (6) Preside over the meetings of the council and call the council together at any time when deemed necessary by him; (7) Vote on all matters when there is an equal division of the council members; and (8) Perform such other duties as required by the council. Section 2-302. Mayor pro tempore; election; term; duties . At the annual organizational meeting, the mayor and council shall appoint by a majority vote from among its members a mayor pro tempore who shall assume the duties and powers of the mayor during the mayor's absence, disqualification, sickness, or disability but otherwise shall have all the same powers and duties as other council members. In the event both the mayor and mayor pro tempore are unable for any cause to fulfill the duties of their office, the council members other than the mayor, by majority vote, shall elect a
Page 4719
successor mayor pro tempore to serve during the absence or disability of the mayor. CHAPTER 4 Organization and Procedure Section 2-401. Annual organizational meeting. Section 2-402. Rules, quorum; voting; journal of minutes. Section 2-403. Meetings; regular and special. Section 2-404. Introduction, consideration, and enactment of legislation. Section 2-405. Mayor's veto; overriding veto. Section 2-406. Codes of technical regulations. Section 2-401. Annual organizational meeting . (a) The mayor and council members shall meet for organization and swearing-in ceremonies not later than 60 days following each regular municipal election or, if that date is a legal holiday, on the next following day not a legal holiday. (b) At this meeting, the newly elected or reelected mayor and council members shall each qualify to take office by taking the following oath of office: 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 Calhoun and the common interest thereof. The oath of the mayor shall be administered by the outgoing mayor or, in his absence or refusal to administer such oath, by the city clerk. The oath of the council members shall be administered by the mayor. The oaths shall be entered upon the minutes of the city. (c) At the annual organizational meeting, the newly reorganized mayor and council shall make any appointments and selections as may be required by this charter or by ordinance. (d) A special meeting may be called to install any member elected by a special election or otherwise appointed to the mayor and council.
Page 4720
Section 2-402. Rules, quorum; voting; journal of minutes . (a) The mayor and council, by a motion approved a by majority vote of all members, may adopt any rules of procedure and order of business or amendments thereto that are consistent with this charter and ordinances of the city. (b) A quorum for all mayor and council meetings shall consist of the mayor or mayor pro tempore and any two council members, and no business shall be transacted by the mayor and council in the absence of a quorum except to adjourn from time to time. (c) All actions of mayor and council shall require the affirmative vote of a majority of the council members present unless otherwise required by this charter. The mayor shall be entitled to vote only in case of a tie vote. (d) A journal of minutes shall be maintained, and every official action of the mayor and council shall be recorded therein. The journal shall be a public record. Any council member may require the recording of yeas and nays of each member in the journal for any votes taken by the mayor and council. Section 2-403. Meetings; regular and special . (a) The mayor and council shall fix the date and time of regular meetings of the mayor and council by ordinance, and there shall be at least two regular meetings each month. (b) Special meetings of the mayor and council may be held on call of the mayor or a majority of all council members other than the mayor. Notice of a special meeting shall be served on all other members personally, or by telephone personally, or otherwise notified as fully as is reasonably possible in advance of the meeting. This notice to council members shall not be required if all council members are present when the special meeting is called. This notice of a special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in the council member's presence or with his or her prior knowledge. Except by majority vote of the council members attending the special meeting, only the business stated in the call may be transacted at the special meeting; and no action at a special meeting shall be valid unless the requirements of this section are met.
Page 4721
(c) All meetings of the council shall be public to the extent required by general state law, and notice to the public of special meetings shall be made fully as is reasonably possible prior to the meetings. Section 2-404. Introduction, consideration, and enactment of legislation . (a) Every official act of the mayor and council which is to become law shall be by ordinance and shall begin with the words: The Mayor and Council of the City of Calhoun, Georgia, hereby ordains. All other acts of the mayor and council shall be by resolution or shall take such other form as prescribed by rules of the mayor and council. (b) The manner and procedure for introduction of ordinances shall be determined by rules of the mayor and council, provided that no ordinance shall be adopted on the date of its introduction. Section 2-405. Mayor's veto; overriding veto . Every ordinance or resolution adopted by the council shall be certified by the city clerk and presented to the mayor within two business days following its adoption. The mayor shall approve or veto the ordinance or resolution within five business days after adoption, and no ordinance or resolution shall become effective without his approval except as herein provided. If the mayor vetoes an ordinance or resolution, he shall, within two business days of such veto, return it to the council accompanied by a written statement of the reasons for his veto. If the council shall pass the ordinance and resolution by a vote of three of its members at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without his approval. Section 2-406. Codes of technical regulations . (a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing the adopting ordinance shall be as prescribed for ordinances generally. (b) Any requirements for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance.
Page 4722
(c) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk of council. (d) Copies of any adopted code of technical regulations shall be made available by the clerk of council for distribution or for purchase by the public at a reasonable price. ARTICLE III Election and Removal Chapter 1. Conduct of Elections Chapter 2. Vacancies and Removal from Office CHAPTER 1 Conduct of Elections Section 3-101. Applicability of general laws. Section 3-102. Regular elections; time for holding; manner of election; voting posts; nonpartisan 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, Chapter 3 of Title 21 of the O.C.G.A., as now or hereafter amended. Section 3-102. Regular elections; time for holding; manner of election; voting posts; nonpartisan elections . (a) The annual municipal election for the mayor and council members whose terms expire shall be held on the third Wednesday in November of each year. (b) The mayor and council members shall be elected from the city at large. Any person seeking election as a council member shall qualify for one of four council posts, designated as post numbers 1, 2, 3, and 4. Elections shall be held on the same staggered-term basis in existence on the effective date of this charter so that at the odd-numbered year annual municipal election a mayor and two council members shall be elected and at the even-numbered year annual election two council members shall be elected. All municipal elections
Page 4723
shall be nonpartisan and the names of the candidates shall be listed upon the ballot without party label. CHAPTER 2 Vacancies and Removal from Office Section 3-201. Occurrence of vacancies. Section 3-202. Filling of vacancies. Section 3-203. Removal and forfeiture of office. Section 3-201. Occurrence of vacancies . A vacancy in the office of mayor or council member occurs when a duly elected person fails to qualify or when a person who has been duly elected and qualified either dies, resigns, becomes disabled, or forfeits the office, as provided by this charter. Vacancies shall be filled as is provided by Section 3-202 of this charter. Section 3-202. Filling of vacancies . In the event the office of the mayor or any council member shall become vacant by death, removal, disqualification, resignation, or other cause, the mayor or, if said office be vacant, the mayor pro tempore or, if both offices should be vacant, the remaining council members shall order an election to fill said vacancy or vacancies for the unexpired term or terms, of which election at least ten days' written notice shall be given by publication in the official newspaper used for publication of legal notices and by posting the notice at three public places in the city; provided, however, that, in the event such vacancy shall occur within six months from the date of the next regularly scheduled election, the council may dispense with a special election and fill the vacancy or vacancies by election at the next regularly scheduled municipal election. Section 3-203. Removal and forfeiture of office . (a) The mayor or any council member shall be subject to removal from office and the office forfeited for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude or a crime punishable as a felony;
Page 4724
(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. (b) Removal of an elected officer provided for in this section from office may be accomplished by one of the following methods: (1) By affirmative vote of three members of the mayor and council. In the event an elected officer is sought to be removed by the action of the mayor and council, such official shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Gordon County for a jury trial. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an information filed in the Superior Court of Gordon County as provided by Code Section 9-6-64 of the O.C.G.A., as amended. ARTICLE IV Organization and Administration Chapter 1. General Provisions Chapter 2. City Officers Chapter 3. Boards and Commissions
Page 4725
CHAPTER 1 General Provisions Section 4-101. City offices, departments, and agencies. Section 4-102. Administrative organization. Section 4-103. Personnel administration. 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 and as prescribed by administrative regulations of the mayor consistent therewith. The operations and responsibilities of city departments and agencies may be distributed among any divisions or bureaus and shall consist of any officers and employees as may be provided by ordinance or administrative regulations consistent therewith. Section 4-102. Administrative organization . The mayor and council may, by ordinance, organize, combine, consolidate, or discontinue any 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. Personnel administration . (a) The mayor and council may establish by ordinance a system of personnel administration for the city. The system shall cover all offices and positions as prescribed by ordinance. (b) The system of personnel administration may provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee evaluations and performance, salaries, hours of employment, vacations, sick leave, special workers' compensation leave, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees.
Page 4726
CHAPTER 2 City Officers Section 4-201. City clerk; appointment; duties; compensation. Section 4-202. City attorney; appointment; qualifications; duties; compensation. Section 4-201. City clerk; appointment; duties; compensation . (a) The mayor and council shall appoint a city clerk who shall hold office at their pleasure and until their successors are elected and qualified. (b) The city clerk shall be the clerk of the mayor and council; shall attend all meetings of the mayor and council and the recorder's court and keep the minutes, books, and files of each; shall collect all fines, taxes, and other money due the city; shall attend to the issuance of all licenses and permits; shall sign and issue all executions and other writs and processes for the collection of taxes due the city; and shall perform such other duties as may be required by the mayor and council. The duties required to be performed by the city clerk as provided in this section may be performed by a representative designated by the city clerk. (c) The compensation of the clerk of council shall be fixed by the mayor and council. Section 4-202. City attorney; appointment; qualifications; duties; compensation . (a) The mayor and council shall appoint a city attorney who shall serve at the pleasure of the mayor and council. (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.
Page 4727
CHAPTER 3 Boards and Commissions Section 4-301. Authority to create. Section 4-302. Composition; appointment; removal; bylaws. Section 4-301. Authority to create . The mayor and council may, by ordinance, unless otherwise provided by law, create boards and commissions which may perform the duties prescribed, including, but not limited to, making studies, conducting research and investigations, holding hearings, preparing recommendations as to needed ordinances and resolutions, or for any other purposes authoriz[UNK]ed. Section 4-302. Composition; appointment; removal; bylaws . (a) The mayor and council may provide by ordinance, unless otherwise provided by law, for the manner of appointment, makeup, and composition of boards and commissions; for their periods of existence; and for the compensation of their members and employees, in whole or in part. The mayor and council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The mayor and council shall have the authority annually to appropriate money derived from taxation, contributions, or otherwise for and to boards and commissions to provide for their operation, either in whole or in part. (b) Any vacancy in the office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment. (c) Any member of a board or commission may be removed from office for cause by a majority vote of all of the council members. (d) Each board and commission may establish bylaws, rules, and regulations not inconsistent with this charter, ordinances, or applicable state law as it deems appropriate and necessary for its internal organization, election of officers, and the conduct of its affairs, copies of which bylaws, rules, and regulations shall be filed with the city clerk and approved by the mayor and council prior to their being effective.
Page 4728
ARTICLE V Finance and Fiscal Chapter 1. Taxation and Other Revenue Chapter 2. Borrowing and Indebtedness Chapter 3. Fiscal Control Chapter 4. Purchasing, Contracting, and Disposition of Property CHAPTER 1 Taxation and Other Revenue Section 5-101. Ad valorem tax; grant of authority. Section 5-102. School tax - authority to levy; amount. Section 5-103. Occupation and business taxes. Section 5-104. Business licenses; permits; fees. Section 5-105. Excise taxes; wholesale and retail dealers. Section 5-106. Insurance premium taxes and licenses. Section 5-107. Service charges. Section 5-108. Special assessments. Section 5-109. Interpretation; other taxes. Section 5-110. Collection of delinquent taxes and fees. Section 5-101. Ad valorem tax; grant of authority . For the purpose of raising revenue for the support and maintenance of the city government and for other corporate purposes, the mayor and council shall be authorized to assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to taxation for state and county purposes under the laws of this state and to provide for the manner and method in which such taxes shall be collected. Section 5-102. School tax - authority to levy; amount . (a) The mayor and council of the city are authorized to levy a tax annually on the real and personal property in the City of
Page 4729
Calhoun for the purpose of establishing and maintaining a system of public schools in the city; provided, however, that the money so raised shall be used for school purposes. (b) It shall be the duty of the mayor and council of the city to levy and collect the taxes provided for in subsection (a) and to keep a separate record of the same and to disburse such taxes as a monthly allotment to the credit of the public school fund, which fund shall be subject to the order of the school board of trustees for the support and maintenance of the public schools; such taxes shall be collected by levy and sale as provided by this charter and by the ordinances of the city. Section 5-103. Occupation and business taxes . The mayor and council shall have authority to levy and collect any occupation and business taxes that are not prohibited by the Constitution and general law of Georgia. These taxes may be levied on any person, firm, partnership, company, or corporation which transacts business in the city or which practices or offers to practice any trade, business, calling, avocation, or profession within the corporate limits of the city. For such purpose, these taxes may be levied and imposed on a fixed rate or gross receipts basis or any combination thereof. The mayor and council may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable. The mayor and council shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation, or profession subject to a tax. Payment of these taxes may be compelled as provided in Section 5-110 of this chapter. Section 5-104. Business licenses; permits; fees . The mayor and council, by ordinance, shall have the power and authority to require any individual, person, firm, partnership, company, or corporation which transacts business in the city or which practices or offers to practice any trade, business, calling, avocation, or profession therein to obtain a license or permit for these activities from the city and to pay a reasonable fee for the license or permit for the regulation of any activity not prohibited by general law. These fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 5-110 of this chapter. The mayor and council, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitate, including, but not limited to, denial or revocation for any violation of federal or state law or city ordinances.
Page 4730
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 wine, distilled spirits, and malt beverages by wholesale and retail dealers within the city. Section 5-106. Insurance premiums taxes and licenses . The city shall have power and authority to impose and collect license fees and taxes on life insurance companies in the manner provided by Code Section 33-8-8 of the O.C.G.A., as amended, and on fire and casualty insurance companies as provided by law or ordinance. 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 of this chapter. 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 of this chapter. 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
Page 4731
other revenues personal debts of the persons required to pay the taxes, fees, or other revenues imposed; revoking city licenses for failure to pay any city taxes, fees, or other revenues; allowing exceptions for hardship; providing for the assignment or transfer of executions and collection of transferred executions; and providing for the billing and collecting of principal, interest, and costs of delinquent executions as an addition to and a part of the annual ad valorem tax bill. CHAPTER 2 Borrowing and Indebtedness Section 5-201. General obligation bonds. Section 5-202. Revenue bonds. Section 5-203. Short-term notes. Section 5-204. Improvement bonds. 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.
Page 4732
(c) These bonds shall be signed by the mayor and attested by the clerk of council, 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 shall be applied to the payment of the costs and expense of the improvement for which the bonds are issued; or the bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor, in respect to the improvement at par value, in payment of the amount due on the contract, and the portion thereof which shall be necessary to pay other expenses, incident to and incurred in providing for the improvements, shall be sold or otherwise disposed of as the mayor and council by ordinance shall direct. CHAPTER 3 Fiscal Control Section 5-301. Fiscal year; municipal budget preparation and submission. Section 5-302. Municipal appropriations; ordinance required. Section 5-303. Supplementary appropriations. Section 5-304. Deficits. Section 5-301. Fiscal year; municipal budget preparation and submission . (a) The mayor and council shall establish a fiscal year for the city and all its agencies by ordinance unless otherwise provided by state or federal law. (b) The mayor and council shall prescribe by ordinance the procedure for the preparation and submission of an annual operating budget and of a capital improvements program and capital budget of the city.
Page 4733
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 appropriation shall be made unless there is an unappropriated surplus in the city treasury or the revenue necessary to pay the appropriation has been collected into the general fund of the city treasury. (b) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the municipal appropriations ordinance in effect when the supplementary appropriations ordinance was adopted and approved. Section 5-304. Deficits . If at any time during the year expenditures exceed revenues and a deficit is created, it shall be the duty of the mayor and council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to discharge immediately any such deficit which has occurred.
Page 4734
CHAPTER 4 Purchasing, Contracting, and Disposition of Property Section 5-401. Contracting procedures. Section 5-402. Purchasing procedures. Section 5-401. Contracting procedures . The mayor and council shall prescribe by ordinance the procedures to be followed in the making of contracts which shall bind the city. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the city attorney. The mayor shall sign and authorize all contracts. The city clerk shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the city clerk. 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, provided the mayor and council by ordinance may authorize the purchase of goods, materials, supplies, equipment, and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance. ARTICLE VI Recorder's Court Section 6-101. Recorder's court created; presiding officer. Section 6-102. Penalty for violation of laws, ordinances. Section 6-103. Authority of recorder same as justice of the peace. Section 6-104. Sentence for contempt. Section 6-105. Warrants; form, scope, execution; recorder's authority to hear evidence, grant bond. Section 6-106. Witnesses. Section 6-107. Ministerial officers of recorder's court; attendance, duties.
Page 4735
Section 6-108. Certiorari; costs; bond required; failure to give bond. Section 6-109. Hearing on certiorari; notice; costs; forfeiture of bond. Section 6-101. Recorder's court created; presiding officer . (a) There is created a recorder's court for the trial of the offenses and offenders against the laws and ordinances of the city. The recorder's court shall be presided over by the mayor if he deems it to the best interest of the city to do so. However, if the mayor in his sole discretion determines that he does not desire to preside over the court, he shall so advise the council at any special or regular meeting, at which time they shall appoint a city recorder for the ensuing year and until his successor is appointed and qualified. When so appointed and qualified as provided in this section, the city recorder shall have full authority as judge of the court for the administration of its affairs. Any recorder so appointed shall be subject to removal, with or without any stated cause, upon a majority vote by the mayor and council. (b) The recorder's salary shall be fixed by the mayor and council, and the recorder shall take such oath as may be prescribed by the mayor and council. (c) Any vacancy in the office of city recorder by reason of death, resignation, removal, or other reason shall be filled by appointment of the mayor and council. In his disqualification or absence, the mayor or mayor pro tempore may hold the court and may exercise all the powers conferred by law or this charter upon the recorder. Section 6-102. Penalty for violation of laws, ordinances . The recorder or any authorized presiding officer of the recorder's court may punish for any violation of a city ordinance or law by fine not to exceed $1,000.00, by imprisonment not to exceed 12 months, by work in the work gang on the public streets or on such public works as the authorities may employ the work gang not to exceed 30 days, or by any one or more of these punishments in the discretion of the recorder or presiding officer of said court. Section 6-103. Authority of recorder same as justice of the peace . The recorder shall to all intents and purposes be the same
Page 4736
as a justice of the peace so far as to enable him to issue warrants for offenses committed within the city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the county jail of Gordon County, or to admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Section 6-104. Sentence for contempt . When sitting in a court as a recorder, the judge or presiding officer thereof shall have the power to punish for contempt by fine not exceeding $100.00, by imprisonment in the manner prescribed in Section 6-102 of this chapter not exceeding 30 days, or by one or both or any part thereof in the discretion of the presiding officer. Section 6-105. Warrants; form, scope, execution; recorder's authority to hear evidence, grant bond . (a) The recorder shall be authorized to issue warrants for any offense under any law or ordinance of the City of Calhoun or this state and, when the offense is against state laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a state court having jurisdiction to try the same. If the offense charged in the warrant is one against any law or ordinance of the City of Calhoun, the arresting officer shall carry the same before the recorder's court, where same shall be disposed of as other cases of arrest not under warrant. (b) All warrants issued by the recorder or anyone authorized to preside in the recorder's court shall be directed to the chief of police of the City of Calhoun, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia; and any one of said officers shall have the authority to execute warrants. Section 6-106. Witnesses . The recorder or any authorized presiding officer of the recorder's court shall have power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this state, to compel attendance, and to punish any witness who has been duly subpoenaed and fails to attend under the provisions heretofore provided for contempt. Section 6-107. Ministerial officers of recorder's court; attendance, duties . The ministerial officers of the recorder's court
Page 4737
shall be the policemen of the city to whom all mesne and final processes shall be directed. The officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court and shall do and perform such duties connected with the court as may be required of them. Section 6-108. Certiorari; costs; bond required; failure to give bond . (a) Any person convicted before the recorder or other presiding officer of the recorder's court shall have the right to petition the Superior Court of Gordon County for issuance of a writ of certiorari, provided all costs are first paid and bond and security given in double the amount of the fine imposed to answer the final judgment rendered in the case. (b) Nothing in this section shall prevent the defendant who desires to obtain a writ of certiorari therefor from the superior court from doing so; provided, however, that the applicant failing to give bond and security may, in the discretion of the recorder, be placed in the city prison or county jail to await the final judgment of the appeal. Nothing in this section shall be construed to prevent any person convicted in the recorder's court of a violation of any ordinance of the city from petitioning for a writ of certiorari directly to the superior court in accordance with provisions of state law in such cases. Section 6-109. Hearing on certiorari; notice; costs; forfeiture of bond . (a) The judge of the superior court who grants certiorari may hear the appeal after giving notice to each party or his attorney of the time and place of hearing, the mayor being required to certify and send up to the superior court a complete and accurate history of the case as his answer to the petition for certiorari and the defendant having the right to traverse the answer as provided by law. (b) The mayor and council shall pass ordinances regulating the costs for appeals and certiorari and for the forfeiture of all bonds. ARTICLE VII School Board Section 7-101. School board; composition, terms, qualifications. Section 7-102. Organization of board. Section 7-103. Authority of board. Section 7-104. Authorization of receipt of money for schools.
Page 4738
Section 7-105. Annual operating and capital budgets. Section 7-101. School board; composition, terms, qualifications . (a) The board of education of the schools of the City of Calhoun shall consist of five members to be chosen from the citizens of the city for a term of two years from the date of their election on the same staggered-term basis in existence on the effective date of this charter so that three members are elected at one annual election and two members are elected at the next annual election. The annual election for members of the board of education of the schools of the city shall be held on the third Wednesday in November of each year. (b) All vacancies occurring on the board by death, resignation, or disqualification shall be filled for the remainder of the unexpired term by election of the board of education of the city, at such times and under such rules as they may prescribe. (c) The members of said board shall have resided in the City of Calhoun for two years immediately preceding the date of their election and shall be 25 years of age or older and of good moral character. Section 7-102. Organization of board . The officers of the board of education of the school system shall consist of a president, vice-president, and secretary. The officers shall be elected in such manner and at such times as said board of education may determine, and said board shall prescribe the duties of its officers. The appointed local school superintendent shall serve as executive secretary and treasurer for the school board. Section 7-103. Authority of board . The school board of education shall regulate and from time to time modify and enlarge the system of public schools for the City of Calhoun. The board shall have authority to purchase sites, erect buildings, rent buildings, to purchase appurtenances and furniture for school purposes, to employ teachers, to suspend or discharge them for good cause, to prescribe the terms upon which students are to be received in the schools, and to establish such rules, regulations, and bylaws as they deem right and proper in maintaining a system of public schools in the city. Section 7-104. Authorization of receipt of money for schools . The State Department of Education and the State School
Page 4739
Superintendent are authorized to pay the treasurer of the Calhoun City Board of Education all school funds due the city school system through the adequate program of education or through any other laws and regulations set forth by the legislature or by the Constitution of the State of Georgia for distribution of funds for public schools. This section shall apply so long as public schools are maintained in the City of Calhoun as an independent school system. Section 7-105. Annual operating and capital budgets . The school board of education shall submit to the mayor and council at a regularly scheduled council meeting an annual operating and capital budget to be funded from local sources of revenue. The mayor and council shall not be authorized to adopt the budget submitted by the school board of education until at least the next regular council meeting following the date of submission. ARTICLE VIII General Provisions Section 8-101. Terms of present officers. Section 8-102. Ordinances and regulations. Section 8-103. Contracts and obligations; proceeding. Section 8-104. Section captions; rules of construction. Section 8-105. City officers and employees. Section 8-106. Severability. Section 8-107. Specific repealer. Section 8-108. Effective date. Section 8-109. Standard repealer. Section 8-101. Terms of present officers . All present elected officers of the city shall hold their offices until the expiration of their present terms and until their successors are elected and qualified, except as provided in this charter. Section 8-102. Ordinances and regulations . Existing ordinances, resolutions, rules, and regulations of the city and its agencies now lawfully in effect and not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified, or amended.
Page 4740
Section 8-103. Contracts and obligations; proceeding . (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the city or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the city. (b) No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending at the effective date of this charter by or against the city or its departments and agencies shall be abated or otherwise affected by the adoption of this charter. (c) The existing agency and departmental organization of the city shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the mayor and council and administrative regulations consistent therewith. Section 8-104. Section captions; rules of construction . (a) The captions of the several sections of this charter are informative only and are not to be construed as a part thereof. (b) The word shall in this charter is intended to be mandatory and the word may is to be permissive. (c) In the construction of this charter, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the adopting body: (1) City: The words the city or this city shall mean the City of Calhoun, Georgia. (2) County: The words the county or this county shall mean the County of Gordon, Georgia. (3) Gender: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, and corporations as well as to males. (4) Governing body or governing authority: The words governing body or governing authority shall mean the mayor and council of the City of Calhoun, Georgia.
Page 4741
(5) Number: Words used in the singular include the plural and the plural includes the singular number. (6) Or, and: Or may be read and and and may be read or if the sense requires it. (7) Other officials or officers, etc.: Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., mayor, city council, clerk of council, they shall be deemed to refer to officials of the City of Calhoun, Georgia. (8) Council or city council: The words council or city council shall mean or refer to council members of the governing authority, excluding the mayor. (9) Person: The word person shall extend and be applied to firms, partnerships, associations, organizations, and bodies politic and corporate, or any combination thereof, as well as to individuals. (10) State: The words the state or this state shall be construed to mean the State of Georgia. Section 8-105. City officers and employees . All elected or appointed officers and employees of the city immediately prior to the adoption of this charter shall continue in their positions until the end of their terms of office or, if no term is provided, then as otherwise provided by this charter or ordinance. Section 8-106. Severability . 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8-107. Specific repealer . An Act providing a new charter for the City of Calhoun, approved April 9, 1963 (Ga. L. 1963, p. 3120), as amended by an Act approved April 18, 1969 (Ga. L. 1969,
Page 4742
p. 2997), by an Act approved March 27, 1972 (Ga. L. 1972, p. 2429), and by an Act approved March 21, 1974 (Ga. L. 1974, p. 2241), is repealed in its entirety. Section 8-108. Effective date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8-109. Standard repealer . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, local legislation in the form of a bill to create a new charter for the City of Calhoun, and for other purposes. J. C. Maddox Representative, 7th District Georgia, Gordon County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. C. Maddox who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following dates: December 22 and 29, 1982 and January 5, 1983. /s/ J. C. Maddox Representative, 7th District
Page 4743
Sworn to and subscribed before me, this 15th day of January, 1983. /s/ Mary Free Notary Public, Georgia State at Large. My Commission Expires 3-28-84. (Seal). Approved April 8, 1983.
Page 4744
ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES
Page 4745
BLECKLEY COUNTYSMALL CLAIMS COURTCOMPENSATION FOR JUDGE. Resolution Whereas, the legislature of the State of Georgia passed an Act known as Courts of Limited Jurisdiction Compensation Act of 1982 (Georgia Laws 1982, page 1737) in which Section 4(a) provides, The governing authority of each county of this state in which there is a court in which the judge of said court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said court shall prior to July 1, 1982, elect to provdie compensation for the judges of the courts of limited jurisdiction on a salary basis; and Whereas, pursuant to Section 7 of the Courts of Limited Jurisdiction Compensation Act of 1982, the Judge of the Small Claims Court of Bleckley County, Georgia, has been designated as a full-time judge by the Chief Judge of the Superior Court of Bleckley County; and Whereas, pursuant to Section 7 of the Court of Limited Jurisdiction Compensation Act of 1982, the Justice of the Peace of the Cochran Militia District, being No. 386, has been designated a parttime judge by the Chief Judge of the Superior Court of Bleckley County; The governing authority of the County of Bleckley acting under the laws of the State of Georgia as set out in the Courts of Limited Jurisdiction Compensation Act of 1982 (Georgia Laws 1982, page 1737) adopts the following resolutions: (1) The judge of the Small Claims Court of Bleckley County, Georgia, having been designated a full-time judge pursuant to law, shall be paid an annual salary of $13,500 effective July 1, 1982, payable in equal monthly installments. (2) The Justice of the Peace of the Cochran Militia District, being No. 386, having been designated as a parttime judge pursuant to law, shall be paid an annual salary of $7,000 effective July 1, 1982, payable in equal monthly installments.
Page 4746
(3) The Judge of the Small Claims Court of Bleckley County, Georgia, and the Justice of the Peace of the Cochran Militia District, being No. 386, shall charge and collect for the official duties performed by said courts the same fees as are provided by law, but any and all such fees so collected shall be the property of Bleckley County and shall be paid into the County Treasury as provided by an Act approved March 10, 1964 (Georgia Laws 1964, Page 337). (4) Expenses for additional personnel, equipment, supplies, and other necessary and reasonable expenses for the operation of said courts of limited jurisdiction shall be paid out of such funds as shall be budgeted by the county governing authority for the operation of such courts of limited jurisdiction. In witness whereof, the undersigned as Sole Commissioner for the County of Bleckley, has adopted the foregoing resolutions on the dates indicated below. Approved, this 7th day of June, 1982. /s/ Jackie Holder, as Sole Commissioner of Bleckley County, Georgia Approved, this 14th day of June, 1982. /s/ Jackie Holder, as Sole Commissioner of Bleckley County, Georgia Filed this 16th Day of June, 1982. Bleckley County, Georgia. /s/ Dianne Brown Deputy Clerk, Superior Court Order Pursuant to an Act known as Courts of Limited Jurisdiction Compensation Act of 1982 (Georgia Laws 1982, Page 1737) requiring the Chief Judge of Bleckley County, Georgia, to designate
Page 4747
full-time and parttime judges of courts of limited jurisdiction in Bleckley County, Georgia, and after considering the factors required by said Act in deciding and designating full-time and parttime judges of courts of limited jurisdiction in Bleckley County, Georgia, it is Ordered that (1) The Judge of the Small Claims Court of Bleckley County, Georgia, being at present Dewey M. Brown, who is certified by the Georgia Justice Courts Training Council in accordance with Georgia Laws 1978, page 894, is hereby designated as a full-time judge; and (2) The Justice of the Peace for the Cochran Militia District, being No. 386, who at present is F. Gene Horne, who is certified by the Georgia Justice Courts Training Council in accordance with Georgia Laws 1978, page 894, is hereby designated as a parttime judge. (3) The above designations shall continue until further order of the Court. This 7th day of June, 1982. /s/ Hugh Lawson, Chief Judge Bleckley Superior Court Filed this 28th Day of June, 1982. Bleckley County, Georgia. /s/ Dianne Brown Deputy Clerk, Superior Court Notice State of Georgia County of Bleckley Pursuant to Georgia Laws 1982, page 1737, an Act entitled Courts of Limited Jurisdiction Compensation Act of 1982 has been implemented by the Commissioner of Bleckley County.
Page 4748
The Judge of the Small Claims Court of Bleckley County has been designated as a full-time judge by the Chief Judge of Bleckley County and the Justice of the Peace of General Militia District 386 has been designated as a parttime judge by the Chief Judge of Bleckley County. The Resolution implementing Plan A of said Act, establishing annual salaries, and requiring all funds collected as fees for official duties performed by said courts of limited jurisdiction to be paid into the County Treasury, is on file in the Office of the Clerk of the Superior Court of Bleckley County, Georgia. Jackie Holder, Commissioner State of Georgia County of Bleckley Affidavit of Publisher Personally appeared before the undersigned officer authorized to administer oaths Mrs. Jewell L. NeSmith, who on oath deposes and says: That she is President of Bleckley Publishing Company, Inc., which publishes The Cochran Journal, a newspaper of Bleckley County, Georgia, which is the official organ of said county. That deponent is the editor and publisher of the Cochran Journal. That on June 16, June 23, and June 30, 1982, a legal advertisement appeared in The Cochran Journal advertising public notice of the fact that the governing authority of Bleckley County, Georgia, had implemented a resolution adopting Plan A of the Courts of Limited Jurisdiction Compensation Act of 1982 in Bleckley County establishing annual salaries for Judges of Courts of limited jurisdiction in Bleckley County and said notice contained a provision that the resolution implementing said act was on file in the office of the Clerk of the Superior Court of Bleckley County, Georgia. /s/ Mrs. Jewell L. Nesmith
Page 4749
Sworn to and subscribed before me this 7th day of September, 1982. /s/ W. Lonnie Barlow Notary Public, State of Georgia My Commission Expires: 8-1-1983 Notarial Seal Filed in the Office of the Secretary of State September 10, 1982. BUTTS COUNTYAUDIT OF COUNTY BOOKS, ETC.PROVISIONS CHANGED. Resolution A Resolution of the Butts County Board of Commissioners of the State of Georgia, to repeal an Act entitled An Act to amend an Act entitled ` An Act to create a Board of Commissioners of Road and Revenues for Butts County, Georgia; to provide for the election of members of the same and their qualifications; to define their powers and duties; to repeal conflicting laws; and for other purposes. ', approved February 24, 1941 (Ga. L. 1941, p. 793), as amended by an Act approved February 22, 1943 (Ga. L. 1943, p. 841), and Act approved February 1, 1946 (Ga. L. 1946, P. 239), and an Act approved February 4, 1949 (Ga. L. 1949, P. 191), so as to require, authorize and direct the Board of Commissioners of Roads and Revenues for Butts County, Georgia to have all of the books, files and records of the various county officers of the county audited by some certified public accountant licensed in the State of Georgia at least once every six months; to provide for the costs and expenses of such audits; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes, which law appears in Ga. L. 1961, p. 2011 et seq.; to repeal same in order that the general law of the State of Georgia as relates to audits of county books, files and
Page 4750
records as shown in Ga. L. 1980, p. 1738 et seq. shall apply to the various county officers of Butts County, Georgia. Be it Ordained by the Board of Commissioners of Butts County, Georgia, and it is hereby ordained by the authority of the same as follows: Section 1 . The Act of the Georgia General Assembly entitled An Act to amend an Act entitled `An Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia; to provide for the election of members of the same and their qualifications; to define their powers and duties; to repeal conflicting laws; and for other purposes., approved February 24, 1941 (Ga. L. 1941, p. 793), as amended by an Act approved February 22, 1943 (Ga. L. 1943, p. 841), an Act approved February 1, 1946 (Ga. L. 1946, p. 239), and an Act approved February 4, 1949 (Ga. L. 1949, p. 191), so as to require, authorize and direct the Board of Commissioners of Roads and Revenues for Butts County, Georgia to have all of the Books, files and records of the various county officers of the county audited by some certified public accountant licensed in the State of Georgia at least once every six months; to provide for the costs and expenses of such audits; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. is hereby repealed. Section 2 . This Resolution is adopted by the Board of Commissioners of Butts County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia, providing for home rule for counties which appears in Ga. L. 1965, p. 752 et seq. and which established Section II-A of the Article XV of the Constitution of the State of Georgia. Section 3 . This Resolution 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 Butts County for the purposes of examination and inspection by the public shall have been published in the Jackson Progress-Argus, the official gazette of the County, once a week for three weeks immediately preceeding its final adoption; the same shall have been adopted by two regular consecutive meetings of the Board of Commissioners of Butts County not less than sixty days apart, and a certified copy thereof shall have been filed with the
Page 4751
Secretary of 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 Resolution being adopted at a Regularly scheduled meeting on the Board of Commissioners of Butts County on the 5th day of April, 1982 and also at a regularly scheduled meeting of said Board on the 3rd day of May, 1982, it being required by the Constitution of the State of Georgia under the Home Rule provisions which appears in Ga. Laws 1965, P. 752 et seq. that such Resolutions be adopted at two regularly scheduled meetings on said Board of Commissioners of Butts County, the governing authority of the County of Butts. This Resolution being adopted after a synopsis of this Resolution was published in the Jackson Progress-Argus Newspaper, the official gazette of said County, once a week for three weeks prior to its adoption, with a copy of this Resolution having been made available to the public by placing a copy of same with the Clerk of the Superior Court of Butts County, Georgia. Butts County Board of Commissioners By: /s/ D. W. Bailey Chairman /s/ Newin L. Duffey Member Affidavit State of Georgia County of Butts Personally appeared before the undersigned attesting officer, W. Herman Cawthon, who, after first being duly sworn, states as follows: 1. Affiant is the Publisher of the Jackson Progress-Argus, the official gazette of Butts County, Georgia.
Page 4752
2. Affiant states that the notice shown on the attached Exhibit A was published in the Jackson Progress-Argus once a week for three weeks, said publications being on the 10th day of March 1982; the 17th day of March, 1982; and the 24th day of March, 1982. /s/ W. Herman Cawthon Affiant Sworn to and subscribed to before me this the 3rd day of May, 1982. /s/ Hugh M. Glidewell Notary Public State of Georgia (Seal) Notice Official Notice TO: The Citizens of Butts County, Georgia RE: Proposal to repeal the requirement that audit of the books, files and records of the various county officers be conducted once every year rather than every six months. The Butts County Board of Commissioners has before it a proposed Resolution that, if approved, would repeal the requirement that the Butts County Board of Commissioners have all books, files and records of the various county officers audited by some certified public accountant (Ga. L. 1961, P. 2011 et seq) and substituted therefore the general law of the State of Georgia as relates to audits of county books, files and records as shown in Ga. L. 1980, P. 1738 et seq., which requires an audit by some certified public accountant at least once every fiscal year of the County. Any person desiring to inspect said proposed Resolution may obtain a copy of same upon request at the Office of the Clerk of
Page 4753
the Superior Court of Butts County, in the Butts County Courthouse, Jackson, Georgia. Butts County Board of Commissioners By: Dave Bailey, Chairman Jimmy White, Member Nevin Duffey, Member Filed in the Office of the Secretary of State May 5, 1982. BUTTS COUNTYJUDGES, COURTS OF LIMITED JURISDICTIONCOMPENSATION. Resolution A Resolution of the Butts County Board of Commissioners of the State of Georgia: Whereas, Section 4, Part 1, Code Title 15, Chapter 22, (Ga. Laws 1982, Pages 1737-1751) allows the governing authority of each county of this State in which there is a court in which the judge of said court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said court, shall elect prior to July 1, 1982 to provide compensation for the judges of the courts of limited jurisdiction on a salary basis as provided in Section 5 of said Act or as provided in Section 6 of said Act, and respectively known as Plan of Compensation A Plan of Compensation B . Be it Ordained by the Board of Commissioners of Butts County, Georgia, and it is hereby ordained by the authority of the same as follows: Section 1 . The Board of Commissioners of Butts County do
Page 4754
elect to compensate the full-time and part-time judges of courts of limited jurisdiction in said county in accordance with Plan of Compensation A as set forth in Section 5 of said Act; Section 2 . The Board of Commissioners of Butts County do hereby set and establish the salary of part-time judges of such courts at $3,000.00 per year, to be paid in monthly increments of equal amounts; and do hereby set and establish the salary of full-time judges of such courts at $8,000.00 per year, to be paid in monthly increments of equal amounts. Section 3 . This resolution is adopted by the Board of Commissioners of Butts County, Georgia pursuant to the provisions of the Constitution of the State of Georgia, providing for home rule of counties which appears in Ga. L. 1965, P. 752 et seq. and which also appears as Paragraph I of Section II of Article IX of the Constitution of Georgia. Section 4 . This resolution 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 Butts County for the purposes of examination and inspection by the public shall have been published in the Jackson Progress-Argus, the official gazette of the County, once a week for three weeks immediately preceeding its final adoption; the same shall have been adopted by two regular consecutive meetings of the Board of Commissioners of Butts County not less than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of State of Georgia all in compliance with the provisions of the Constitution of the State of Georgia. Section 5 . All ordinances or parts thereof in conflict herewith are hereby repealed. This resolution being adopted at a Regularly scheduled meeting of the Board of Commissioners of Butts County on the 10th day of June, 1982, and also at a regularly scheduled meeting of said Board on the 7th day of July, 1982, it being required by the Constitution of the State of Georgia under the Home Rule provisions which appears in Ga. Laws 1965, P. 752 se seq. that such Resolutions be adopted at two regularly scheduled meetings of said Board of Commissioners of Butts County, Georgia, the governing
Page 4755
authority of the County of Butts. This Resolution having been adopted after a synopsis of this Resolution was published in the Jackson Progress-Argus Newspaper, the official gazette of said County, once a week for three weeks prior to its adoption, with a copy of this Resolution having been made available to the public by placing a copy of same with the Clerk of the Superior Court of Butts, Georgia. Butts County Board of Commissioners /s/ D.W. Bailey Chairman /s/ N. L. Duffey Member /s/ George N. Martin, Jr. Member State of Georgia County of Butts Affidavit Personally appeared before the undersigned attesting officer, Richard Dale Whiten, who, after first being duly sworn, states as follows: 1. Affiant is the editor of the Jackson Progress-Argus, the official gazette of Butts County, Georgia. 2. Affiant states that the notice shown on the attached Exhibit A was published in the Jackson Progress-Argus once a week for three weeks, said publications being on the 16th day of June,
Page 4756
1982; the 23rd day of June, 1982; and the 30th day of June, 1982. /s/ Richard D. Whiten Affiant Sworn and subscribed to before me this 8th day of July, 1982. /s/ Diane Rosser Notary Public, State of Georgia My Commission Expires May 7, 1983 (Seal) Notice TO: The Citizens of Butts County, Georgia. RE: Proposal to place all court of limited jurisdiction as defined in an Act entitled Courts of Limited Jurisdiction Compensation Act of 1982 on an annual salary, with full-time judges thereunder receiving an annual salary of $8,000.00; and part-time judges thereunder receiving an annual salary of $3,000.00. The Butts County Board of Commissioners has before it a proposed Resolution that, if approved, would establish the annual salary of judges of the limited jurisdiction within said County as follows: Full-time judges to receive an annual salary of $8,000.00; part-time judges to receive an annual salary of $3,000.00. Said salary shall apply to the various justice of the peace courts and small claims court of said county. All fees henceforth charged and collected by the judges of said several courts shall be as are provided by law but any such fees so collected shall be the property of the county and shall be paid in the county treasury as provided for in said Act. Any person desiring to inspect said proposed Resolution may obtain a copy of same upon request at the Office of the Clerk of Superior Court of Butts County in the Butts County Courthouse,
Page 4757
Jackson, Georgia. Butts County Board of Commissioners By: Dave Bailey, Chairman Nevin Duffey, Member Filed in the Office of the Secreatry of State, July 12, 1982. CHATTOOGA COUNTYCOUNTY PURCHASES Resolution Whereas, the Commissioner of Chattooga County, by virtue and with authority of Article IX, Section 2, Paragraph 1 (Ga. Code 2-5901) is granted authority to pass such ordinance and resolutions and amend Local Acts of the General Assembly of Georgia; and Whereas, the Commissioner has determined that a need exists for amending certain provisions of the Act establishing his offices and providing powers; and Whereas, notice has been provided in accordance with the provisions of law, Now therefore, be it resolved by the Commissioner of Chattooga County and same is so resolved that Ga. Laws 1956, page 2899, as amended in Ga. Laws 1977, page 3865 is hereby amended as follows: Be it enacted by the Commissioner of Chattooga County that an Act creating the office of Commissioner of Chattooga County, Georgia, approved March 6, 1956 (Ga. Laws 1956, page 2899), as amended, particularly by an Act approved March 28, 1973 (Ga. Laws 1973, page 2323), and as amended by an Act approved
Page 4758
March 23, 1977 (Ga. Laws 1977, page 3865), is hereby amended by striking in its entirety Section 12 thereof, which reads as follows: All purchases of $500 or less, including, but not limited to, purchases of supplies, materials, equipment, road machinery, food and clothing, shall be at the discretion of the Commissioner without the necessity of any competitive bids. All such purchases in excess of $500 shall be made upon a sealed competitive bid, and to this end it shall be the duty of said Commissioner to estimate the county's needs and requirements as often as shall be required, but not less than four times per calendar year and to have said estimate published in the official organ of the county for which publication the legal rates of advertising shall be paid. The aforesaid estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened, and thereafter filed for two years in the office of the Commissioner for public inspection. Said supplies, material, equipment, road machinery, food and clothing, and other items shall be purchased from said lowest bidder, except that the Commissioner is hereby authorized in the exercise of his discretion to reject even the lowest bids if it is determined that such lowest bid is too high above the price paid for the same or similar items in surrounding counties. Provided, that if because of any loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to purchase any supplies, materials, food and clothing or other items, the Commissioner is hereby empowered to make said emergency purchases in his discretion and at the best available offer, taking into consideration the emergency situation and the quality and price of said items purchased. If because of any loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to repair any road equipment, cars or trucks, not at any time exceeding in cost $1,000.00 per vehicle for parts for cars or trucks and $2,500.00 per vehicle for parts for heavy road equipment, the same may be repaired without advertising for bids for furnishing same, provided said county supplies the necessary labor to install said parts and upon approval of the
Page 4759
Commissioner. In the event said county does not supply labor to install said parts, the Commissioner is hereby empowered to contract for said labor at the best available price, taking into consideration the emergency situation and need for said equipment. and inserting in lieu thereof a new Section 12, to read as follows: Section 12. All purchases of $1,000.00 or less, including but not limited to purchases of supplies, materials, equipment, road machinery, food and clothing shall be at the discretion of the Commissioner without the necessity of any competitive bids, or purchases of services without regard to amount shall be at the discretion of the Commissioner without the necessity of any competitive bids, except where required by general Statutes of the State of Georgia. All purchases, except emergencies and or used equipment, in excess of $1,000.00 shall be made upon sealed competitive bid, and to this end it shall be the duty of said Commissioner to estimate the county's needs and requirements as often as shall be required, but not less than four times per calendar year and to have said estimate published in the official organ of the county for which publication the legal rate of advertising shall be paid. The aforementioned estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened and thereafter shall be filed two years in the office of the Commissioner for public inspection. Said supplies, materials, equipment, road machinery, food and clothing, and other items shall be purchased from the lowest bidder, except that the Commissioner is hereby authorized in the exercise of his discretion to reject any or all bids if it is determined that said bids are too high above the price paid for the same or similar items in surrounding counties. The Commissioner is furhter empowered to purchase used equipment at auction or by private negotiation with any other county, individual, corporation or business if in his discretion he determines that said used equipment is satisfactory for use by
Page 4760
Chattooga County and said price is reasonable considering other equipment in the same condition. Provided, that if because of any loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to purchase any supplies, materials, food and clothing or other items, the Commissioner is hereby empowered to make said emergency purchases in his discretion and at the best available offer, taking into consideration the emergency situation and the quality and price of said items purchased. If because of any loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to repair any road equipment, cars or trucks, not at any time exceeding in cost $1,000.00 per vehicle for parts for cars or trucks and $2,500.00 per vehicle for parts for heavy road equipment, the same may be repaired without advertising for bids for furnishing same, provided said county supplies the necessary labor to install said parts and upon approval of the Commissioner. In the event said county does not supply labor to install said parts, the Commissioner is hereby empowered to contract for said labor at the best available price, taking into consideration the emergency situation and need for said equipment. All laws, resolutions, ordinances and parts of same in conflict with this resolution are hereby repealed. So adopted this 23 day of March, 1982. /s/ Wayne Denson Commissioner of Chattooga County, Georgia (Seal) Duly entered upon the Minutes of the Commissioner this 24th day of March, 1982. /s/ Rebecca S. Martin Clerk Filed in Clerks Office March 4, 1982. /s/ Sam L. Cordle, Jr., Clerk
Page 4761
Georgia, Chattooga County This is to certify that the attached three pages constitutes a true and correct copy of a resolution duly adopted by the Commissioner of Chattooga County and entered upon his minutes. This 24th day of March, 1982. /s/ Rebecca S. Martin Clerk of Chattooga County (Seal) Georgia, Chattooga County Personally appeared before the undersigned officer came WINSTON E. ESPY, publisher of The Summerville News , a newspaper of general circulation in Chattooga County, Georgia, who being duly sworn states under oath as follows: That the following advertisement, to-wit: Notice of Amended Act Now comes Wayne Denson, sole Commissioner of Chattooga County, Georgia and hereby provides notice of a proposed resolution amending Ga. Laws 1956, page 2899, Ga. Laws 1973, page 2323, and Ga. Laws 1977, page 3865. Notice is given that the Commissioner proposes to adopt an amendment to the aforementioned Acts by a resolution and pursuant to the Home Rule Authority for Counties as codified in Article IX, Section 2, Paragraph 1 (Ga. Code 2-5901). The proposed amendment will amend Section 12 of said Acts and provide for changes in the purchase power, requirements and general provisions regarding emergencies. A copy of the proposed amendment is on file in the Office of the Clerk of Superior Court for examination and inspection by the public and copy of same shall be furnished by the Clerk upon request. The first meeting to consider the adoption shall occur on March 9, 1982 at two o'clock p.m. in the Courtroom of the Chattooga County Courthouse and the final meeting shall occur on
Page 4762
March 23, 1982 at two o'clock p.m. in said courtroom. The public is invited to attend said meetings and review the proposed amendment. This 1st day of March, 1982. WAYNE DENSON, Sole Commissioner of Chattooga County, Georgia appeared in The Summerville News on March 4, 1982, March 11, 1982, and March 18, 1982. This 23rd day of March, 1982. /s/ Winston E. Espy Publisher Sworn to and subscribed before me this 23rd day of March, 1982. /s/ Joyce M. Whited Notary Public My Commission expires July 20, 1985. (Seal) Filed in the Office of the Secretary of State April 5, 1982. CLARKE COUNTYPURCHASES. A Resolution amending an Act creating A New Board of Commissioners of Clarke County, Georgia, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3628) so as to change the provisions relating to the purchase of equipment,
Page 4763
supplies, materials and services, pursuant to Home Rule Authority granted by the provisions of Article IX, Section II, Paragraph I of the Georgia Constitution; to provide an effective date; and for other purposes. Whereas, the provisions of Article IX, Section II, Paragraph I of the Georgia Constitution authorize county governing authorities to amend local acts of the General Assembly of Georgia applicable to such county governing authorities; and Whereas, the Board of Commissioners of Clarke County, Georgia has determined that it is in the best interests of Clarke County that the provisions of the local act of the General Assembly hereinafter cited pertaining to requirements for purchasing by the county shall be amended so as to provide greater flexibility to enable the county to more economically and efficiently purchase equipment, supplies, materials and services. Now therefore Be it Resoloved by The Board of Commissioners of Clarke County, Georgia: Section 1 . Pursuant to home rule authority granted by Article IX, Section II, Paragraph I of the Georgia Constitution, an act of the General Assembly of Georgia creating a new Board of Commissioners of Clarke County, Georgia, approved March 29, 1973 (Ga. Laws 1973, p. 2467) as amended, particularly by an act approved March 31, 1976 (Ga. Laws 1976, p. 3628) is hereby amended by striking from Section 30 of that act the following: All purchases of supplies, equipment and services and other materials in an amount in excess of $2,000.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Clarke County for two weeks once a week before the date of purchase. The amount paid for personal services shall be negotiated without advertisement rather than on a bid basis., and by inserting in lieu thereof, the following: All purchases of equipment, supplies, materials and services shall be in accordance with the provisions of general law and written procedures adopted by resolution of the Board of Commissioners
Page 4764
of Clarke County, Georgia. Section 2 . This amendment shall become effective on May 12, 1982. The foregoing Resolution was first adopted at a regular meeting of the Board of Commissioners of Clarke County, Georgia on April 13, 1982. Board of Commissioners of Clarke County, Georgia By: /s/ J. R. Holland, Chairman Attest: /s/ B. E. Lumpkin, Jr. County Clerk The foregoing Resolution was finally adopted at a regular meeting of the Board of Commissioners of Clarke County, Georgia on May 11, 1982. Board of Commissioners of Clarke County, Georgia By: /s/ J. R. Holland, Chairman Attest: /s/ B. E. Lumpkin, Jr. County Clerk Certification I, B. E. Lumpkin, Jr., Clerk of the Board of Commissioners of Clarke County, Georgia, hereby certify that the attached document is a true and correct copy of said document as adopted by the Board of Commissioners of Clarke County, Georgia, at a meeting of said Board on the 11th day of May, 1982, and entered in the official records of Clarke County. /s/ B. E. Lumpkin, Jr. May 12, 1982 (Seal)
Page 4765
Sworn to and subscribed before me this 12th day of May, 1982. /s/ William L. Foster (notary public) Notary Public, Georgia State at Large My Commission Expires December 18, 1984 (Seal) Affidavit of Publication of Notice of Home Rule Amendment Clarke County Georgia Pete McCommons personally appeared before the undersigned officer authorized to administer oaths and, after being duly sworn, stated that he is the editor and publisher of THE ATHENS OBSERVER, that THE ATHENS OBSERVER is the official county organ of Clarke County, Georgia, and that the Notice of Home Rule Amendment to Local Legislation attached to this affidavit as Exhibit A was published in THE ATHENS OBSERVER on April 16, April 23, and April 30, 1982. This 24th day of May, 1982. /s/ Pete McCommons Editor and Publisher, The Athens Observer Sworn to and subscribed before me this 24th day of May, 1982. /s/ John Jay McArthur Notary Public Notice of Home Rule Amendment To Local Legislation Notice is hereby given that the Board of Commissioners of Clarke County, Georgia proposes to adopt a resolution to amend the provisions of an act creating a new Board of Commissioners of Clarke County, Georgia, approved March 29, 1973 (Ga. Laws
Page 4766
1973, p. 2467) as amended, particularly by an act approved March 31, 1976 (Ga. Laws 1976, (Ga. Laws 1976, p. 3628), so as to delete the requirement that purchases of equipment, supplies, services and other materials in amounts in excess of $2,000.00 shall be by competitive bids after advertisement and to provide instead that all purchases of equipment, supplies, services and materials shall be in accordance with written procedures adopted by the Board of Commissioners. This resolution was considered for initial adoption at the regular meeting of the Board of Commissioners of Clarke County, Georgia held on April 13, 1982 and it will be considered for final adoption at a regular meeting of the Board in the Clarke County Courthouse at 7:30 p.m. on May 11, 1982. A copy of the proposed resolution is on file in the office of the Clerk of the Superior Court of Clarke County, Georgia for the purpose of examination and inspection by the public and a copy of that proposed resolution will be furnished to anyone upon written request. This notice is given and the resolution is proposed pursuant to the provisions of Article IX, Section II, paragraph I of the Georgia Constitution, providing for home rule for counties. The Board of Commissioners of Clarke County, Georgia Filed in the Office of the Secretary of State May 27, 1982 CLAYTON COUNTYEMPLOYEES' RETIREMENT. RESOLUTION 82-8 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 1975, p. 3682) approved April 17, 1975, as further amended under the County Home Rule Act by the Board of Commissioners of Clayton (Resolution 80-25) dated December
Page 4767
16, 1980, is hereby further amended to the early retirement requirements (age 55 and 15 years of service) and to provide actuarially reduced benefit payable, if the employee so elects, prior to age 65; to provide a new formula to be used to calculate benefits upon retirement: to provide an increased percentage of pay for disability retirement: to provide for normal retirement at age 60 for safety personnel: to add an additional optional benefit payment arrangement: to provide a 10% increase in benefits to present retireds as of July 1, 1981; and for other purposes. Be it Resolved by the County Commissioners of Clayton County, Georgia and it is hereby resolved: Section 1 . This Section 6. (a - 1) Normal Retirement Date is hereby amended by adding a sentence at the end of said subsection, to read as follows: Provided, however, the normal retirement date for all `Safety Personnel', as hereinafter defined, shall be the first day of the month following his attainment of age 60. `Safety Personnel' are defined for purposes of this Act as those employees who are sworn officers. Section 2 . This section 6. (a - 2) Normal Retirement Benefit is hereby amended by deleting the first paragraph of said subsection in its entirety and inserting in lieu thereof a new paragraph, to read as follows: The participant, upon retirement on his normal retirement date will receive a monthly pension payable for life equal to the sum of (i) and (ii) below then multiplied by (iii) below, in accordance with the following: (i) 1% (.01) of final average annual earnings up to $15,000.00, (ii) 1-% (.015) of final average annual salary in excess of $15,000.00 (iii) Number of years of credited service. Note: Upon normal retirement an employee will not receive any
Page 4768
less benefit than he would have received had the formula under H.. 85 not been changed. Section 3 . This section 6. (b - 1) Early Retirement Date is hereby repealed in its entirety and a new subsection (b - 1) Early Retirement Date is enacted and shall read as follows: The early retirement date of a participant shall be the first day of any month following the attainment of age 55 and completion of at least 15 years of credited service at said time. Section 4 . This Section 6. (b - 2) Early Retirement Benefit is hereby amended by adding a sentence at the end of said subsection, to read as follows: Provided however, if benefit payments are deferred to a participant's normal retirement date then there is no actuarial reduction. A participant may elect to have payments commence at anytime between his early retirement date and normal retirement date and, in such event, the benefit will be actuarially reduced to reflect the period of time between the participant's normal retirement date and benefit commencement date. Section 5 . This section 6. (c - 1) Deferred Retirement Date is hereby repealed in its entirety and a new subsection (c - 1) Deferred Retirement Date is enacted and shall read as follows: If a participant continues in the employ of the County after his normal retirement date, his participation in the plan shall continue, but no benefit payments shall be made during the period of continued employment. Each participant shall retire no later than age 70 unless his department head, with concurrence of the Pension Board, request that the participant remain in the employ of the County, and the participant so agrees, on a year-to-year basis after age 70. Section 6 . This section 6. (d - 1) Election of Optional Retirement Benefits is hereby amended by deleting the words ..... or revoke a previous election and make a new election at anytime, at least one year..... so that said subsection shall read as follows:
Page 4769
A participant may elect, prior to retirement, to receive his income under one of the options hereinafter set forth in lieu of the retirement benefit he is otherwise entitled to receive and such benefits shall be paid in accordance with the terms of such election option. Election of any option must be made by the participant in writing. Section 7 . This section 6. (d - 2) Description of Options is hereby amended by adding a subsection (3) at the end of said subsection to read as follows: (3) Level Income in the event payment of an early retirement benefit commences prior to the earliest age as of which the participant will become eligible for an Old-Age Insurance Benefit under the Social Security Act, then the amount of the early retirement benefit may be adjusted so that an increased amount will be paid prior to such age and reduced amount thereafter. The purpose of this adjustment is to enable the participant to receive, from this Act and under the Social Security Act, an aggregate income in approximately a level amount for life. Section 8 . This Section 6. (e - 2) Disability Retirement Benefit is hereby amended by deleting from the second sentence the words ..... 50 percent..... and substituting in place thereof ..... 60 percent..... and shall be further amended by adding the words ..... or such estimated amount if the participant is not covered under the Federal Social Security Act through the County,..... following the words ..... Federal Social Security Act..... in the second sentence so that said subsection shall read as follows: Upon retirement on his disability retirement date, a participant shall receive a monthly retirement benefit payable on the first day of each month thereafter during the lifetime of the participant and continuation of disability. The amount of such monthly retirement payments shall be equal to 60 percent of the participant's monthly rate of earnings as of the date of disability minus the amount of primary benefits to which the participant may be entitled under the Federal Social Security Act or such estimated amount if the participant is not covered under the Federal Social Security Act through the county, but not less than the full accrued benefit computed in the same manner as
Page 4770
for a normal retirement benefit, but based on average compensation and service of the participant as of his disability retirement date. Section 9 . This section 6. (f - 1) Death Benefits Prior to Retirement is hereby amended by adding a second paragraph to said subsection to read as follows: If the death of a participant who has retired under the early retirement provision of this Act occurs prior to the receipt of benefit payments, then, in such event, his designated beneficiary shall receive 60 monthly payments calculated as if the participant has retired as of the first of the month following the date of his death. Section 10 . This section (g - 1) Termination Benefits is hereby amended by deleting the words ..... age 65..... in the first sentence following the table of Percentage of Pension Vested and substituting the words ..... his otherwise normal retirement date..... so that said sentence shall read as follows: The participant may notify the Pension Board as to his whereabouts when he reaches his otherwise normal retirement date and also provide to the satisfaction of the Pension Board his identity to qualify and receive such benefits. Section 11 . This section 6 is hereby amended by adding a new subsection (h - 1) Increased Benefits to Participants Retired on July 1, 1981 to read as follows: (h - 1) Increased Benefits to Participants Retired on July 1, 1981. All participants who were retired and receiving benefit payments on July 1, 1981, including any designated beneficiary in receipt of monthly benefits as of July 1, 1981, shall receive a ten percent (10%) increase in his monthly benefit effective July 1, 1981. Section 12 . This Section 6. (a - 2) is hereby amended by deleting the words as determined by his W-2 earnings statement from the third paragraph. The third paragraph then will read as follows:
Page 4771
average salary to be used for the calculation of benefits will be determined as 1/12 of the arithmetic average of the employee's five (5) highest consecutive years of compensation received during the last ten (10) years of his employment, provided, however, that if retirement occurs prior to the completion of five years of service, such average shall be computed with respect to annual compensation during the total years prior to retirement. Section 13 . 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 has been filed with the Secretary of State of the State of Georgia. All benefit improvements shall be retroactive to July 1, 1981. Adopted this the 2 day of February, 1982 Clayton County Board of Commissioners /s/ Charley Griswell Chairman /s/ Annie Ruth Ford Vice-Chairman /s/ Loren B. Cheaves Commissioner /s/ Ernest Wright 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 January 19, 1982 with the following members present and voting in favor: Chairman Charley Griswell, Vice Chairman Annie Ruth Ford, Commissioner Loren B. Cheaves, Commissioner Raymond E.
Page 4772
Johnson, Commissioner Ernest Wright /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 February 2, 1982 with the following members present and voting in favor: Chairman Charley Griswell, Vice Chairman Annie Ruth Ford, Commissioner Loren B. Cheaves, Commissioner Ernest Wright /s/ Milton Worsham, Clerk Board of County Commissioners Clayton County Attest: /s/ Milton Worsham, Clerk (Seal) 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 January 19, 1982 and on February 2, 1982, to amend an Act pertaining to Clayton CountyClayton County Water Authority System of Pensions and Retirement Pay for County officers, deputies, and employees of Clayton County and Clayton County Water Authority so as to amend Georgia Laws 1971, Pages 2917 ET. SEQ. as amended by Georgia Laws 1972 Pages 3366 et. seq. so as to provide for early retirement, with an actuarially reduced pension upon termination at any time after attaining age 55 and
Page 4773
the completion of 15 or more years of service; to provide a new formula to be used to calculate benefits upon Normal Retirement, Early Retirement, Deferred Retirement, Death Prior to Retirement and Termination of Service; to provide an increased percentage of pay in the Disability Retirement Benefit; to provide that the Normal Retirement age for Safety Personnel shall be lowered to age 60 with no benefit improvements after age 60; to provide an additional Optional Retirement Benefit for those employees who retire prior to age 62 which will provide an increased benefit up to age 62 and a reduced benefit after age 62 (in order to adjust for the anticipated Primary Social Security benefit) to be known as the level income option; to provide a 10% increase in the monthly pension as of July 1, 1981 for all employees who were retired and receiving benefits as of such date; and for other purposes. All benefit improvements will be effective retroactive to July 1, 1981. 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. /s/ Milton Worsham, Clerk Board of County Commissioners Clayton County State of Georgia County of Clayton Personally appeared before the undersigned a notary public within and for said county and state, William L. Wadkins Publisher of Clayton News Daily, the official legal organ for the county of Clayton for the publication of official or legal advertisements for said county, said newspaper published at P.O. 368, Jonesboro, Georgia, County of Clayton, State of Georgia, who, being duly sworn, state on oath that the report of (sic) a true copy of which is hereto annexed, was published in said newspaper in its issue of the following dates: 1/12/82; 1/19/82 William L.Wadkins,Publisher. Acknowledgement of the publisher must be made before a notary
Page 4774
public or other official authorized to administer oaths. Sworn to and subscribe before me this date /s/ Brenda M. Morgan Notary Public My Commission Expires 6-28-82 Seal Filed in the Office of the Secretary of State February 25, 1982 DEKALB COUNTYBUDGET SUBMISSION AND APPROVAL DATES, ETC. AN ORDINANCE By the Board of Commissioners of DeKalb County, Georgia, under the Home Rule Provisions for Counties of the Constitution of the State of Georgia, to amend an Act, as amended, pertaining to the creation of the governing authority of DeKalb County, prescribing its duties, responsibilities, terms of office, method of election and related matters, by an Act of the General Assembly of 1956, Georgia Laws 1956, Page 3237, Section 20, as amended by Georgia Laws 1970, Page 3510, so as to amend said 1956 Act to revise Section 20 to change the proposed budget submission date and the date of final budget approval and adoption and so as to add a new provision dealing with the expenditures of county funds, and for other purposes. Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act, as amended, pertaining to the creation of the governing authority of DeKalb County, prescribing its duties, responsibilities, terms of office, method of election and related matters, Georgia Laws 1956, page 3237, Section 20, as amended by Georgia Laws 1970, Page 3510,
Page 4775
be and the same is hereby further amended as follows: I By deleting Section 20, as amended, in its entirety and substituting in lieu thereof the following: The chairman shall submit to the commission not later than December 15, of each year a proposed budget governing the expenditures of all county funds, including capital outlay and public works projects for the following calendar year. In any election year, if the incumbent chairman is not re-elected, this date may be extended to January 15 of the year to which the budget pertains. The proposed budget submitted to the commission shall be accompanied by a report containing information and date relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. The chairman shall upon delivery of the proposed budget, 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 on the proposed budget shall be held at a time and place certain, which time shall be not less than 10 days of the publication. At this public hearing the commission shall review the proposed budget. They may adopt the budget as presented by the chairman or they may make such amendments thereto as they deem necessary to maintain the county in a sound financial condition. Nothing herein shall prevent the commission from continuing the hearing on the proposed budget from time to time provided the time and place to which the hearing is continued shall be publicly announced at the previous hearing. However, the final budget shall be approved and adopted before March 1, of the year to which it pertains. The final budget shall constitute the commission's appropriations of all funds for such year, but it may be amended or revised during the year upon formal action of the commission in a regular meeting, but no increase in appropriations shall be made therein without provision also being made for financing same. A copy of the final budget adopted and each subsequent amendment thereto or revision thereof shall be transmitted by the chairman to the Grand Jury of DeKalb Superior Court then
Page 4776
in session within 10 days of its adoption. Between January 1 and such time as the new general budget for the County is adopted by the board of commissioners, the director of finance, with the approval of the chairman, shall be authorized to make such expenditures of County funds as are deemed necessary and proper for the continuing operation of the County and its various departments at the then-currently approved level of service. These expenditures shall not include disbursements for new personnel, new services, new equipment, or other items which could be interpreted as providing additional level of service not previously authorized. II All laws or parts of laws in conflict with this Ordinance are hereby repealed. III Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a Court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IV This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment 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.
Page 4777
V This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 27th day of October, 1981 and again on the 10th day of November, 1981, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VI 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. VII The provisions of this Ordiance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners this 10th day of November, 1981. /s/ Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia Attest: /s/ Patrick C. Glisson, Clerk, Board of Commissioners DeKalb County, Georgia Approved as to Form: /s/ George P. Dillard County Attorney
Page 4778
State of Georgia County of DeKalb I, Patrick C. Glisson, the duly authorized Clerk of the Board of Commissioners of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by them at two regular consecutive meetings held on October 27, 1981 and on November 10, 1981. This 10th day of November, 1981. /s/ Patrick C. Glisson, Clerk, Board of Commissioners DeKalb County, Georgia Publisher's Certificate State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Mary L. Crane, Co-publisher of Decatur-DeKalb News ERA, a newspaper publisher at Decatur, county of DeKalb, who, being duly sworn, states on oath that the report of Public Notice by Chairman Board of Commissioners a true copy of which is hereto annexed, was published in said newspaper in its issue of the 22, 29, 5 day of October and November respectively, 1981 /s/ Mrs. Mary L. Crane Publisher Sworn to and subscribed before me this 6th day of January 1982. /s/ Jean M. Lund Notary Public Notary Public, Georgia, State At Large My Commission Expires June 7, 1985 (Seal)
Page 4779
Public Notice The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia, will present to the full board at its regular meetings on October 27, 1981 and on November 10, 1981 an Ordinance to amend the Act creating the governing authority of DeKalb County, Georgia, known as Georgia Laws 1956, Page 3237, Section 20, as amended by Georgia 1970, Page 3510, to revise the proposed budget submission date from November 1 to December 15 of each year, to revise the final budget aproval and adoption date from January 1 to March 1 of the year to which it pertains and to add a new provision dealing with expenditure of County funds between January 1 and such time as the new general budget for the County is adopted by the Board of Commissioners. The public is further notified that in order to amend said Act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which ordinance specifically states changes to be made in the original Act, the authority to amend the original Act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies are available from him for interested members of the public. This 22nd day of October, 1981. /s/ Manuel J. Maloof Chairman Board of Commissioners DeKalb County Georgia Filed in the Office of the Secretary of State, January 18, 1982.
Page 4780
DEKALB COUNTYMERIT SYSTEM PERSONNEL CODE AN ORDINANCE By the Board of Commissioners of DeKalb County, Georgia, under the Home Rule Provisions for Counties of the Constitution of the State of Georgia, to amend an Act, as amended, pertaining to the DeKalb County Merit System, establishing a merit system in DeKalb County for employees of DeKalb County, creating a Merit System Council, prescribing their duties, responsibilities, terms of office, method of appointment and related matters, by an Act of the General Assembly of 1956, Georgia Laws 1956, Page 3111, et seq. as amended, so as to amend said 1956 Act to provide for the location and time of meetings of said Merit Council, to specify duties of the Merit Council, to provide for the adoption and implementation of a personnel code, to provide for the review of personnel actions except dismissals, and for other purposes. Be it Ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act, as amended, pertaining to the DeKalb County Merit System, establishing a Merit System in DeKalb County for the employees of DeKalb County, creating a Merit System Council, prescribing their duties, responsibilities, terms of office, method of appointment and related matters, Ga. Laws 1956, Page 3111, et seq., as amended, be and the same is hereby further amended as follows: I By deleting Section 3 in its entirety and substituting in lieu thereof the following: It shall be the duty, function, and responsibility of the merit system council to represent interests of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the merit system council shall be in the DeKalb County Courthouse or at such place as may be in designated by the Chairman of the Board of Commissioners. Said council may hold such meetings as may be required
Page 4781
for the discharge of its duties. II By deleting section 4(a) in its entirety and substituting in lieu thereof the following: Section 4. (a) The merit system council when requested by the Chairman of the Board of Commissioners, may hold public meetings regarding proposed rules and regulations and standards of the merit system and thereafter recommend to the Board of Commissioners the adoption of rules and regulations and standards effecting the merit system established under this Act. Said Board of Commissioners may adopt a personnel code which may include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the merit system or the merit system council. The rules and regulations may provide for the establishment of a register of persons eligible for appointment under the merit system, provided that no elected county officers shall be required to choose personnel solely from said register, but the personnel employed by such a county officer shall be processed in accordance with such rules and regulations as may be adopted. Said personnel code, rules and regulations when approved and adopted by the Board of Commissioners shall have the force of law and be binding upon all departments and offices of the County enumerated in the resolution creating the merit system as to all personnel subject to the jurisdiction of the Board of Commissioners. III By deleting section 4.(b) in its entirety and substituting in lieu thereof the following:
Page 4782
(b) The Chairman of the Board of Commissioners is authorized to implement the personnel code, rules and regulations adopted by said Board, by such procedures and rules as he deems appropriate and to provide for the review of personnel actions, except dismissals, in such manner as he deems appropriate, consistent with the policies established by the Board. (c) For the review of personnel action other than the dismissal of permanent classified employees for cause, the Board of Commissioners may establish employee review panels by whatever name known to review and conciliate such disputes in the manner and under such rules and regulations as may be prescribed by the Chairman of the Board of Commissioners or his disignee with such finality as may be directed by the Chairman. In the discretion of the Chairman the approval of the Board of Commissioners may be sought for any or all of such procedures. IV By striking in its entirety section 5 and inserting in lieu thereof the following: No permanent classified employee of any department or office of the county which has been brought under the merit system pursuant to this Act may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the merit system, as approved by the governing authority as aforesaid. Any employee so dismissed shall have the right of appeal pursuant to the rules and regulations so adopted for that purpose, by filing his notice of appeal in writing with the merit system director within ten (10) days after the date of his dismissal. The merit sysem council must hear and determine said appeal within forty-five (45) days after it is filed during which time said council must afford the dismissed employee a hearing before said council to fully explain his conduct for which he was dismissed. The decision of the council on such appeal shall be conclusive and binding upon the governing authority of said County as to whether such dismissal was for proper cause. An employee dismissed from employment in any office or department of the county due to curtailment in funds, reduction in staff, or abolition of the job held by such employee shall have no right of appeal.
Page 4783
V By adding a new section to be known as Section 5.A. to read as follows: Nothing contained in this Act or in any personnel code, rules or regulations, or practice adopted by the Board of Commissioners pursuant hereto shall create a property interest in any term of employment, other than dismissal, nor entitle any employee subject to the jurisdiction of the Board of Commissioners to a right or reasonable expectation that he will not be demoted, transferred, reclassified, reduced in pay, or have his responsibilities diminished. VI All laws or parts of law in conflict with this Ordinance are hereby repealed. VII 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, by the same shall remain of full force and effect as if separately adopted. VIII 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) days nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceeding its final adoption, such notice stating that a copy of the proposed amendment 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.
Page 4784
IX This Ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 23rd day of February, 1982, and again on the 9th day of March, 1982 at the regular time and place of the meeting of said Board. X 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 same for distribution to those members of the public who desire the same. XI The provisions of this Ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners this 9th day of March, 1982. /s/ Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia Attest: /s/ Patrick C. Glisson, Clerk, Board of Commissioners, DeKalb County, Georgia Approved as to Form: /s/ George P. Dillard County Attorney State of Georgia County of DeKalb I, Patrick C. Glisson, the duly authorized Clerk of the Board of Commissioners of DeKalb County, Georgia, do hereby certify
Page 4785
that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on February 23, 1982 and March 9, 1982. This 9th day of March, 1982. /s/ Patrick C. Glisson, Clerk, Board of Commissioners of DeKalb County, Georgia /s/ Gene H. Doi Notary Public Sworn to and subscribed before me this 10th day of March, 1982. I, the undersigned, Gene H. Doi, Dep., Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 9th day of March, 1982. And same appears in Minutes of said Board this 10th day of March, 1982. /s/ Gene H. Doi Deputy Clerk Board of Commissioners DeKalb County, Georgia State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which
Page 4786
is attached hereto, was published in said newspaper in its issues of the 11th, 18th, and 25th day of February, 1982. /s/ Gerald W. Crane, Publisher, Decatur-DeKalb News /s/ Linda L. Orr Notary Public Sworn to and subscribed before me this 25th day of February, 1982. (Seal) Public Notice The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia, will present to the full Board at its regular meetings on February 23, 1982 and March 9, 1982, an ordinance to amend the Act creating the DeKalb County Merit System Council known as Georgia Laws 1956, Page 3111, et seq., as amended, so as to amend said 1956 Act to provide for the location and time of meetings of said Merit Council, to specify duties of the Merit Council, to provide for the adoption and implementation of a personnel code, to provide for the review of personnel actions except dismissals, and for other purposes. The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners to adopt an Ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule Provisions for Counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed Ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies of said ordinance are available from him for interested members of the public.
Page 4787
This 11th day of February, 1982. Manuel J. Maloof Chairman, Board of Commissioners, DeKalb County, Georgia Filed in the Office of the Secretary of State March 12, 1982 DEKALB COUNTYPENSION BOARDINVESTMENTS. AN ORDINANCE An Ordinance to be entitled An Ordinance to Amend an Act approved March 6, 1962, Ga. Laws 1962, p. 3088 et seq, creating a system of pensions and retirement pay for officers, deputies and employees of DeKalb County and creating The Pension Board of DeKalb County so as to prescribe the authority for investing and reinvesting pension funds not immediately needed for the payment of pensions in stocks, bonds, securities, investment companies, first loans on real estate, to employ agents, advisors, counsel and attorneys and to delegate to them authority to make investments, and for other purposes. Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions of the Constitution of Georgia of 1976, Article IX, Section II, Paragraph I, Ga. Code Ann. 2-5901, that the Act approved March 6, 1962, Ga. Laws 1962, p. 3088, as amended, be and it is further hereby amended as follows: Section 1 . By deleting in its entirety Section 19 thereof which reads as follows: Section 19. The pension board shall have authority to invest and reinvest money which is held for the purpose of paying pensions,
Page 4788
but which is not needed for the immediate payment thereof, as determined by the board, in securities of the United States of America, including securities of agencies of said governments; of the State of Georgia; of DeKalb County; or any other county or municipality of the State of Georgia; or insured savings in savings and loan associations and State and National banks; corporate bonds and debentures or other evidence of indebtedness assumed or guaranteed by any solvent institution existing under the laws of the United States of America or any state thereof, which are not in default as to principal or interest and which are secured by collateral worth at least fifty per cent (50%) more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of such required collateral consists of common stock ; corporate stocks which are nonassessable dividend paying stocks, common or preferred in corporations having an A rating or better according to Standard and Poor's Index current at the time of the investment, provided cash dividends on such common stocks shall have been paid out of current earnings in at least two of the last three years preceding the purchase , provided, however, that the pension fund shall not own more than fifteen per cent (15%) of the issued and outstanding shares of any one corporation; in first loans on real estate that are guaranteed or insured by the Administrator of Veterans Affairs or of the Federal Housing Authority of the United States, provided, however, that these loans are handled and serviced by an investment firm engaged in that business and at service rate not to exceed the usual charge made by said firm for other like investors, provided further that the pension board shall not have invested in such loans at any one time more than twenty-five percentum (25%) of the entire pension fund; and in any other investment recommended by the expert agents and assistants hereinafter provided for . and inserting in lieu thereof a new Section 19 to read as follows: Section 19. The Pension Board shall have authority to invest and reinvest money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, as determined by The Board in: securities of the United States of America, including securities of the agencies of said government, of the State of Georgia, of DeKalb County, or any other county, municipality or authority of the State of Georgia;
Page 4789
insured savings and savings and loan associations and state and national banks; corporate bonds and debentures or other evidence of indebtedness assumed or guaranteed by any solvent institution existing under the laws of the United States of America or any state thereof which are not in default as to principal or interest; corporate stocks which are nonassessable dividend paying stocks, common or preferred, provided, however, that the pension fund shall not own more than fifteen percent (15%) of the issued and outstanding shares of any one corporation; first loans on real estate where the loans are guaranteed or insured by the Administrator of Veterans affairs or of the Federal Housing Authority of the United States, certificates of deposits in national banks and state banks insured by the Federal Deposit Insurance Corporation; repurchase agreements and any other investments approved by the Board upon the recommendation of a financial advisor employed by the Board. Said Board may employ such agents, advisors, counsel and attorneys deemed necessary, and delegate to them or any of them discretion to invest funds entrusted to them by the Board for investment purposes. Accurate records shall be maintained at all times by said Board and by all persons, firms or corporations holding securities purchased with said pension funds showing that said securities are held as a trust asset of said Board. Section 2 . Should any clause, part or portion of this Ordinance be declared unconstitutional or unenforceable by any court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but all such remaining portions shall remain in full force and effect as if separately adopted. Section 3 . All ordinances or parts of ordinances and all provisions of the aforesaid Act of 1962 in conflict herewith are hereby repealed. Section 4 . This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7), nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days
Page 4790
immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. Section 5 . This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 11th day of May, 1982, and again on the 25th day of May 1982, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. Section 6 . A copy of this Ordinance shall be filed with the Clerk of the Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of the same for distribution to those members of the public who desire the same. Section 7 . The provisions of this Act as hereby amended shall become effective upon its approval by the Board of Commissioners of DeKalb County, Georgia, as provided by law. ADOPTED THIS 25th day of May, 1982. DeKalb County, Georgia By: /s/ Manuel J. Maloof, Chairman Board of Commissioners Attest: By: /s/ Patrick C. Glisson, Clerk Board of Commissioners Approved as to Form: By: /s/ George P. Dillard County Attorney I, the undersigned, Patrick C. Glisson, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on
Page 4791
25 day of May, 1982. And same appears in Minutes of said Board this 16 day of June, 1982. /s/ Patrick C. Glisson Clerk, Board of Commissioners DeKalb County, Ga. Public Notice Synopsis of Proposed Amendment to the Act Creating a System of Pensions and Retirement Pay for DeKalb County Employees You are hereby notified that the Board of Commissioners of DeKalb County at 10:00 a.m. on the 11th day of May, 1982, and at 10:00 a.m. on the 25th day of May, 1982, will consider an ordinance pursuant to the home rule provisions of the Constitution of Georgia to amend an Act approved March 6, 1962 creating a system of pensions and retirement pay for officers, deputies and employees of DeKalb County, and creating The Pension Board of DeKalb County so as to prescribe the authority for investing and reinvesting pension funds not immediately needed for the payment of pensions in stocks, bonds, securities, investment companies, first loans on real estate, to employ agents, advisors, counsel and attorneys, and to delegate to them authority to make investments. Copies of the full text of said ordinance are available in the office of the Clerk of the Superior Court of DeKalb County at the DeKalb County Courthouse in Decatur, Georgia during normal business hours for the purpose of examination and inspection by the public and for distribution to those members of the public who desire same. This 30th day of April, 1982. Manuel J. Maloof, Chairman Board of Commissioners of DeKalb County
Page 4792
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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Pension Board Ordinance, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 6, 13, 20th day of May, 1982. Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr Agent Sworn to and subscribed before me this 20th day of May, 1982. /s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (Seal) Filed in the Office of the Secretary of State June 21, 1982. DEKALB COUNTYCOURTS OF LIMITED JURISDICTIONJUDGES' COMPENSATION. AN ORDINANCE By The Board of Commissioners of DeKalb County, Georgia, under the Home Rule provisions for counties of the Constitution of the State of Georgia, pertaining to the compensation and expenses of judges, constables and other personnel of certain courts of limited jurisdiction, as defined under House Bill No.
Page 4793
1847, providing for the expenses of the operation of said courts, and for other purposes. Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, and in accordance with the requirements of House Bill 1847, as follows: I WHEREAS, House Bill 1847, known as the Courts of Limited Jurisdiction Compensation Act of 1982, hereinafter referred to as the Act, Section 4, provides that the governing authority of each county of this State in which there is a Court of Limited Jurisdiction, as defined in Section 2 of said Act, in which the Judge of said Court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said Court, shall, prior to July 1, 1982, elect to provide compensation for the Judges of said Courts on a salary basis as provided in Section 5 of the Act or as provided in Section 6 of the Act; and, WHEREAS, Section 5 of said Act provides for a Plan of Compensation A under which each full-time and part-time Judge, as determined by said Act, shall be compensated by reasonable salary established by the governing authority of the County and that expenses for additional personnel, equipment, supplies, and other necessary and reasonable expenses for the operation of the Court shall be paid out of such funds as shall be budgeted by the County governing authority for the operation of such Courts of limited jurisdiction; It is Hereby Ordained that the Board of Commissioners of DeKalb County elects to provide compensation for the Judges, constables and other personnel of the Courts of Limited Jurisdiction within DeKalb County, under the provisions of House Bill 1847, and in accordance with Section 5 of said Act, and it is further ordained that the Board of Commissioners shall by official action establish a budget, including amounts for salaries, equipment, supplies and any other expenses deemed necessary and reasonable by the Board of Commissioners, and may assign
Page 4794
space in facilities owned or leased by DeKalb County for the operation of such Courts. II All laws or parts of laws in conflict with this Ordinance are hereby repealed. III Should any part, portion or paragraph of this Ordinance by declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IV This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the office organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceeding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. V This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 22nd day of June, 1982, at the regular time and place of the meeting of said Board, and again on the 30th day of June, 1982, at 3:00 P.M., at the regular place of meeting of the Board of Commissioners of DeKalb County, Georgia. VI A copy of this Ordinance shall be filed with the Clerk of
Page 4795
DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to interested members of the public. VII The provisions of this Ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners this 30th day of June, 1982. /s/ Manuel J. Maloof, Chairman, Board of Commissioners, DeKalb County, Georgia (Seal) Attest: /s/ Patrick C. Glisson, Clerk, Board of Commissioners DeKalb County, Georgia Approved as to Form: /s/ Gail C. Teate Deputy County Attorney State of Georgia County of DeKalb I, Patrick C. Glisson, the duly authorized Clerk of the Board of Commissioners of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the ordinance adopted by said Board of Commissioners at two (2) regular consecutive meetings held on June 22, 1982 and on June
Page 4796
30, 1982. This 30th day of June, 1982. /s/ Patrick C. Glisson, Clerk, Board of Commissioners, DeKalb County, Georgia State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the Public Synopsis, a true copy of which is attached hereto, was published in said newspaper in its issues of June 10, June 17, and June 24, 1982. /s/ Gerald W. Crane, Publisher Decatur-DeKalb News Sworn to and Subscribed before me this 24th day of June, 1982. /s/ Linda L. Orr Notary Public (Affix Seal and Date of Expiration) (Seal) Public Notice The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia, will present to the full Board at its regular meetings on June 22, 1982, at 9:00 a.m. and on June 30, 1982 at 3:00 p.m., at the DeKalb County Courthouse, Decatur, Georgia, an Ordinance pertaining to the compensation and expenses of judges, constables and other personnel of certain courts of limited jurisdiction, as defined under House Bill No. 1847, providing for the expenses of the operation of said Courts, and for other purposes.
Page 4797
The public is hereby further notified that in order to adopt said ordinance, it is necessary for the Board of Commissioners to adopt an ordinance at two (2) regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, under the authority having been granted the Board of Commissioners by the Home Rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies are available from him for interested members of the public. This 8th day of June, 1982. Manuel J. Maloof Chairman, Board of Commissioners, DeKalb County, Georgia Filed in the Office of the Secretary of State July 1, 1982. DEKALB COUNTYLICENSE REVIEW BOARD CREATED. AN ORDINANCE By the Board of Commissioners of DeKalb County, Georgia, under the Home Rule provisions for the counties of the Constitution of the State of Georgia, to amend an act, as amended, pertaining to the governing authority of DeKalb County, Georgia, creating a Chairman and Board of Commissioners for DeKalb County, prescribing their duties, responsibilities, terms of office and related matters, by an act of the General Assembly of 1956, Ga. Laws 1956, P. 3237, Section 12, as amended by Georgia Laws 1959, P. 2658, Sections 1, 2; Ga. Laws 1963, P.
Page 4798
3324, Section 1, so as to amend said 1956 Act to provide for the creation of a License Review Board or boards, to define their duties and matters to be reviewed, to provide for review, and other matters; to delete certain provisions pertaining to the deposit of funds received, and for other purposes. Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the act, as amended, pertaining to the governing authority of DeKalb County, Georgia, creating a Chairman and Board of Commissioners for DeKalb County, prescribing their duties, responsibilities, terms of office and related matters, by an Act of the General Assembly of 1956, Ga. Laws 1956, p. 3237, Section 12, as amended by Georgia Laws 1959, p. 2658, Sections 1, 2; Ga. Laws 1963, P. 3324, Section 1, be and the same is hereby further amended as follows: I By amending Section 12 to add the following language: The Board shall be further authorized and empowered to establish a license review board or boards by whatever name known, to designate the duties of, composition of, and matters to be reviewed by such board or boards, the decisions of which shall be by written findings of fact and conclusion which shall be a final determination of the issues presented and shall be subject to review by certiorari as provided by law for the review of inferior judicatories. The findings of fact shall not be set aside, nor decision of the board or boards reversed for factual reasons, unless clearly erroneous, due regard being given to these triers of fact to judge the credibility of witnesses, by further amending Section 12 to delete the following language in its entirety: and all funds received from same shall be paid into the county depository as general funds of said county, so that said section, when amended, shall read as follows:
Page 4799
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, or operating buses upon the county maintained public streets, roads and highways, in the area of DeKalb County, Georgia, 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 subject to this act 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, cancelled or suspended after notice and a hearing, in accordance with rules prescribed by said board. The Board shall be further authorized and empowered to establish a license review board or boards by whatever name known, to designate the duties of, composition of, and matters to be reviewed by such board or boards, the decisions of which shall be by written findings of fact and conclusion which shall be a final determination of the issues presented and shall be subject to review by certiorari as provided by law for the review of inferior judicatories. The findings of fact shall not be set aside, nor decision of the board or boards reversed for factual reasons, unless clearly erroneous, due regard being given to these triers of fact to judge the credibility of witnesses. Said Board shall be further authorized and empowered 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 ordinance 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 governing authority of said county 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. Said Board shall be authorized, in its discretion, to require any and all persons, firms or corporations licensed under this act to give a bond payable to DeKalb County and conditioned to pay said county or anyone
Page 4800
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 said board of commissioners but not to exceed the sum of $5,000. Such license fees, charges or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county. II All laws or parts of law in conflict with this ordinance are hereby repealed. III Should any part, portion or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. IV This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceeding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. V This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 28th day of September 1982, and again on the 12th day of October, 1982 at the regular time and place of the meeting of said Board.
Page 4801
VI 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 same for distribution to those members of the public who desire the same. VII The provisions of this ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners this 12th day of October, 1982. /s/ Manuel J. Maloof, Chairman Board of Commissioners, DeKalb County, Georgia Attest: /s/ Patrick C. Glisson, Clerk, Board of Commissioners, DeKalb County, Georgia Approved as to Form: /s/ Georgia P. Dillard County Attorney State of Georgia County of DeKalb I, Patrick C. Glisson, the duly authorized Clerk of the Board of Commissioners of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive
Page 4802
meetings held on September 28, 1982 and on October 12, 1982. This 13 day of October, 1982. /s/ Patrick C. Glisson, Clerk, Board of Commissioners of DeKalb County, Georgia /s/ Gene H. Doi Notary Public Sworn to and subscribed before me this 13 day of October, 1982. State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of the 23rd, and 30th of September, 1982 and the 7th day of October, 1982. /s/ Gerald W. Crane, Publisher Decatur-DeKalb News /s/ Linda L. Orr Notary Public Sworn to and subscribed before me this 7th day of October, 1982. Affix Seal and Date of Expiration. June 21, 1985 (Seal)
Page 4803
Public Notice The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia will present to the full Board at its regular meetings on September 28, 1982 and October 12, 1982, an Ordinance to amend the act pertaining to the governing authority of DeKalb County, Georgia, creating a Chairman and Board of Commissioners for DeKalb County, known as Ga. Laws 1956, p. 3237, et seq., as amended, so as to amend said 1956 act to provide for the creation of a license review board, or boards, to define their duties and other matters, to delete certain provisions pertaining to the deposit of funds received, and for other purposes. The public is hereby further notified that in order to amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies of said ordinance are available from him for interested members of the public. This 22nd day of September, 1982. Manuel J. Maloof, Chairman, Board of Commissioners, DeKalb County, Georgia Filed in the Office of the Secretary of State October 21, 1982.
Page 4804
DEKALB COUNTYMERIT SYSTEM ACT AMENDED. AN ORDINANCE By the Board of Commissioners of DeKalb County, Georgia, under the Home Rule provisions for counties of the Constitution of the State of Georgia, to amend an act, as amended, pertaining to the DeKalb County Merit System, establishing a Merit System in DeKalb County for employees of DeKalb County, creating a Merit System Council, prescribing their duties, responsibilities, terms of office, method of appointment and related matters, by an act of the General Assembly of 1956, Georgia Laws, 1956, P. 3111, et seq., as amended, so as to amend said 1956 Act, as amended, to provide for the review of personnel actions involving dismissals, and for other purposes. Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, pertaining to the DeKalb County Merit System, establishing a Merit System in DeKalb County for the employees of DeKalb County, creating a Merit System Council, prescribing their duties, responsibilities, terms of office, method of appointment and related matters, known as Georgia Laws 1956, p. 3111, et seq., as amended, be and the same is hereby further amended as follows: I By deleting Section 5 in its entirety and substituting in lieu thereof the following: (a) No permanent classified employee of any department or office of the County which has been brought under the merit system pursuant to this Act may be dismissed from employment in said department of office except for good cause and in accordance with the rules and regulations of the merit system, as approved by the governing authority of the county. Any employee so dismissed shall have the right of appeal pursuant to the rules and regulations so adopted for that purpose, by filing his notice of appeal in writing with the merit system director within ten
Page 4805
(10) days after the date of his dismissal. The merit system council shall hear and determine said appeal within forty-five (45) days after it is filed during which time said council must afford the dismissed employee a hearing before said council which may be continued from time to time, to fully explain his conduct for which he was dismissed. The Council shall adopt, and may amend from time to time, rules of procedure to afford an expeditious and orderly hearing. A simple majority of the council members shall constitute a quorum for the conduct of any hearing or business to be transacted by council. Action of the council shall be by vote of a majority of members present at a meeting where a quorum is present. (b) The Merit System Council may reverse a dismissal only upon a finding that it was based upon an error in fact or was motivated by a non job related factor. (c) The decision of the Merit System Council shall be in writing, dated and signed by the council chairman. The written decision shall contain findings of fact and conclusions and shall clearly set forth the grounds for such decision and the vote of the council members. (d) All reviews of a final decision of the merit system council shall be by writ of certiorari from the superior court of DeKalb County according to law on application of the county or the dismissed employee. On review the decision of the council, with respect to all findings of fact shall be conclusive and shall not be reversed except upon a determination by the court that such findings were clearly erroneous, giving due regard to the exclusive opportunity of the Council to judge the credibility of the witnesses. (e) An employee dismissed from employment in any office or department of the county due to curtailment in funds, reduction in staff, or abolition of the job held by such employee shall have no right of appeal. II All laws or parts of law in conflict with this Ordinance are hereby repealed.
Page 4806
III Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a Court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IV This Ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceeding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. V This Ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 26th day of October, 1982, and again on the 9th day of November, 1982, at the regular time and place of the meeting of said Board. VI 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 same for distribution to those members of the public who desire the same. VII The provisions of this Ordinance shall become effective upon its adoption.
Page 4807
Adopted by the DeKalb County Board of Commissioners this 9th day of November, 1982. /s/ Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia (Seal) Attest: /s/ Gene H. Doi, Deputy Clerk Board of Commissioners DeKalb County, Georgia Approved as to Form: /s/ Georgia P. Dillard County Attorney State of Georgia County of DeKalb I, Gene H. Doi the duly authorized Clerk of the Board of Commissioners of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the ordinance adopted by said Board at two (2) regular consecutive meetings held on October 26, 1982 and on November 9, 1982. This 9th day of November, 1982. /s/ Gene H. Doi, Deputy Clerk Board of Commissioners DeKalb County, Georgia Sworn to and subscribed before me this 9th day of November, 1982. /s/ Stella L. Crumbley Notary Public Notary Public State at Large My Commission Expires Sept. 9, 1985 (Seal)
Page 4808
State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the Public Notice, a true copy of which is attached hereto, was published in said newspaper in its issues of October 21st, 28th, and November 4th, 1982. /s/ Gerald W. Crane, Publisher Decatur-DeKalb News Sworn to and subscribed before me this 4th day of November, 1982. /s/ Linda L. Orr Notary Public (Seal) Public Notice The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia will present to the full Board at its regular meetings on October 26, 1982 and November 9, 1982, an Ordinance to amend the act creating the DeKalb County Merit System Council, known as Georgia Laws 1956, p. 3111, et seq., as amended, so as to amend said 1956 Act to provide for the review of personnel actions involving dismissals, and for other purposes. The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners to adopt an Ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which Ordinances specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule provisions for the counties of the Constitution of the State of Georgia. The public is hereby notified that a copy of said proposed ordinance
Page 4809
has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies of said ordinance are available from him for interested members of the public. This 20th day of October, 1982. Manuel J. Maloof Chairman, Board of Commissioners DeKalb County, Georgia Filed in the Office of the Secretary of State November 18, 1982. FLOYD COUNTYCOMPENSATION FOR JUDGES OF COURTS OF LIMITED JURISDICTION. An Ordinance of the Board of Commissioners of Floyd County, Georgia to provide a method of compensating judges of Courts of limited jurisdiction in accordance with House Bill No. 1847 known as the Courts of Limited Jurisdiction Compensation Act of 1982. 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 . Pursurant to the Courts of Limited Jurisdiction Compensation Act of 1982, the Board of Commissioners of Floyd County, Georgia does hereby elect to provide compensation for the judges of the Courts of Limited Jurisdiction on a salary basis as provided in Section 5 of said Act and effective July 1, 1982 each full-time and part-time judge as determined by Section 7 of said Act shall be compensated by a reasonable salary to be established by the Board of Commissioners of Floyd County, Georgia. The salaries shall be the same for all full-time judges and the same for all part-time judges. Said salary shall be determined
Page 4810
by the Board of Commissioners of Floyd County, Georgia and shall be determined by Resolution of the Board of Commissioners and established for such a length of time as shall be determined by the Board of Commissioners of Floyd County, Georgia. 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 22nd day of June, 1982. Floyd County Board of Commissioners By: /s/ Anne Rigas Chairman Attest: /s/ Sue Broome Deputy Clerk (Seal)
Page 4811
State of Georgia County of Floyd I, Richard L. McCullough, Clerk of the Board of Commissioners of Floyd County, Georgia, do hereby certify that the above and foregoing Resolution is a true and correct copy of the Resolution adopted by the Board of Commissioners of Floyd County, Georgia, at two regular consecutive meetings on the 8th day of June, 1982 and on the 22nd day of June, 1982. /s/ Richard L. McCullough, Clerk (Seal) State of Georgia County of Floyd 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 clipped has been published in the Rome News Tribune on the following dates: June 3, 1982; June 10, 1982 and June 17, 1982. /s/ B. H. Mooney, Jr. Sworn to and subscribed before me this 25th day of June, 1982. /s/ Debra Whitener Notary Public (Seal) State of Georgia County of Floyd Notice of Proposed Action to be Taken Under the Provisions of the Home Rule Amendment to the Constitution of the
Page 4812
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 Superior Court of Floyd County, Georgia. The Clerk of said Court will furnish anyone, upon written request, a copy of said Resolution. Synopsis of Proposed Ordinance Said Resolution and Ordinance shall provide that pursurant to the Courts of Limited Jurisdiction Compensation Act of 1982, the Board of Commissioners of Floyd County, Georgia does hereby elect to provide compensation for the judges of the Courts of Limited Jurisdiction on a salary basis as provided in Section 5 of said Act, and effective July 1, 1982 each full-time and part-time judge as determined by Section 7 of said Act shall be compensated by a reasonable salary to be established by the Board of Commissioners of Floyd County, Georgia. The salaries shall be the same for all full-time judges and the same for all part-time judges. Said salary shall be determined by the Board of Commissioners of Floyd County, Georgia and shall be determined by Resolution of the Board of Commissioners and established for such a length of time as shall be determined by the Board of Commissioners of Floyd County, Georgia. The Board of Commissioners of Floyd County, Georgia By: Sue Broome, Deputy Clerk Filed in the Office of the Secretary of State July 1, 1982.
Page 4813
ROCKDALE COUNTYCOMPENSATION FOR JUDGESCOURTS OF LIMITED JURISDICTION. RESOLUTION Whereas, House Bill 1847, 1982 Georgia Laws, Courts of Limited Jurisdiction Compensation Act of 1982 provides for the compensation of judges of certain courts of limited jurisdiction; and, Whereas, House Bill 1847 allows the governing authority of each county to establish a reasonable salary for each full-time and part-time judge effective July 1, 1982, and known as Plan of Compensation A; and, Whereas, said Plan of Compensation shall be adopted by Resolution in accordance with the provisions of Paragraph I of Section II of Article IX of the Constitution relating to home rule for counties. Therefore be it Resolved by the Board of Commissioners of Rockdale County, Georgia: a. Rockdale County, Georgia elects Plan of Compensation A as set forth in House Bill 1847; b. Rockdale County, Georgia shall compensate full-time judges of the Courts of Limited Jurisdiction the sum of Six Thousand ($6,000.00) Dollars annually to paid in equal monthly installments; c. Rockdale County, Georgia shall compensate part-time judges of the Courts of Limited Jurisdiction the sum of Four Thousand ($4,000.00) Dollars annually to paid in equal monthly installments; d. Rockdale County, Georgia makes the election of Plan of Compensation A in accordance with the provisions of Paragraph I of Section II of Article IX of the Constitution relating to home rule for counties; e. Rockdale County, Georgia shall send copies of this Resolution, upon adoption, by first-class mail to the judges of the
Page 4814
Courts of Limited Jurisdiction. This the 30th day of June, 1982. Rockdale County Board of Commissioners /s/ C. S. Smith, Jr. /s/ C. D. Trollinger Attest: /s/ Sarah R. Alexander Ex-Officio Clerk Approved As to Form: /s/ Sidney Nation County Attorney First Reading: June 22nd, 1982 Second Reading: June 30, 1982 Certification I, Sarah R. Alexander, Ex-Officio Clerk of the Board of Commissioners of Rockdale County, Georgia, hereby certify that the foregoing is a true and correct copy of an original Resolution entitled: #R-1982-8 House Bill 1847, 1982 Georgia Laws, Court of Limited Jurisdiction Compensation Act of 1982, and same was duly adopted by the Board of Commissioners of Rockdale County at a public meeting held on June 22, 1982 and June 30, 1982, and I further certify that said resolution 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 30th day of June, 1982. /s/ Sarah R. Alexander Ex-Officio Clerk Board of Commissioners Rockdale County, Georgia Seal
Page 4815
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 Director of The Rockdale Citizen, and that the legal advertisement which appears below was published in said newspaper on the following dates: June 10, 17 24, 1982. /s/ Jane O. Patterson Legal Notice to the General Public Home Rule Adoption of House Bill 1847 Pursuant of Article IX, Section II, Paragraph 1 of the Georgia Constitution [Ga. Code Ann. 2-5091], the Board of Commissioners of Rockdale County, Georgia is adopting a Resolution in compliance with House Bill 1847. The Resolution is concerned with the following general topics or areas of local government: To elect the method of compensation of judges of the courts of limited jurisdiction and to set the compensation of said judges. The notice is intended as a synopsis of the proposed Resolution and a copy of the proposed Resolution is on file in the office of the Clerk of Superior Court of Rockdale County for the purpose of examination and inspection by the general public. The Clerk of Superior Court shall furnish anyone, upon written request, a copy of the proposed Resolution. Sworn to and subscribed before me this 1st day of July, 1982. /s/ Laura J. Henderson Notary Public (Seal) My Commission Expires July 1, 1985 Filed in the Office of Secretary of State July 12, 1982.
Page 4816
CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED
Page 4817
CITY OF ALBANYCIVIC CENTER OPERATION An Ordinance Entitled 82-193 An Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Albany so as to provide for the authority of the City Manager in the operation of the Civic Center; repealing ordinances or parts of ordinances and charter provisions or parts of charter provisions in conflict; and for other purposes. Be it ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same: Section 1 . Section 4 of the Charter of the City of Albany, entitled City Manager, is amended by adding an additional paragraph to subsection (14) of said Section, to read as follows: Notwithstanding the provisions of the foregoing subsection and the provisions of subsection (8) hereof, the City Manager shall have authority to make and execute all contracts, franchises, and leases in connection with the operation of the Albany Civic Center. The City Manager may delegate all or any portion of his authority in this connection, but shall remain responsible for the proper use of said authority. 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
Page 4818
Attest: /s/ Joann Pope City Clerk Adopted: October 26, 1982 Adopted: November 9, 1982 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, Geoffrey L. Gray, who, having been sworn states that he is Advertising Director for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc., is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia are published, and that the legal notice, a copy of which is attached hereto, was published in the Albany Herald once a week for three weeks on the following dates: October 22, October 29 and November 5, 1982. /s/ Geoffrey L. Gray Sworn to and subscribed before me this 11 day of Nov. 1982. /s/ Pauline Buckner Notary Public My Commission Expires May 24, 1985. (Seal) Notice Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal
Page 4819
Home Rule Act of 1965 to amend the Charter of the City of Albany so as to provide for the authority of the City Manager in the operation of the Albany Civic Center. 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, Georgia By: James V. Davis City Attorney Oct. 22, 29; Nov. 5, 1982 Filed in the Office of the Secretary of State November 15, 1982. CITY OF ATLANTACOMPREHENSIVE DEVELOPMENT PLANS An Ordinance to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188 et seq., approved March 16, 1973, as amended by Ga. L. 1976, p. 4534, et seq., approved April 15, 1975 and in particular Section 3-603(a) thereof), so as to provide that the Mayor shall submit to The Council the One, Five and Fifteen Year Comprehensive Development Plans not later than its first regular meeting in May of each year and that The Council shall adopt Comprehensive Development Plans not later than the last regular council meeting in July of each year; to repeal conflicting laws and other purposes. Be and it is hereby ordained by The Council of the City of Atlanta, as follows: Section 1. That Section 3-603(a) of the Charter of the City of
Page 4820
Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973, as amended by Ga. L. 1976, p. 4534, et seq., approved April 15, 1975, is hereby amended by striking said subsection (a) of Section 3-603 and inserting in lieu thereof the following subsection (a): (a) Prior to the preparation of each comprehensive development plan, the Mayor shall have hearings held in each Council District in such manner as the Council shall prescribe by ordinance. The Mayor shall submit to the Council such plans that will include a fifteen year, five year, and one year Comprehensive Development Plan, along with a Comprehensive Land Use Plan for all property within the City limits. These plans, updated each year, shall be submitted to the Council not later than its first regular meeting in May of each year. Beginning with the transmittal date of said plans to Council, the general public shall be afforded a period of 45 consecutive calendar days in which to review said plans. Subsequent to the expiration of the aforementioned 45-day period, the Council shall conduct public hearings concerning such plans. Thereafter, the Council shall adopt Comprehensive Development Plans, after making any amendments or revisions thereto that the Council considers appropriate, but not later than the last regular Council meeting in July of each year. Such plans shall be effective for the calendar year of adoption. Section 2 . That a copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the Clerk of the Council and in the Office of the Clerk of the Council and in the Office of the Clerk of the or the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council. Section 3 . The effective date of this Ordinance shall be January 1, 1982. Section 4 . That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by City Council Dec. 21 1981
Page 4821
Approved by the Mayor Dec. 24 1981 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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Proposed City of Atlanta Charter Amendment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3, 10, 17th day of December 1981. Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr, Agent Sworn to and subscribed before me this 17th day of December, 1981. /s/ Samme Johnson Notary Public My Commission Expires Jan. 4, 1982 (Seal) Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved, March 16, 1973, as amended by Ga. L. 1976, p. 4534, et seq., approved April 15, 1975), so as to amend Chapter VI of the Charter to provide sufficient time for public review of the Comprehensive Development Plan (45 consecutive calendar days) before a public hearing(s) is scheduled by the City Council; to change the adoption date of the Comprehensive Development Plan by the City Council from the month of June to the month of July; to provide for the publication in a newspaper of general circulation with respect to the above change; to repeal conflicting laws; and for other purposes.
Page 4822
A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 17th day of November, 1981. /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 on December 3, 10 and 17, 1981. PO # 15221 /s/ Suzanne A. Culver Sworn to and subscribed before me, this 31st day of December, 1981. /s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984 Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced
Page 4823
to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973, as amended by Ga. L. 1976, p. 4534, et seq., approved April 15, 1975), so as to amend Chapter VI of the Charter to provide sufficient time for public review of the Comprehensive Development Plan (45 consecutive calendar days) before a public hearing(s) is scheduled by the City Council; to change the adoption date of the Comprehensive Development Plan by the City Council from the month of June to the month of July; to provide for the publication in a newspaper of general circulation with respect to the above change; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 17th day of November, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta 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 3, 10, 17 days of Dec., 1981 as provided by law. /s/ Francis K. Beck
Page 4824
Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved, March 16, 1973, as amended by Ga. L. 1976, p. 4534, et seq., approved April 15, 1975), so as to amend Chapter VI of the Charter to provide sufficient time for public review of the Comprehensive Development Plan (45 consecutive calendar days) before a public hearing(s) is scheduled by the City Council; to change the adoption date of the Comprehensive Development Plan by the City Council from the month of June to the month of July; to provide for the publication in a newspaper of general circulation with respect to the above change; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 17th day of November, 1981. /s/ Larry M. Dingle Clerk of Council City of Atlanta Subscribed and sworn to before me this 12th day of Jan. 1982. /s/ Sara H. Allen Notary Public, Georgia State at Large My Commission Expires Aug. 23, 1985 Filed in the Office of the Secretary of State January 21, 1982.
Page 4825
CITY OF ATLANTAQUADRENNIAL RELEGATION OF PENDING LEGISLATION An Ordinance amending the Charter of the City of Atlanta (adopted under and by the Municipal Home Rule Act of 1965, p. 298 et seq.) as amended, Article 2, Legislative, Chapter 4 Procedures of Council, by adding a new Section 2-408 entitled Quadrennial Relegation of Pending Legislation; and for other purposes. Be it Ordained and Enacted by the Council of the City of Atlanta, Georgia as follows: Section 1 : That Article 2, Chapter 4, of the Charter of the City of Atlanta be amended, by adding a new Section as follows: Section 2-408 Quadrennial Relegation of Pending Legislation . Following the General Election, and on a quadrennial basis, all pending legislation in Committee will be automatically adversed or filed at the last Council meeting in December of that year. Section 2 : That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by City Council Mar. 3 1982 Approved by the Mayor Mar. 9 1982 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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Proposed Amendment-new Section 2-408, a true copy of which is hereto
Page 4826
annexed, was published in said newspaper in its issue of the 11, 18, 25th day of February, 1982 Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr Agent Sworn to and subscribed before me this 25th day of February, 1982 /s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (Seal) Exhibit A Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) as amended, so as to amend Article 2, Chapter 4, by adding a new Section 2-408, so as to provide that all pending legislation before a Committee will be automatically adversed or filed after the General Election at the last Council meeting in December of that year, every quad-rennial; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 2nd day of February, 1982. /s/ Larry M. Dingle Clerk of Council City of Atlanta
Page 4827
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 11, 18, 25, days of February, 1982. As provided by law. /s/ Frances K. Beck Exhibit A Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to amend Article 2, Chapter 4, by adding a new Section 2-408, so as to provide that all pending legislation before a Committee will be automatically adversed or filed after the General Election at the last Council meeting in December of that year, every quad-rennial; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 2nd day of February, 1982. /s/ Larry M. Dingle Clerk of Council City of Atlanta Subscribed and sworn to before me this 26th day of February,
Page 4828
1982 /s/ Sara H. Allen Notary Public, Georgia State at Large My Commission Expires Aug. 23, 1985 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 on February 11th, 18th and 25th- PO#5221. /s/ Janet L. Knox Sworn to and subscribed before me, this 15th day of March, 1982. /s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984 Exhibit A Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) as amended, so as to amend Article 2, Chapter 4, by adding a new Section 2-408, so as to provide that all pending legislation before a Committee will be automatically adversed or filed after the General Election at
Page 4829
the last Council meeting in December of that year, every quad-rennial, to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 2nd day of February, 1982 /s/ Larry M. Dingle Clerk of Council City of Atlanta Filed in the Office of the Secretary of State March 30, 1983. CITY OF ATLANTAPRESIDENT OF COUNCILPOWERS An Ordinance An Ordinance adopted under and by virtue of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.), as amended by an Act of General Assembly signed by the Governor March 18, 1982, so as to change provisions relative to the president of council and for other purposes. Be and it is hereby Ordained by the City Council of the City of Atlanta, Georgia as follows: Section 1 . That Article II, Chapter 2 of the Charter of the City of Atlanta (Ga. Laws 1973, P. 2188, et seq.), approved March 16, 1973, as amended, is hereby further amended by deleting subsections (b) and (c) of Section 2-204 and inserting in lieu thereof the following sections:
Page 4830
(b) May vote on any issue or question before Council at any regular or special meeting of the Council. (c) Shall appoint the members and chairpersons of such committees as may be established by the Council, pursuant to its rules, and fill vacancies therein, provided any such appointments shall be subject to rejection by a majority vote of the total membership of the Council, and provided further that the President of the Council shall be an ex officio nonvoting member of each such committee. Section 2 . That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted by City Council May 3, 1982 Approved by the Mayor May 4, 1982 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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Proposed Amendment-President of council may vote, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 15, 22, 29th day of April 1982. Gerald W. Crane, Co-publisher By: /s/ Linda L. Orr Agent Sworn to and subscribed before me this 29th day of April, 1982 /s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (Seal)
Page 4831
Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance to amend Article II, Chapter 2 of the Charter of the City of Atlanta (Ga. L. 1973, P. 2188 Et Seq.), as amended, approved March 16, 1973, so as to provide that the president of the council may vote on any issue or question before council at any regular or special meeting of the council. He shall be an ex officio nonvoting member of each committee established by council pursuant to its rules. A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Atlanta, Georgia and in the offices of the Clerk of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purposes of examination and inspection by the public. This 6th day of April, 1982. /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 on April 15th, 22nd and 29th. /s/ Janet L. Knox
Page 4832
Sworn to and subscribed before me, this 11th day of May, 1982. /s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984 Notice of Public Hearing Notice is hereby given that the below described ordinance was introduced at the meeting of the Atlanta City Council on Monday, April 19, 1982 for first reading. Said ordinance will come before the City Utilities Committee for Public Hearing on Wednesday, May 12, 1982 at 2:00 p.m. on the second floor, City Hall. Those persons desiring to be heard will be given the privilege. This ordinance shall provide for: The Abandonment of that Portion of Williams Street, N.W., from Fourth Street South to I-75/85 Right-of-Way, Given under my hand and seal of office on this the 26th day of April, 1982. /s/ Larry M. Dingle Clerk of Council 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, published in said paper on the 15, 22, 29 days of April, 1982. As provided by law. /s/ Frances K. Beck
Page 4833
Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance to Amend Article II, Chapter 2 of The Charter of The City of Atlanta (GA. L. 1973, P. 2188 ET SEQ.) as Amended, approved March 16, 1973, so as to provide that the president of council may vote on any issue or question before council at any regular or special meeting of the council. He shall be an ex officio nonvoting member of each committee established by council pursuant to its rules. A Copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta, Georgia and in the offices of the Clerk of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purposes of examination and inspection by the public. This 6th day of April, 1982. /s/ Larry M. Dingle Clerk of Council City of Atlanta Subscribed and sworn to before me this 3rd day of May, 1982 /s/ Sara H. Allen Notary Public Georgia, State at Large My Commission expires Aug. 23, 1985 Filed in the Office of the Secretary of State May 13, 1982. CITY OF ATLANTAREORGANIZATION OF EXECUTIVE BRANCH 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
Page 4834
thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, adopted March 4, 1974, and approved March 7, 1974, as subsequently amended, so as to repeal certain divisions and sections of said Ordinance and to substitute in lieu thereof certain amendments constituting a plan of reorganization of the departments of the City of Atlanta, in accordance with Section 3-302 of the Charter of the City of Atlanta, Georgia Laws 1973, page 2188, et seq., as amended; to repeal conflicting laws and ordinances; and for other purposes. Be and it is hereby Ordained by the Council of the City of Atlanta, Georgia as follows: Section 1 : That the ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the executive branch of the government of the City of Atlanta, as subsequently amended, is hereby amended as set forth hereinbelow. Section 2 : That Part I, General Organization, Section 1 thereof, of said ordinance be and is hereby amended by deleting said Section 1 in its entirety and substituting in lieu thereof the following: Section 1 . The following departments and office and the department and office heads thereof are hereby created in the Executive Branch of the City of Atlanta: (a) Department of Administrative Services, to be headed by a Commissioner of Administrative Services; (b) Department of Community Development, to be headed by a Commissioner of Community Development; (c) Department of Parks, Recreation and Cultural Affairs, to be headed by a Commissioner of Parks, Recreation, and Cultural Affairs; (d) Department of Public Safety, to be headed by a Commissioner of Public Safety;
Page 4835
(e) Department of Environment and Streets, to be headed by a Commissioner of Environment and Streets; (f) Department of Aviation, to be headed by a Commissioner of Aviation; (g) Department of Finance, to be headed by a Commissioner of Finance, which shall be the same job as established by the Charter entitled Director of Finance; (h) Department of Law, to be headed by the City Attorney; (i) Department of Mayor, to be headed by the Chief Administrative Officer; and (j) Office of Economic Development, to be headed by the Chief of Economic Development. Section 3 : That Part II, Functions and Duties of the Various Departments of the Executive Branch, Section 2, be and is hereby deleted in its entirety, and the following inserted in lieu thereof: Section 2 . Department of Administrative Services. (a) The Commissioner of the Department of Administrative Services shall possess public or private employment experience in at least two of the following fields at either a supervisory or subsupervisory capacity for a minimum of two years: purchasing, real estate acquisition and leasing or management, personnel operations, labor relations, fleet management, general administrative support services, or any related field. (b) The Department of Administrative Services shall consist of the following bureaus: (1) Bureau of Personnel and Human Resources; (2) Bureau of Purchasing and Real Estate; (3) Bureau of Motor Transport Services; (4) Bureau of General Services; and (5) Bureau of Labor Relations.
Page 4836
(c) The functions and duties of the Department of Administrative Services shall include designing, implementing and evaluating loss control programs of for the city. (d) The functions of the Bureau of Personnel and Human Resources shall include: (1) Recruiting personnel for classified requirements; (2) Advertising job opportunities and requirements; (3) Preparing and administering a pay and classification plan covering all employees; establishing and maintaining a roster of all employees; (4) Administering in-service training and other educational programs for employees, administering employee benefits and programs; analyzing proposals for employee benefits and programs; (5) Coordinating the activities of the Atlanta Civil Service Board; (6) Administering the city's affirmative action program as it applies to city employment; (7) Designing reporting formats for evaluating and monitoring progress toward achievement of affirmative action goals; (8) Administering workers' compensation claims; (9) Recommending city policy based upon federal, state, and local court decisions and legislative enactments in the field of affirmative action in employment; (10) Conducting research to evaluate the effectiveness of personnel resource utilization as related to employee productivity, employee development attitudes and morale, turnover, human resource planning, and employee evaluation; and (11) Proposing, recommending, and administering Civil
Page 4837
Service Rules and Regulations. (e) The functions and duties of the Bureau of Purchasing and Real Estate shall include: (1) Purchasing and procurement, products testing and control, sale and disposition of real and personal property, land operations and general inventory control; (2) Acquiring and disposing of real estate in connection with the programs and projects of the city; (3) Negotiating leases in connection with the needs of the programs and projects of the city when authorized or required by law; and (4) Assisting in the preparation of contracts for all branches and agencies of the city government. (f) The functions and duties of the Bureau of Motor Transport Services shall include: (1) Supervising, maintaining, repairing, and controlling certain city vehicles and communications equipment. (g) The functions and duties of the Bureau of General Services shall include: (1) Providing building and grounds maintenance and repair, and building management for facilities of the city hall complex; (2) Providing architectural design, estimation, and construction management for city departments; and (3) Providing volume duplicating service, printing services, mail service, and coordination of telephone services for city departments. (h) The functions and duties of the Bureau of Labor Relations shall include:
Page 4838
(1) Conducting employee labor relations. Section 4 : That Part II, Functions and Duties of the Various Departments of the Executive Branch, Section 4, be and is hereby deleted in its entirety, and the following inserved in lieu thereof: Section 4 . Department of Community Department. (a) In addition to the general qualifications hereinbefore set out, the Commissioner of the Department of Community Development shall possess prior public or private employment experience in at least two of the following fields at a supervisory level for a minimum of two years: housing and building code enforcement; housing and community development; housing construction; housing maintenance and operations; urban renewal planning; planning for land use; planning for economic and social development; or a related field. (b) The Department of Community Development shall consist of the following bureaus and offices: (1) Bureau of Buildings; (2) Bureau of Planning; (3) Bureau of Housing and Physical Development; (4) Office of Comprehensive Employment and Training; and (5) Office of Redevelopment. (c) The functions and duties of the Bureau of Buildings shall include: (1) Enforcing all construction codes including building, plumbing, electrical, heating and air-conditioning, housing codes and building regulations; regulating housing demolition; regulating building standards maintenance; supervising elevator regulations and ordinances; supervising and administering the Georgia Fire Safety Law; issuing permits relative
Page 4839
to the functions contained herein; inspecting buildings; supervising housing rehabilitation programs and projects; (2) Providing assistance and advice to the trade examining boards; keeping all codes up to date with assistance of advisory boards; (3) Handling the administration, interpretation and enforcement of the zoning ordinance; administering appeals to such board as is established by ordinance to handle those appeals; and issuing street numbers; and (4) Assisting builders and developers with their plans through the various city systems. (d) The functions and duties of the Bureau of Planning shall include: (1) Assisting builders and developers with their plans through the various city systems; (2) Assisting builders and developers in maintaining complementary relationships with various neighborhood planning units and their goals and objectives; (3) Helping to assure that building and development plans respect the integrity of various city and neighborhood structures designed to protect the overall quality of life in the city and that such plans are in keeping with the city's overall comprehensive development plan; (4) Convening on an on-going basis, with the involvement of neighborhood planning units, a forum through which housing and related issues can be continuously addressed and policy and procedures continuously re-evaluated; (5) Monitoring the net effect of city housing policies in terms of actual gains in new residents by type and income categories; (6) Preparing and updating the 15, five and one-year comprehensive development plans required by sections 3-601
Page 4840
and 3-602 of the charter with respect to long-range land use, economic and social matters; (7) Preparing master plans, zoning ordinances, subdivision regulations, and the official map required by section 3-603 of the charter; and (8) Making comments and recommendations on annexation petitions and zoning amendments, the zoning districts and their text, the comprehensive zoning plans, subdivision regulations and the official map. (e) The functions and duties of the Bureau of Housing and Physical Development shall include: (1) Administering, implementing and executing community and neighborhood development and rehabilitation programs; (2) Reviewing and coordinating, consistent with law, all public housing programs and service projects within the city; (3) Providing relocation assistance to displaced persons and providing community services and property management in conjunction with the programs and projects for which these services are required; (4) Initiating and conducting programs to improve aesthetic conditions within the city; eliminating unsightly conditions that affect the urban environment; and developing and administering beautification programs; (5) Assisting builders and developers with negotiating their plans through the various city systems; (6) Assisting builders and developers in locating or determining various financing; and (7) Assisting in individual cases in bringing together potential developers, financial resources and properties suitable for the development or rehabilitation of housing.
Page 4841
(f) The functions and duties of the Office of Comprehensive Employment and Training shall include: (1) Planning, developing, and administering of grants, contracts, and other services associated with federally-funded skills, training and public service employment programs. (g) The functions and duties of the Office of Redevelopment shall include: (1) Administering, implementing and executing redevelopment, renewal and conservation programs; and (2) Assisting builders and developers in locating or determining various financing. Section 5 : That Part II, Functions and Duties of the Various Departments of the Executive Branch, Section 5, be and is hereby deleted in its entirety, and the following inserted in lieu thereof: Section 5. Department of Parks, Recreation and Cultural Affairs. (a) In addition to the general qualifications hereinbefore set out, the Commissioner of Parks, Recreation, and Cultural Affairs shall possess experience at a senior supervisory level in at least two (2) of the following fields for a minimum of two (2) years: park planning, park management, convention facility management, management of cultural organizations, cultural program administration, or a related field. The experience may be in either private or public employment. (b) The Department of Parks, Recreation, and Cultural Affairs shall consist of the following bureaus: (1) Bureau of Recreation; (2) Bureau of Parks Maintenance; (3) Bureau of Cultural Affairs;
Page 4842
(c) The functions and duties of the Bureau of Recreation shall include: (1) Planning, promoting, organizing and supervising a comprehensive municipal program of recreation; supervising the recreational use of playgrounds, playfields, recreation centers, swimming pools, athletic fields and other park and recreation facilities. (d) The functions and duties of the Bureau of Parks Maintenance shall include: (1) Administering and maintaining all parks, park facilities, park property and the city cemetery; administering and enforcing all ordinances for the protection of trees and shrubbery; maintaining all trees on city property and city rights-of-way. (e) The functions and duties of the Bureau of Cultural Affairs shall include: (1) Operating and scheduling the use of the zoo, cyclorama, parks, and other special recreational facilities of the city; (2) Developing and implementing a program for identifying, acquiring, and preserving historic sites; (3) Administering a program of municipal support of the arts; and (4) Operating and scheduling the civic center. Section 6 : That Part II, Functions and Duties of the Various Departments of the Executive Branch, Section 11, be and is hereby deleted in its entirety, with the following inserted in lieu thereof: Section 11. Department of the Mayor. (a) the Department of the Mayor shall consist of the following offices:
Page 4843
(1) Office of Communications; (2) Office of Community and Citizen Affairs; (3) Office of Contract Compliance; (4) Office of Capital Projects Monitoring; (5) Office of Budget, Audit and Management; and (6) Office of Management Systems. (b) The functions and duties of the Department of the Mayor shall include actively pursuing state and federal financing grants. (c) The functions and duties of the Office of Communications shall include: (1) Refining and developing alternatives and recommendations for communications plans and policies for action by the mayor and council; (2) Monitoring and regulating the provision of services and rates charged by any and all CATV franchises in accordance with written contracts and approved regulations; (3) Interfacing with the private CATV and cable industry, the state and federal governments, and private citizens; acting as both a coordinator and disseminator of information affecting the city's plans and policies in the cable area; (4) Advising the mayor and 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; (5) Performing an ongoing needs assessment to update information-transfer capabilities of city government; establishing a comprehensive radio communications plan; and coordinating the integration of radio, cable, and computers for transmitting date and information;
Page 4844
(6) Serving as staff to the Citizens CATV Advisory Board; (7) Interfacing with the news media on behalf of the mayor and city; (8) Coordinating the public relations activities of the city; and (9) Handling various requests for information. (d) The functions and duties of the Office of Community and Citizen Affairs shall include: (1) Providing consumer protection, information and referral on behalf of city government; (2) Planning, coordinating, monitoring and evaluating the delivery of various social services including, but not limited to, poverty programs, economic opportunity, day care, child development, human resources development, and programs for the aged; (3) Coordinating and contracting for development of social services with various agencies located within the metropolitan area including, but not limited to, Fulton County's social service agencies, equal opportunity agencies, Community Relations Commission, and private agencies; and (4) Receiving and responding to complaints and inquiries from members of the public. (e) The functions and duties of the Office of Contract Compliance shall include: (1) Monitoring the effectiveness of all city government efforts with regard to promoting equal opportunity in contracting; (2) Recommending ordinances, executive and administrative directives to assure that the city's goals and objectives in the areas of affirmative action, equal opportunity and minority
Page 4845
and female business enterprise opportunity are implemented in city contracting; and (3) Administering the city's affirmative action and equal opportunity programs as they relate to contracting and purchasing functions. (f) The functions and duties of the Office of Capital Projects Monitoring shall include: (1) Monitoring and reporting the status of capital construction projects. (g) The functions and duties of the Office of Budget, Audit and Management shall include: (1) Preparing recommended budget policies and priorities for the mayor, preparing the annual capital improvements program in conformance with the city's adopted comprehensive development plan, and preparing the city's annual operating and capital budgets in line-item form for the purpose of making recommendations to the council; (2) Reviewing recommendations of the commissioner of finance for conformity with the budget policies; considering budget appeals from department heads as they relate to adopted budget policies; (3) Reviewing and recommending to the mayor proposed changes and modifications to the adopted budget; (4) Conducting budget hearings and analyses at the direction of the Mayor and the chief administrative officer. (5) Preparing budget forms and instructions, and promulgating budget preparation procedures to departments and agencies; and (6) Preparing allotment schedules and personnel controls; and reviewing monthly and quarterly performance with departments, the mayor, and the chief administrative officer in cooperation with the Department of Finance.
Page 4846
(7) Reviewing departmental actions as they relate to compliance with established goals and policies; coordinating city goals and policies with those of other governmental and private agencies; (8) Periodically evaluating inter- and intra-departmental operations and functions to determine results, effectiveness and need for program or policy changes; (9) Conduct continuous studies and analyses to identify and secure new sources of revenue; (10) Provide management assistance to departments; conduct studies of procedures, processes, and work methods and assist in the development of performance and impact measurements; (11) Review and coordinate ordinances and resolutions submitted to city council from the various executive branch departments and agencies; (12) Providing overall responsibility for the systems analysis of the city's manual and automated processing of data; (13) Providing assistance to departments on the use of management techniques and systems; (14) Provide record management facilities and systems to city departments; and (15) Provide overall monitoring and administration of the city's Community Development Block Grant program. (h) The functions and duties of the Office of Management Systems shall include: (1) Providing system analysis, computer programming and operation of electronic data processing equipment for the purpose of furnishing data processing to all branches and agencies of city government, subject to priorities for computer usage as established by the Computer Application Priority Board;
Page 4847
(2) In conjunction with the Department of Finance, implementing and operating accounting and financial management systems of the city and its respective branches, departments, offices, boards, and commissions, and other agencies thereof; and (3) Providing record management facilities and systems to city departments. (i) Each office within the Department of the Mayor shall be headed by a director who shall have the same status of, and shall function as would the director of a bureau; provided, however, anything herein to the contrary notwithstanding, the head of the Office of Contract Compliance shall remain in the classified service. The directors of said offices shall function under the direction and supervision of the Chief Administrative Officer. Additionally, the positions of Coordinator of Cable Communications, Director of Budget and Grants Management, and the Director of Audit shall be deemed to have the same status as the director of a bureau with respect to the provisions of this charter covering the appointment, term, confirmation, and removal of directors of bureaus. The Director of Budget and Grants Management and the Director of Audit shall function under the direction and supervision of the Chief of the Office of Budget, Audit and Management who shall be under the direction and supervision of the Chief Administrative Officer. Section 7 : That Part II, Functions and Duties of the Various Departments of the Executive Branch, shall have added thereto the new section set forth hereinbelow to read as follows: Section.Office of Economic Development. (a) In addition to the general qualifications hereinbefore set out, the Chief of Economic Development shall possess a master's degree in business or public administration, industrial engineering, municipal planning, or a related field, preferably with special emphasis on finance, economic development or public-private sector coordination of physical development, and six years of progressively responsible business or public administration experience involving commercial or industrial development, community development or a related field involving negotiations
Page 4848
with high level corporate and public officials concerning community of industrial development; or any equivalent combination of education and experience. (b) The functions and duties of the Office of Economic Development shall include: (1) Serving as the focal point in city government for economic development; (2) Coordinating the city's marketing efforts to attract prospective developers and new industries and to retain and expand existing business; (3) Coordinating city efforts with the Atlanta Economic Development Corporation to foster economic development within the city; (4) Coordinating city efforts with the Downtown Development Authority, the Atlanta Economic Development Corporation, and the Urban Residential Finance Authority of the City of Atlanta; (5) Preparing and coordinating requests for federal assistance under the Urban Development Action Grant Program; (6) Cooperating with other governmental and private sector agencies and groups seeking to encourage Economic development activities; (7) Providing coordination and assistance to developers in their dealings with city government; (8) Providing coordination and assistance to other city departments on specific development projects; (9) Developing and distributing material designed to foster economic development within the city; (10) Assisting developers in arranging specific development proposals;
Page 4849
(11) Advising the mayor and council on general economic development matters, including recommendations on legislation; (12) Assisting the Office of Contract Compliance in achieving compliance with the city's contract contract compliance objectives; (13) Assisting the chief administrative officer in resolving problems with developers, the development process, and other economic development-related matters, as requested; (14) Promoting, in general, the City of Atlanta; (15) Developing and coordinating specific development proposals; and (16) Making comments and recommendations on budget matters impacting economic development matters; and (17) Performing other special duties as may be assigned by the mayor. Section 8 : That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the office of the clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta. Section 9 : That all laws, ordinances, and parts thereof in conflict herewith be and are hereby repealed. Adopted by City Council June 21, 1982 Approved by the Mayor June 22, 1982
Page 4850
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 on June 3rd, 10th, and 17th of 1982. /s/ Janet L. Knox Sworn to and subscribed before me, this 28th day of June, 1982. /s/ Anne S. McGlen Notary Public, Georgia, State At Large My Commission Expires Jan. 8, 1984 Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend an ordinance entitled An ordinance specifying the names of the executive branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head adopted March 4, 1974, and approved March 7, 1974, as amended, so as to create the Department of Administrative Services and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department of Community Development and set forth the duties and functions thereof and define the internal
Page 4851
organization of said department including professional and technical qualifications of the department head; to create the Department of Parks, Recreation, and Cultural Affairs and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department of Streets, Traffic, and Sanitation and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department of Water Quality and Pollution Control and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to abolish the Department of Community and Human Development; to abolish the Department of Parks and Recreation; to abolish the Department of Cultural Affairs; to abolish the Department of Budget and Planning; to abolish the Department of Environment and Streets; to redefine the duties and functions of the Department of Finance; to redefine the duties and functions of the Department of the Mayor and the internal organization of said department; to provide that the positions of Chief of Budget, Chief of Management Audit, Chief of Management Systems, Employee Relations Administrator and Coordinator of Cable Communications shall be deemed to have the same status as the director of a bureau with respect to the provisions of the Charter of the City of Atlanta relating to the appointment, term, confirmation, and removal of directors of bureaus; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of Clerk of Council of the City of Atlanta and in the office of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 18th day of May, 1982. /s/ Larry Dingle Clerk of Council City of Atlanta
Page 4852
Publisher's Affidavit State of Georgia County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Walter G. Nale, who, being first duly sworn, according to law, says that he is the Vice-President of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 3, 10, 17, days of June, 1982. As provided by law. /s/ Walter G. Nale Subscribed and sworn to before me, this 18th day of June, 1982 /s/ April M. Elmore Notary Public, Georgia, State at Large My Commission Expires Feb. 17, 1986 Notice of Proposed Amendment to the Charter of the City of Atlanta Exhibit A Notice is hereby given that an ordinance has been introduced to amend an ordinance entitled An ordinance specifying the names of the executive branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head adopted March 4, 1974, and approved March 7, 1974, as amended, so as to create the Department of Administrative Services and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department of Community Development and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department
Page 4853
of Parks, Recreation, and Cultural Affairs and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department of Streets, Traffic, and Sanitation and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of department head: to create the Department of Water Quality and Pollution Control and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to abolish the Department of Community and Human Development; to abolish the Department of Parks and Recreation; to abolish the Department of Cultural Affairs; to abolish the Department of Budget and Planning; to abolish the Department of Environment and Streets; to redefine the duties and functions of the Department of Finance; to redefine the duties and functions of the Department of the Mayor and the internal organization of said department; to provide that the positions of Chief of Budget, Chief of Management Audit, Chief of Management Systems, Employee Relations Administrator and Coordinator of Cable Communications shall be deemed to have the same status as the director of a bureau with respect to the provisions of the Charter of the City of Atlanta relating to the appointment, term, confirmation, and removal of directors of bureaus; 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 in the office of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 18th day of May, 1982. /s/ Larry Dingle Clerk of Council City of Atlanta
Page 4854
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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of Atlanta-set forth duties, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3, 10, 17th day of June, 1982. Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr Agent Sworn to and subscribed before me this 28th day of June, 1982 /s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (Seal) Notice of Proposed Amendments to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend an ordinance entitled An ordinance specifying the names of the executive branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head adopted March 4, 1974, and approved March 7, 1974, as amended, so as to create the Department of Administrative Services and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department of Community Development and set forth the duties and functions thereof and define the internal
Page 4855
organization of said department including professional and technical qualifications of the department head; to create the Department of Parks, Recreation, and Cultural Affairs and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department of Streets, Traffic, and Sanitation and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to create the Department of Water Quality and Pollution Control and set forth the duties and functions thereof and define the internal organization of said department including professional and technical qualifications of the department head; to abolish the Department of Community and Human Development; to abolish the Department of Parks and Recreation; to abolish the Department of Cultural Affairs; to abolish the Department of Budget and Planning; to abolish the Department of Environment and Streets; to redefine the duties and functions of the Department of Finance; to redefine the duties and functions of the Department of the Mayor and the internal organization of said department; to provide that the positions of Chief of Budget, Chief of Management Audit, Chief of Management Systems, Employee Relations Administrator and Coordinator of Cable Communications shall be deemed to have the same status as the director of a bureau with respect to the provisions of the Charter of the City of Atlanta relating to the appointment, term, confirmation, and removal of directors of bureaus; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of Clerk of Council of the City of Atlanta and in the office of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 18th day of May 1982. /s/ Larry Dingle Clerk of Council City of Atlanta
Page 4856
Filed in the Office of the Secretary of State June 30, 1982. CITY OF ATLANTACHARTER PROVISIONS RELATING TO OMBUDSMAN DELETED An Ordinance adopted under any by virtue of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, et seq.), as amended, to amend chapter 7 (Ombudsman) Sections 3-701 through 3-714 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1973, approved March 16, 1973), as amended, to delete said sections in their entirety. Be it Ordained and Enacted by the Council of the City of Atlanta, as follows: Section 1 . Chapter 7 (Ombudsman), Sections 3-701 through 3-714 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1973), Page 2188, et seq.) approved March 16, 1973, as amended, is hereby amended by deleting the above shown sections in their entirety and placing said sections in reserve for future use as needed. Adopted by City Council June 21, 1982 Approved by the Mayor June 28, 1982 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
Page 4857
copy, was published in said paper on the 20, 27, days of May, 1982, and on the 3, 10, 17, days of June, 1982. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 22nd day of June 1982. /s/ April M. Elmore Notary Public, Georgia, State at Large My Commission Expires Feb. 17, 1986 Notice of Proposed Amendment of the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend Chapter 7 (Ombudsman), Section 3-701 through 3-714 of the Charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.) approved March 16, 1973, as amended, so as to provide that Sections 3-701 through 3-714 be deleted in their entirety, placing said sections in reserve for future use as needed. A Copy of the proposed amendment is on file in the office of Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 4th day of May, 1982. /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
Page 4858
the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on May 20th, 27th, June 3rd, 10th, and 19th. /s/ Janet L. Knox Sworn to and subscribed before me, this 22nd day of June, 1982. /s/ Shirley Halton Boggs Notary Public, Georgia, State at Large My Commission Expires Jan. 27, 1985 Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend Chapter 7 (Ombudsman), Sections 3-701 through 3-714 of the Charter of the City of Atlanta. (Georgia L. 1973, p. 2188, et seq.) approved March 16, 1973, as amended, so as to provide that Sections 3-701 through 3-714 be deleted in their entirety, placing said sections in reserve for future use as needed. A copy of the proposed amendment is on file in the office of Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 4th day of May, 1982 /s/ Larry M. Dingle Clerk of Council City of Atlanta
Page 4859
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 W. Crane, co-publisher of Decatur-DeKalb News Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Proposed Amendment to Charter of City of Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 20th 27th day of May June 3rd, 10th 17th, 1982. Gerald W. Crane, Publisher By: /s/ Samme Johnson Agent Sworn to and subscribed before me this 22nd day of June, 1982 /s/ Samme Johnson Notary Public My Commission expires January 3, 1986 (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 Chapter 7 (Ombudsman), Sections 3-701 through 3-714 of the Charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.) approved March 16, 1973, as amended, so as to provide that Sections 3-701 through 3-714 be deleted in their entirety, placing said sections in reserve for future use as needed. A copy of the proposed-amendment is on file in the office of Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
Page 4860
This 4th day of May, 1982. /s/ Larry M. Dingle Clerk of Council City of Atlanta Filed in the Office of the Secretary of State July 8, 1982. CITY OF BAINBRIDGECITY CLERK AND CITY TREASURERAPPOINTMENT Ordinance No. 448 An Ordinance to amend the Charter of the City of Bainbridge, approved December 16, 1901. (Ga. L. 1901, p. 321) as amended by an Act approved August 1, 1927 (Ga. L. 1927, p. 855) and as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 2819), so as to provide that the City Manager shall appoint a City Clerk and a Treasurer and to provide that said City Clerk and Treasurer shall be subject to be suspended or removed by the City Manager as other employees of the City of Bainbridge; and to provide that the City Manager may combine the offices of City Clerk and City Treasurer, or he may, in his discretion, elect one person to fill both offices; to provide for an effective date of this amendment; to repeal conflicting ordinances and charter provisions; and for other purposes. Be it ordained by the Mayor and Alderman of the City of Bainbridge, and Council duly assembled, and it is hereby ordained by authority of the same; Section 1 . An act creating a new City Charter for the City of Bainbridge, approved December 16, 1901, (Ga. L. 1901, p. 321), as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 2819) is hereby amended by striking Section 16 of said Act approved December 16, 1901, as said Section 16 was amended by
Page 4861
Section 2 of said Act approved March 30, 1965, in its entirety and substituting in lieu thereof a new Section 16 to read as follows: Section 16. A City Clerk of the City of Bainbridge and a Treasurer of the City of Bainbridge shall be appointed by the City Manager of the City of Bainbridge and shall perform such duties and receive such compensation as may be prescribed by ordinance. Section 2 . An act creating a new City Charter for the City of Bainbridge, approved December 16, 1901, (Ga. L. 1901, p. 321), as amended by an Act approved August 1, 1927, (Ga. L. 1927, p. 855) is hereby amended by striking Section 1 of said Act approved August 1, 1927 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. The City Manager of the City of Bainbridge may combine the offices of City Clerk and City Treasurer, or he may, in his discretion, appoint one man to fill both offices, such office or offices to be governed by all present provisions of law affecting the two offices. Section 3 . An act creating a new Charter for the City of Bainbridge, approved December 16, 1901, (Ga. L. 1901, p. 321) as amended by an Act approved March 30, 1965, (Ga. L. 1965, p. 2819) is hereby amended by striking the last sentence of (1) of subsection D of Section 13A of said Act approved March 30, 1965 in its entirety and substituting in lieu thereof a new last sentence of (1) of sub-section (d) of Section 13A to read as follows: Nothing herein contained shall be construed as giving the City Manager the right to appoint, suspend or remove the City Auditor and the City Attorney or either of them. Section 4 . All ordinances and parts of ordinances and all charter provisions and parts of charter provisions in conflict herewith are hereby repealed. Section 5 . This ordinance shall take effect on January 1, 1983.
Page 4862
Offered and adopted at a regular meeting on the 7th day of September, 1982. City of Bainbridge /s/ B. K. Reynolds Mayor, City of Bainbridge Attest: /s/ H. D. Fitzgerald Clerk, City of Bainbridge Offered and adopted at a regular meeting on the 21st day of September, 1982, which said regular meeting on September 21, 1982, is the consecutive regular meeting to the regular meeting held on September 7, 1982. City of Bainbridge /s/ B. K. Reynolds Mayor, City of Bainbridge Attest: /s/ H. D. Fitzgerald Clerk, City of Bainbridge State of Georgia County of Decatur I certify that I am the Clerk of the City of Bainbridge and that the within and foregoing two pages is a true and exact copy of an Ordinance that was offered and adopted by the Mayor and Aldermen of the City of Bainbridge at regular meetings of said Mayor and Aldermen held on September 7, 1982, and September 21, 1982, and that said meetings were consecutive regular meetings of said Mayor and Council. This 24th day of September, 1982. /s/ H. D. Fitzgerald Clerk, City of Bainbridge
Page 4863
Notice of Proposed Amendment to the Charter of the City of Bainbridge Notice is hereby given of a proposed amendment to the Charter of the City of Bainbridge which amendment will be in the form of an ordinance to be considered by the Mayor and Alderman of the City of Bainbridge at the regular meetings of the Mayor and Alderman of the City of Bainbridge to be held at 7:00 o'clock P.M. at the City Council Room, Public Safety Building, City of Bainbridge, on the 7th day of September, 1982, and on the 21st day of September, 1982. A copy of the proposed amendment is on file in the office of the Clerk of the City of Bainbridge and at the office of the Clerk of the Superior Court of Decatur County, Georgia. The Clerk of the City of Bainbridge shall furnish anyone, upon written request, a copy of the proposed amendment. A synopsis of the proposed amendment is that presently the Clerk of the City of Bainbridge and the Treasurer of the City of Bainbridge are appointed by the Mayor and Alderman of the City of Bainbridge at the first meeting after the regular City election for a term of two years and until their successors are elected and qualified and said Clerk of the City of Bainbridge and Treasurer of the City of Bainbridge are subject to the jurisdiction of the Mayor and Alderman and amenable to their discipline and the Mayor and Alderman have power to suspend, fine, or remove such officers by a majority vote and the Mayor, for good cause, may suspend either or both of said officers until the next meeting of the Board of Alderman thereafter. In addition, the Mayor and Alderman have the authority to combine the offices of City Clerk and City Treasurer, or they may in their discretion elect one person to fill both offices. Under the proposed amendment, which is proposed to become effective on January 1, 1983, the expiration of the present term of the Clerk of the City of Bainbridge and the Treasurer of the City of Bainbridge, the City Manager shall have the authority to appoint the Clerk of the City of Bainbridge and the Treasurer of the City of Bainbridge and said officers shall be subject to suspension and removal by the City Manager as other employees of the City of Bainbridge. In addition, under the proposed amendment, the City Manager shall have the authority to combine the offices of
Page 4864
City Clerk and City Treasurer or he may, in his discretion, appoint one person to fill both offices. This notice contains only a brief synopsis of the proposed amendment, you should review the proposed amendment in its entirety that is available to you at the office of the Clerk of the City of Bainbridge and at the office of the Superior Court of Decatur County, Georgia. City of Bainbridge By: B. K. Reynolds, Mayor State of Georgia County of Decatur Personally appeared before the undersigned attesting officer, S. M. Griffin, Jr., who deposes and says on oath that he is the Publisher of the Bainbridge Post-Searchlight, duly authorized to make this affidavit, and that a copy of the within and foregoing Notice was published in the issues of the Bainbridge Post-Searchlight dated September 4, 1982, September 11, 1982, and September 18, 1982. /s/ S. M. Griffin, Jr. Sworn to and subscribed before me, this 12 day of September, 1982. /s/ Alicia Bolton Notary Public, Georgia. N.P Ga. State-At-Large My Commission Expires Aug. 14, 1984 (Seal) Filed in the Office of the Secretary of State October 18, 1982.
Page 4865
TOWN OF BRASELTONWINE PRODUCTIONSALE OF ALCOHOLIC BEVERAGES An Ordinance of the Town of Braselton To amend Sec. 31 of the Charter of the Town of Braselton, said charter being set out in 1916 Georgia Laws, pages 598-616, to provide the Town Council with the power to permit the manufacture of wine and sale of alcoholic beverages in connection with the operation of a winery, to repeal conflicting ordinances and for other purposes. Pursuant to the Municipal Home Rule Act of 1965, Be it Ordained, by the Mayor and Council of the Town of Braselton, Georgia: The Charter of the Town of Braselton, set out in 1916 Georgia Laws, pages 598-616, is hereby amended by deleting Sec. 31 of said charter and substituting in lieu thereof the following: Sec. 31. Be it further enacted, that the having or keeping for the purposes of illegal sale of any spirituous, malt or intoxicating liquors of any kind and any quantity shall be and is hereby prohibited and forbidden within the corporate limits of said town. Any person violating this clause shall also be subject to prosecution before the grand jury of the county and be punished as the law provides. Notwithstanding anything contained herein, the council shall have power to enact ordinances, consistent with the laws of Georgia as now or hereafter amended, permitting the manufacture and production of wine and the sale of alcoholic beverages in connection with the operation of a winery or in a restaurant facility or tasting room on the premises of a winery. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Adopted by Town Council: July 19, 1982, Approved: July 26, 1982. /s/ J. L. Brasettes Mayor, Town of Braselton
Page 4866
Publisher's Affidavit State of Georgia County of Jackson Before me, the undersigned, a Notary Public, this day personally came Herman Buffington, who, being first duly sworn, according to law, says that he is the publisher of the Jackson Herald, the official newspaper for Jackson County, Georgia, and that the publication notice, of which the annexed is a true copy, was published in said paper on the 7th, 14th and 21st days of July, 1982, as provided by law. /s/ Herman Buffington Sworn to and subscribed before me this 22nd day of July, 1982. /s/ Claire W. Collin Notary Public (Seal) Legal Notice Notice is hereby given that on July 19, 1982, at 3:00 P.M., and on July 26, 1982, at 3:00 P.M., at the regular meetings of the Town Council of Braselton to be held in the Braselton Brothers Furniture Co. store in Braselton, Georgia, the Town Council of Braselton will consider the adoption of an amendment of the Charter of the Town of Braselton, which amendment provides that the Town Council shall have power to enact ordinances, consistent with the laws of Georgia as now or hereafter amended, permitting the manufacture and production of wine and the sale of alcoholic beverages in connection with the operation of a winery or in a restaurant facility or tasting room on the premises of a winery. A copy of the proposed amendment is on file in the office of the Clerk of the Town Council of Braselton and the office of the Clerk of the Superior Court of Jackson County for the purpose of examination and inspection by the public. Filed in the Office of the Secretary of State July 26, 1982.
Page 4867
CITY OF BOSTONPUNISHMENTS FOR ORDINANCE VIOLATIONS An Ordinance to amend the Charter for the City of Boston, Georgia approved August 2, 1921, as amended so as to change the punishments which may be prescribed for the violation of city ordinances. Be it resolved and ordained by the Mayor and Council of the City of Boston, Georgia and it is hereby resolved and ordained by authority of same that the Charter for the City of Boston, Georgia approved August 2, 1921, as amended, is hereby amended by striking the first paragraph in its entirety of Section 36 and by inserting in lieu thereof a new first paragraph to Section 36 to read as follows: Section 36. Be it further enacted, that the Mayor and Aldermen of said City shall have the power to pass any and all Ordinances or Resolutions they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said City, and to prescribe punishments for the violation of the same, for each offense, by a fine in an amount not to exceed Nine Hundred Dollars ($900.00) or imprisonment in the guardhouse, City prison or other place provided for a period of not more than ninety (90) days or by compulsory labor on the streets or other public works of said City for not more than ninety (90) days, and either one or more of said punishments may be prescribed or the several punishments made cumulative or the fine may be imposed with an alternative of said imprisonment or compulsory labor. Said Mayor and Council shall have the power to erect and maintain suitable guardhouses, City prisons or workhouses for the confinement and detention of persons arrested and convicted for the violation of the City Ordinances. Be it further Resolved and Ordained and it is hereby resolved and ordained that the Charter for the City of Boston, Georgia approved August 2, 1921, as amended, is further amended by striking in its entirety the second paragraph of Section 39, which paragraph is the first numbered paragraph, the first line of
Page 4868
which is (1) Said Police Court shall have jurisdiction to try and inserting in lieu thereof a new first numbered paragraph in Section 39 to read as follows: (1) Said Police Court shall have jurisdiction to try all offenders against the laws and ordinances of the City committed within the corporate limits, and to punish persons convicted in said Court of violating such laws and ordinances by a fine, for each offense, in an amount not to exceed Nine Hundred Dollars ($900.00) or imprisonment in the guardhouse, City prison or other place provided for a period of not more than ninety (90) days or by compulsory labor on the streets or other public works of said City for not more than ninety (90) days, and either one or more of said punishments may be prescribed or the several punishments made cumulative or the fine may be imposed with an alternative of said imprisonment or compulsory labor; provided, that the punishments within the limits herein prescribed shall be imposed by said Court in the amount and manner prescribed by the present Ordinances of said City, but in the event no penalty is provided for the doing of anything which is made unlawful by Ordinances, the Court shall have the power to proceed to impose punishment within the limits prescribed herein as to the Court may seem just and proper under the circumstances. The jurisdiction of said Police Court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of the State of Georgia committed within the corporate limits. Be it further Resolved and Ordained and it is hereby resolved and ordained that any other Charter provisions or parts thereof in conflict with this amendment are hereby repealed to the extent of the conflict only. 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 June 9th, 1980 and the second reading having been at the regular meeting of the Council
Page 4869
held on July 14, 1980. /s/ James E. Murphy, Jr., Mayor /s/ Norma Ritter, Clerk Affidavit of Publication State of Georgia County of Thomas Personally appeared before the undersigned, an officer, authorized to administer oaths, Kenneth M. McElroy who being sworn, says that he is General Manager of Thomasville Times-Enterprise a corporation with principal offices at 119 N. Madison St., Thomasville, Thomas County, Georgia, and having general circulation within the area of Thomas County, and that the advertisement of Amend portion of Section 36 39, a TRUE COPY of which is affixed hereto, was published in said newspaper in all its editions for June 27, July 4, 11, 18, 1980. /s/ Kenneth M. McElroy Sworn to and subscribed before me, this 4th day of August, 1982 /s/ Edwin H. Chambers, Jr. Notary Public Notice of Charter Amendment Notice is hereby given that the Council of the City of Boston, Georgia proposes to amend a portion of Section 36 and a portion of Section 39 of the City's Charter so as to modify punishments which may be prescribed for the violation of City Ordinances or Resolutions. A copy of the proposed Charter Amendment is on file in the Office of the City Clerk in City Hall, Boston, Georgia 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.
Page 4870
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 July 14, 1980 at 7:30 o'clock P.M. in the City Hall of Boston, Georgia. City of Boston, Georgia By: /s/ Oscar T. Cook, Jr. City Attorney Filed in the Office of the Secretary of State August 31, 1982. CITY OF CHAMBLEESANITARY TAX An Ordinance to amend the Charter of the City of Chamblee, Georgia to provide for power over sewers, drains, disposal plants; to authorize a sanitary tax; to levy a sanitary tax, and for all other lawful purposes. Be it ordained by the Mayor and City Council of the City of Chamblee, Georgia and by authority of the same, it is hereby Ordained as follows: Section I On and after passage and approval of this Ordinance, Article I, Section 15 and Article I, Section 15.1 which sections are entitled Power over Sewers, drains, disposal plants; Sanitary tax authorized and Levy of Sanitary Tax, respectively, shall be deleted in their entirety and the following provisions shall be substituted in lieu thereof and appropriately numbered: Article I, Section 15: Power over Sewers, Drains, Disposal Plants; Sanitary Tax Authorized. Said municipally shall have the power to construct, repair, and maintain sewers, drains and disposal plants as shall be necessary for proper sanitation, to collect and dispose of garbage
Page 4871
and refuse matter, and contract for, license and regulate the collection and disposal of garbage and refuse matter. Said municipality shall have power to pass all reasonable by-laws, ordinances and resolutions regulating said matters or anywise appertaining thereto; said municipality shall have authority to levy a sanitary tax against each owner of each parcel of improved real property within its corporate limits which is improved with either a dwelling or a business structure. The Mayor and Council may vary, change, alter, lower or raise the sanitary tax from year to year. Article I, Section 15.1: Levy of Sanitary Tax. It shall be the duty of the governing body of the City of Chamblee to exercise a sound and legal discretion in determining and levying sanitary taxes pursuant to and in conformity with the City Charter as amended by this Ordinance, and in conformity to general laws and the Constitution of this State. Section II All Ordinances, parts of Ordinances or Charter provisions in conflict herewith are expressly repealed. The foregoing was proposed by Councilman Bozeman with a Motion that the same be adopted. Said Motion was seconded by Councilman Coleman. The same was then put to a vote and all Councilmen voted in favor of the Ordinance and no Councilmen voted against it. Said Motion was thereupon declared passed and duly adopted this 12th day of February, 1982. /s/ Jo Anne Donaldson, City Clerk City of Chamblee, Georgia Approved this the 12th day of February, 1982. /s/ Johnson W. Brown, Mayor City of Chamblee, Georgia First Reading: 1-8-82 Second Reading: 2-12-82
Page 4872
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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Proposed Amendment to City Charter, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 28, 4, 11th day of January, February, 1982. Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr Agent Sworn to and subscribed before me this 11th day of February, 1982 /s/ Linda L. Orr Notary Public My commission expires June 21, 1985. (Seal) Notice of Proposed Amendment to Charter of the City of Chamblee, Georgia Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. L. 1935, p. 976 et seq., approved March 28, 1935) so as to amend Article I, Section 15 and Section 15.1 of the Charter so as to provide for authority of the Municipality to levy a sanitary tax; so as to provide that said sanitary tax shall be levied per annum against each owner of each parcel of improved real property within the corporate limits of the City of Chamblee and which real property is improved with either a dwelling or a business structure; so as to provide that the Mayor and Council may vary, change, alter, lower or raise the sanitary taxes from year to year; so as to provide that it shall be the duty of the governing body of the City of Chamblee to exercise sound and legal discretion
Page 4873
in determining and levying sanitary taxes pursuant to and in conformity with the City Charter, as amended; to repeal conflicting laws; and for other purposes. A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee and the office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of the examination and inspection by the public. This the 22nd day of January, 1982. /s/ Jo Anne Donaldson, City Clerk City of Chamblee, Georgia Filed in the Office of the Secretary of State April 7, 1982. CITY OF CHAMBLEEPOWERS OF MAYOR An Ordinance to amend the Charter of the City of Chamblee, Georgia providing for certain General Duties and Powers of the Mayor; and for all other lawful purposes. Be it ordained by the Mayor and City Council of the City of Chamblee, Georgia and by authority of the same, it is hereby Ordained as follows: Section One On and after passage and approval of this Ordinance, Article 3, Section 2 of the Charter and Related Laws of the City of Chamblee, Georgia shall be deleted in its entirety and the following provisions shall be substituted in lieu thereof and appropriately numbered:
Page 4874
Article 3, Section 2: Powers of Mayor, Generally The Mayor shall be the chief executive officer of the municipality. He shall preside at meetings of the major and council and shall approve the minutes of all meetings; he shall sign all contracts on behalf of the municipality. Section 2 All Ordinances, parts of Ordinances or Charter provisions in conflict herewith are expressly repealed. The foregoing was proposed by Councilman Bozeman with a Motion that same be adopted. Said Motion was seconded by Councilman Crockford. The same was then put to a vote and all councilmen voted in favor of the Ordinance and no councilmen voted against it. Said Motion was thereupon declared passed and duly adopted this 12 day of March, 1982. /s/ Jo Anne Donaldson, City Clerk City of Chamblee, Georgia Approved this the 12 day of March, 1982. /s/ Johnson W. Brown, Mayor City of Chamblee, Georgia First Reading: Feb. 12, 1982 Second Reading: March 12, 1982 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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Proposed Amendment to Charter, a true copy of which is hereto annexed, was published
Page 4875
in said newspaper in its issue of the 25, 4, 11th day of February, March 1982. Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr Agent Sworn to and subscribed before me this 11th day of March, 1982 /s/ Linda L. Orr Notary Public My commission expires June 21, 1985. (Seal) Notice of Proposed Amendment to Charter of the City of Chamblee, Georgia Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. L. 1935, p. 976 et seq., approved March 28, 1935) so as to amend Article 3, Section 2 of the Charter so as to provide for certain general duties and powers of the Mayor; specifically, so as to provide that the Mayor shall no longer preside at all trials in which persons are charged with violations of municipal ordinances; to repeal conflicting laws; and for other purposes. A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee and the Office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. This the 12 day of February, 1982. /s/ Jo Anne Donaldson, City Clerk City of Chamblee, Georgia Filed in the Office of the Secretary of State April 7, 1982.
Page 4876
CITY OF CHAMBLEERECORDER'S COURT An Ordinance to amend the Charter of the City of Chamblee, Georgia providing for a Recorder, qualifications of same, officers authorized to serve notices and process; and for all other lawful purposes. Be It Ordained by the Mayor and City Council of the City of Chamblee, Georgia and by authority of the same, it is hereby Ordained as follows: Section One On and after passage and approval of this Ordinance, Article 5, Sections 2.1, 2.2 and 2.4 of the Charter and Related Laws of the City of Chamblee, Georgia shall be deleted in their entirety and the following provisions shall be substituted in lieu thereof and appropriately numbered: Article 5, Section 2.1 Recorder; Appointment; Jurisdiction; Powers; Compensation. The Mayor and Council of the City of Chamblee shall have authority to employ a Recorder to serve as a trial magistrate in the Recorder's Court of said City of Chamblee. When such Recorder is so employed, his jurisdiction shall be as prescribed by the Charter of said municipality and the general laws of the State of Georgia. The Mayor and Council may from time to time prescribe by resolution how the works and duties of said Recorder and others authorized to preside in said Court may divide the work and duties among themselves. Such Recorder shall at all times hold his office subject to direction and control of the Mayor and Council, and subject to his term of employment being terminated at the will of the Mayor and Council. He shall receive such reasonable compensation to be paid monthly from the general funds of the city, as the Mayor and Council may determine and fix. (Ga. L. 1953, p. 447).
Page 4877
Article 5, Section 2.2 Same; Qualifications; Oath. No person shall be eligible to hold the office of Recorder, under the provisions of this act, unless he or she be at least thirty (30) years of age, with continuous actual bona fide residence in Dekalb County for at least three (3) years next proceeding appointment to the office. He or she shall be of good moral character, shall be a duly licensed attorney and member of the State Bar of Georgia and shall have been actively engaged in the practice of law for at least five (5) years prior to his appointment, and shall perform the duties of the office honestly, faithfully, efficiently, and with impartiality. Before entering upon the discharge of his duties after each appointment or re-appointment, he shall take and subscribe the following oath: I do in good faith claim that I am eligible under the law to hold the office of Recorder in the City of Chamblee; and that I will truly and faithfully perform my duties as such officer to the best of my ability and according to the laws and ordinances under which I perform said duties; I will in all cases undertake to act impartially, and to do justice in all respects; so help me God. (Ga. L. 1953, p. 2447). Article 5, Section 2.4 Officers authorized to serve notices and process. Whenever it may become necessary in connection with any matter pending before the Mayor and Council, or before the Recorder's Court of the City of Chamblee, or before the Judge or magistrate of said court for any notice, summons, or subpoena to be served, personal or otherwise, such service may be made or notice given by the marshal of the City of Chamblee or by any police officer of said municipality; and such officers shall be authorized to make such service not only within the corporate limits, but may make the same anywhere within the state. Due return made by them shall be prima facie evidence of service. The provisions of this section are supplemental to all other authorized methods of service (Ga. L. 1950, p. 2807).
Page 4878
Section Two All Ordinances, parts of Ordinances or Charter provisions in conflict herewith are expressly repealed. The foregoing was proposed by Councilman H. E. Bozeman with a Motion that same be adopted. Said Motion was seconded by Councilman Jack A. Crockford. The same was then put to vote and 5 councilmen voted in favor of the Ordinance and 0 councilmen voted against it. Said Motion was thereupon declared passed and duly adopted this 14 day of May, 1982. /s/ Jo Anne Donaldson, City Clerk City of Chamblee, Georgia Approved this the 14th day of May, 1982. /s/ Johnson W. Brown, Mayor City of Chamblee, Georgia First Reading: April 9, 1982 Second Reading: May 14, 1982 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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice-Amendment to City Charter, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1, 8, 15th day of April 1982. Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr Agent Sworn to and subscribed before me this 15th day of April
Page 4879
1982. /s/ Linda L. Orr Notary Public My commission expires June 21, 1985. (Seal) Notice of Proposed Amendment to Charter of the City of Chamblee, Georgia Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. L. 1935, p. 976 et seq., approved March 28, 1935) so as to amend Article 5, Section 2.1, 2.2 and 2.4 of the Charter so as to provide for the appointment, jurisdiction and qualifications of the Recorder; to repeal conflicting laws; and for other purposes. A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee and the Office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. This the 25 day of March, 1982. Jo Anne Donaldson City Clerk City of Chamblee, Georgia Filed in the Office of the Secretary of State June 2, 1982. CITY OF COLLEGE PARKPENSION SYSTEM Ordinance No. 82-19 An Ordinance to amend the Charter of the City of College Park (Georgia Laws 1895, page 251, Act No. 168, as amended) to
Page 4880
provide that the pension system of the city of College Park shall be as provided by ordinance of the Mayor and Council; to promote the public health, safety and general welfare; to repeal conflicting ordinances; and for other purposes. Be it and it is hereby Ordained by the Mayor and Council of the City of College Park and it is hereby enacted on authority of the same, that the Charter of the City of College Park, Georgia Laws 1895, Page 251, Act No. 168, as amended, is hereby amended by striking therefrom in their entirety all provisions regarding pensions for the employees of the City of College Park, as originally made a part of said Charter by an Act of the General Assembly, Georgia Laws 1946, p. 432, 1-10, and as amended from time to time, and inserting in lieu thereof the following: Pensions . The Mayor and Council of the City of College Park shall be authorized to create by ordinance a system of pensions for its employees. This authority shall include, but not be limited to the authority to: establish a pension system for the employees of the City of College Park; establish rules and regulations for the operation of said pension system; determine the eligibility of employees; provide different classes and amounts of pensions; and otherwise administer the pension system. The pension system as established by the Mayor and Council shall be governed, and amended, as provided by general law and by ordinance of the Mayor and Council. A copy of this proposed amendment to the Charter of the City of College Park shall be filed in the office of the Clerk of the City of College Park and in the office of the Clerk of the Superior Court of Fulton County and Clayton County, Georgia, and a notice of this proposed amendment to the Charter of the City of College Park, in the form attached hereto as Exhibit A and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Mayor and Council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the office of the City Clerk of the City of College Park and the office of the Clerk of the Superior Court of Fulton County
Page 4881
and Clayton County. All statutes or ordinances, or portions thereof, pertaining to the pension system of College Park are hereby repealed; including specifically those provisions contained in the following statutes: Georgia Laws 1946, p. 432 Georgia Laws 1951, p. 2797 Georgia Laws 1951, p. 2842 Georgia Laws 1956, p. 2922 Georgia Laws 1959, p. 2367 Georgia Laws 1959, p. 2527 Georgia Laws 1960, p. 2801 Georgia Laws 1965, p. 3386 Georgia Laws 1968, p. 3640 So Ordained this 7th day of September, 1982. Mayor and Council of the City of College Park /s/ T. Owen Smith, Mayor Attest: /s/ Jean Conaway, City Clerk Publisher's Affidavit State of Georgia County of Fulton I, the undersigned, hereby acknowledge and certify that I am a representative of the Fulton Daily Report, that I am duly authorized to certify the matters contained herein, and that a Notice of Proposed Amendment to the Charter of the City of College Park, attached hereto as Exhibit A, was published in the Fulton Daily Report on August 20 and 27 and September 3 and
Page 4882
10 of 1982. This 27 day of September, 1982. /s/ Frances K. Beck For the Fulton Daily Report Sworn to and subscribed before me this 27 day of September, 1982. /s/ April M. Elmore Notary Public, Georgia, State at Large My Commission Expires Feb. 17, 1986. (Seal) Notice of Proposed Amendment to the Charter of the City of College Park (Ga. Laws 1895, p. 251, Act No. 168, as amended) Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of College Park (Ga. Laws 1895, p. 251, Act No. 168, as amended) so as to provide that a pension system shall be established by ordinance of the Mayor and Council; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the City Clerk of the City of College Park and in the office of the Clerk of the Superior Court of Fulton County and Clayton County, Georgia, for purposes of examination and inspection by the public. This the 19th day of August, 1982. /s/ Jean Conaway City Clerk City of College Park Filed in the Office of the Secretary of State September 29, 1982.
Page 4883
CITY OF CORDELEORDINANCE ADOPTION PROCEDURE, ETC. An Ordinance to amend the Charter of the City of Cordele so as to amend the ordinance adoption procedure by the City Commission; to provide for a Safety Director; and for other purposes in connection with said objectives, pursuant to authority contained in Section 9.11 of the Charter of the City of Cordele (Ga.L., 1969, p. 3852) and the Municipal Home Rule Act of 1965 (Ga. Code Ann., Section 69-1015, et seq.). The City Commission of the City of Cordele hereby ordains as follows: 1. Sub-section 2.40(b) of the Charter of the City of Cordele (Ga.L., 1969, p. 3828) is deleted in its entirety. Said deleted subsection reads as follows: (b) ProcedureExcept as otherwise provided by this Charter, each ordinance shall be introduced and read at a regular meeting of the City Commission. The ordinance shall not be adopted until the next regular meeting of the City Commission following the meeting of its initial introduction, but said ordinance may be amended, corrected or revised prior to adoption. Upon introduction of any ordinance, the city clerk shall distribute a copy to the Chairman and each commission member, to the city manager, the city clerk, and elsewhere as the Commission may designate. 2. A new Sub-section 2.40(b) is hereby substituted in the place and stead of said deleted sub-section, and the new Subsection shall henceforth read as follows: (b) ProcedureExcept as otherwise provided by this Charter, each ordinance shall be introduced and read at a regular or special meeting of the City Commission. The ordinance shall not be adopted until a subsequent regular or special meeting of the City Commission following the meeting of its initial introduction,
Page 4884
but said ordinance may be amended, corrected or revised prior to adoption. However, unless otherwise provided by this Charter, no ordinance may be introduced and adopted on the same calendar day. Each ordinance adopted by the City Commission shall be signed by the Chairman, or in his absence the Vice Chairman of the City Commission and shall be effective immediately upon final adoption unless a different effective date is provided in the ordinance. 3. Sub-section 2.40(c) of the Charter of the City of Cordele (Ga.L., 1969, p. 3829) is deleted in its entirety and no new subsection is substituted in its place and stead. Said deleted Sub-section reads as follows: (c) Submission of Ordinance to Chairman of the CommissionEvery ordinance. Every ordinance shall after adoption but before it takes effect, be tendered to the chairman within five (5) days for his approval. The Chairman shall sign the ordinance if he approves it, whereupon it shall become effective. If he disapproves it, he shall return it to the commission with the reasons for his disapproval at or prior to the next regular meeting of the Commission. If the commission shall pass the ordinance by a vote of at least three commissioners at a regular or special meeting within seven days after the ordinance has been returned with the disapproval of the Chairman, it shall become effective without his approval. If the Chairman does not return the ordinance or resolution of the commission within the time herein required, the same shall become effective without his approval. 4. Section 3.22Chief Administrator. is hereby amended to read as follows: Section 3.22Chief Administrator. The City manager shall be responsible to the City Commission for the proper administration of all the affairs of the city unless the City Commission has appointed a safety director as hereinafter provided. As chief administrator, the city manager shall have the power to appoint and remove all officers, department heads, and employees in the
Page 4885
administrative service of the city, except the city attorney who shall be appointed as provided for in Article 3 hereof, and except the safety director who shall be appointed and shall serve as provided in Article 2A. hereof; however, if a safety director is serving the city, the city manager may appoint and remove officers and employees assigned to the police and fire departments only upon written recommendation or approval of the safety director. The city manager shall report to the City Commission every appointment and removal of a department head at the next commission meeting following the appointment or removal. Except as may be modified in the event a safety director is serving as provided in Article 2A, it shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State are faithfully executed and enforced; to make such recommendations to the City Commission concerning the affairs of the city as he shall deem expedient; to keep the City Commission advised of the financial condition and future financial needs of the city; to attend all meetings of the City Commission and to prepare and to submit to the City Commission such reports as he may deem expedient or as may be required of him by the City Commission. He shall perform such other functions as assigned by the City Commission, provided however, his remuneration shall not exceed the amount of salary fixed in Section 3.20. Section 3.22Chief Administrator. before the amendment aforesaid contained the following text (Ga.L., 1969, pp. 3832, 3833): Section 3.22Chief Administrator. The City manager shall be responsible to the City Commission for the proper administration of all affairs of the city. As chief administrator, the city manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the city, except the city attorney who shall be appointed as provided for in Article 3 hereof. The city manager shall report to the City Commission every appointment and removal of a department head at the next commission meeting following the appointment or removal. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the City Commission
Page 4886
and the laws of the State are faithfully executed and enforced; to make such recommendations to the City Commission concerning the affairs of the city as he shall deem expedient; to keep the City Commission advised of the financial condition and future financial needs of the city; to attend all meetings of the City Commission and to prepare and to submit to the City Commission such reports as he may deem expedient or as may be required of him by the City Commission. He shall perform such other functions as assigned by the City Commission, provided however, his remuneration shall not exceed the amount of salary fixed in Section 3.20. 5. A new Article is herewith added to the Charter of the City of Cordele, as follows: Article 2A, Safety Director Section 3.23Appointment; Qualifications; Term; Compensation. The City Commission may, but is not required to, appoint a safety director, who shall have such qualifications as the Commission may require. The safety director shall serve at the pleasure of the City Commission and shall receive such compensation as it shall determine. Section 3.24Duties of the Safety Director. It shall be the duty of the safety director to supervise the administration of the affairs of the police and fire departments of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State are faithfully executed and enforced; to make such recommendations to the City Commission concerning police and fire protection functions as he shall deem expedient; to attend all meetings of the City Commission and to prepare and submit to the City Commission such reports as he may deem expedient or as may be required of him by the City Commission. The safety director may appoint and remove officers and employees of the police and fire departments only upon written approval of the city manager. In all matters fiscal the city manager shall remain the chief administrator of the city; all purchases for the police and fire departments shall be according to purchase procedures under his supervision and control;
Page 4887
and all receipts collected by the police and fire departments shall be accounted for as he may direct; however, it shall be the duty and responsibility of the safety director to enforce fiscal policies and procedures of the city manager within the departments under his control. The safety director is directly responsible to the City Commission for the faithful and effective performances of his duties, as well as the proper functioning of the departments under his control. 6. It is declared to be the legislative intent of this Ordinance that it be severable, and that if any portion thereof be found illegal or unconstitutional by a court of competent jurisdiction the remaining portions shall be of full force and effect. 7. The requirements of Georgia Code, 69-1020 shall be accomplished by the city attorney. 8. The required notices to the public required by Georgia Code, 69-1017 (b) 1 have appeared in The Cordele Dispatch and a copy of such notice is attached hereto and made a part hereof. 9. This Ordinance shall become effective upon approval and signing by the Chairman, and filings accomplished with the Secretary of State and the Clerk of Crisp Superior Court, as provided by law. Introduced and read at the regular meeting of the Cordele City Commission February 16, 1982. Adopted at the next consecutive regular meeting of the Cordele City Commission March 2, 1982. /s/ Perry M. Culpepper, Chairman Approved: March 2, 1982
Page 4888
Attest: /s/ Jackie H. Brown, Clerk [Official Seal] Certification State of Georgia County of Crisp. This is to certify that the within Ordinance is a true and accurate copy of an Ordinance passed in final form by the City Commission of the City of Cordele, Georgia, on the 2nd day of March, 1982, as the same appears upon the Official Records of the said City of Cordele, and that the said Ordinance is now, and has been since said date, in full force and effect. I further certify that I am the lawfully appointed Custodian of the said Official Records of the said City or Cordele. This the 3rd day of March, 1982. /s/ Jackie H. Brown City Clerk [Official Seal] Publisher's Affidavit State of Georgia County of Crisp. Personally appeared before the undersigned officer duly authorized to administer oaths came Ralph E. Drinnon who being first duly sworn, deposes and under oath says that he is Editor of The Cordele Dispatch , a newspaper of general circulation in Crisp County, Georgia, in which the advertisements of the Crisp County Sheriff appear and that the legal advertisement, a copy of which is attached hereto as SCHEDULE A, was published in the said The Cordele Dispatch , on February 11, 18, 25, 1982, and that the said newspaper has been paid for such
Page 4889
publication. This the 3rd day of March, 1982. /s/ Ralph E. Drinnon Sworn to and subscribed before me, this 3rd day of March, 1982. /s/ Betty L. Taylor Notary Public My Commission Expires 9-19-82 [Notarial Seal] Schedule A Synopsis of Proposed Amendments to the Charter of the City of Cordele Pursuant to provisions of the Municipal Home Rule Act of 1965 (Georgia Code, Sec. 69-1017 (b) (1)) the City Commission of the City of Cordele herewith gives notice of its intention to amend the Charter of the City of Cordele (Georgia Laws, 1969, p. 3806, et seq.) by Ordinance to be introduced at its regular meeting February 16, 1982, and adopted in final form at its regular meeting March 2, 1982. A synopsis of the proposed ordinance is as follows: 1. Ordinance Procedure Amended Sub-section 2.40 (b) of the Charter will be deleted in its entirety. The sub-section provides that each ordinance shall be introduced and read at a regular meeting of the commission, but shall not be adopted in final form until the next regular meeting of the commission. The new sub-section 2.40 (b) will provide that each ordinance shall be introduced and read at a regular or special meeting of the commission. The ordinance shall not be adopted until a subsequent regular or special meeting of the commission. No ordinance may be introduced and adopted on the same calendar
Page 4890
day. Each ordinance shall be effective upon final adoption unless a different date is provided in the ordinance. Sub-section 2.40 (c) of the Charter will be deleted in its entirety. The sub-section provides that the Chairman of the Commission has five (5) days after adoption to approve and sign each ordinance, and contains provisions for ordinance adoption if the Chairman does not approve. 2. Safety Director Authorized A new Article (2A) will be added to the Charter. It provides for appointment of a safety director, his qualifications, term of office, and compensation. The Commission may, but is not required, to appoint a safety director. If appointed, he will supervise the administration and affairs of the police and fire departments and be directly responsible to the City Commission. He will attend all meetings of the City Commission, and serve at its pleasure at compensation set by the Commission. In the event a safety director is appointed Section 3.22 of the Charter setting out duties, responsibilities and authority of the city manager, will be amended so as not to conflict with the duties, responsibilities of the safety director. The city manager will remain the chief administrator of the City, and all budget and fiscal matters of the City (including the police and fire departments) shall be under his responsibility and control. If a safety director is serving the City appointment and removal of officers and employees in the police and fire departments will require bilateral written action of the city manager and the safety director. 3. Full Text of Proposed Ordinance Available to the Public A copy of the proposed amendments (ordinance) is on file in the Office of the Clerk of the City of Cordele and the Office of the Clerk of the Superior Court of Crisp County for the purpose
Page 4891
of examination and inspection by the public. The Clerk of the City of Cordele shall furnish anyone, upon written request, a copy of the proposed amendments (ordinance). This 2nd day of February, 1982. Cordele City Commission Perry M. Culpepper, Chairman Filed in the Office of the Secretary of State March 5, 1982. CITY OF DECATURPOWERS OF RECORDERS COURT, ETC. An Ordinance To amend the Charter of the City of Decatur, Georgia, under and by virtue of and in compliance with and pursuant to the provisions of the Municipal Home Rule Act of 1965 as amended. [1965 Georgia Laws, pages 298, 299; 1966 Georgia Laws, page 296; 1976 Georgia Laws, page 1429. (Georgia Code Chapter 69-10, Home Rule). Georgia Constitution, Article IX, Section III, Paragraph I, (Georgia Code Annotated, Section 2-6001)] Be it ordained by the City Commissioners of the City Decatur, Georgia and it is hereby ordained by the authority of the same, acting under and by virtue of and in compliance with and pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended [1965 Georgia Laws, pages 298, 299; 1966 Georgia Laws, page 296; 1976 Georgia Laws, page 1429. (Georgia Code Chapter 69-10, Home Rule). Georgia Constitution Article IX, Section III, Paragraph I, (Georgia Code Annotated Section 2-6001)] that the Charter of the City of Decatur, Georgia as set forth in the Code of the City of Decatur, Georgia, be and the same is hereby amended, as follows:
Page 4892
1. Section 36 of the existing Charter entitled Power and authority of recorder's court is amended and revised so as to raise the maximum fine amount from five hundred dollars ($500.00) to one thousand dollars ($1,000.00) and to raise maximum imprisonment term from thirty (30) days to sixty (60) days so that said section as amended and revised shall read as follows: Section 36. Power and authority of recorder's court. Said recorder's court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt or disobedience to any of its mandates. Said court shall have full authority and power to punish, after conviction, all violations of the charter or any ordinance of said city by fine, not to exceed one thousand dollars ($1000.00), by imprisonment in the city prison, or in the county jail (having previously arranged such with the county authorities); not to exceed sixty (60) days, and to such public works as the judge of recorder's court may direct, not to exceed sixty (60) days; any one or more of these punishments may be inflicted by the judge of recorder's court, in his discretion, and the fines imposed may be collected by execution. The judge of recorder's court shall have full authority and power in said recorder's court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, on the trial of any offender before said court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this state, to commit the offender or offenders to jail, or bail them, if the offense is bailable, by a justice of the peace, to appear before the next superior court of DeKalb County. 2. Section 47 of the existing Charter entitled Bonded indebtedness is deleted in its entirety and is replaced by a new section herein adopted which is substituted therefor, reading as follows: The City Commission is authorized and empowered to assess,
Page 4893
levy and collect, annually, a tax on all taxable property of the City, as other taxes are assessed, levied and collected, to pay the annual interest on the bonded indebtedness of the City and to provide a fund to pay off and discharge such bonds as they fall due upon the terms upon which they were issued. Such taxes as are collected for these purposes shall be used solely for these purposes. Be it further ordained that all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. First Adoption September 6, 1982. Attest: /s/ Robert L. Hudgins Clerk, City of Decatur, Georgia (Seal) Second Adoption September 20, 1982 Attest: /s/ Robert L. Hudgins Clerk, City of Decatur, Georgia (Seal) Certification I, Robert L. Hudgins, the duly appointed and acting City Clerk of the City of Decatur, Georgia, do hereby certify that the attached is a true and correct copy of an Ordinance to amend the Charter of the City of Decatur, Georgia, under and by virtue of and compliance with and pursuant to the provisions of the Municipal Home Rule Act of 1965 as amended, which was introduced and read for the first time at a Regular Meeting of the Decatur City Commission held on September 6, 1982. Motion was duly made and seconded for adoption and, on roll-call vote, adoption was unanimous. This Ordinance was introduced and read for the second time at the next Regular Commission Meeting held on September 20,
Page 4894
1982. Again, motion was duly made and seconded for adoption and, on roll-call vote, adoption was unanimous. This Ordinance has now become a part of the Official Records of the Governing Body of the City of Decatur, Georgia, on file in my office, and may be examined by any interested party. This 21st day of September, 1982. /s/ Robert L. Hudgins, City Clerk City of Decatur, Georgia (Seal) 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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Proposed Amendment to Charter Public Notice, a true copy of which is hereto annexed; was published in said newspaper in its issue of the 2, 9, 16th day of September, 1982. Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr Agent Sworn to and subscribed before me this 16th day of September 1982. /s/ Linda L. Orr Notary Public My commission expires June 21, 1985 (Seal) Public Notice To All Interested Persons And Parties
Page 4895
Notice of proposed amendments to the Charter of the City of Decatur, Georgia, under and by virtue of and pursuant to the provisions of the Municipal Home Rule Act of 1965 as amended. The City Commissioners of the City of Decatur, Georgia, hereby give notice of the following: The City Commissioners have before them for consideration proposed amendments to the Charter of the City of Decatur, Georgia. The following is a synopsis of the proposed amendments: Section 36. Power and authority of recorders court. Proposed amendment and revision is to raise the maximum fine amount from five hundred dollars ($500.00) to one thousand dollars ($1,000.00) and to raise the maximum imprisonment term from thirty (30) days to sixty (60) days as punishment after conviction for violations of the charter and ordinances of the City. Section 47. Bonded indebtedness. Proposed amendment and revision is to delete the present section in its entirety so as to abolish the Decatur Sinking Fund Commission and to delete provisions, now obsolete, relating to prior bond issues; and to provide for the assessment, levy and collection, annually, of a tax on all taxable property of the City, as other taxes are assessed, levied and collected, to pay the annual interest on the bonded indebtedness of the City and to provide a fund to pay off and discharge such bonds as they fall due upon the terms upon which they were issued. Such taxes as are collected for these purposes shall be used solely for these purposes. A copy of the proposed amendments is on file in the office of the Clerk of the City of Decatur at the City Hall and a copy is on file in the office of the Clerk of the Superior Court of DeKalb County at the courthouse in Decatur, Georgia, for the purpose of examination and inspection by the public. The Clerk of the City of Decatur will furnish a copy of the proposed amendments to
Page 4896
those persons who may have an interest therein upon written request. The City Commissioners will consider the proposed amendments at two regular consecutive meetings to be held on the 6th day of September, 1982, and on the 20th day of September, 1982, at 7:30 o'clock, P.M., at the Council Chamber at the Decatur City Hall. This notice shall serve as formal notice of such intended action. Written comments shall be addressed to the undersigned so as to arrive no later than September 17, 1982. All comments respecting the proposed amendments received by September 17, 1982, will be fully considered. Notice given, this 26th day of August, 1982. Robert E. Carpenter Mayor, City of Decatur Decatur City Hall Post Office Box 220 Decatur, Ga. 30031 Filed in the Office of the Secretary of State September 28, 1982. CITY OF DORAVILLEMAYORCOMPENSATION AND DUTIES Ordinance No. 214 An Ordinance enacted pursuant to Georgia Code Section 69-107 to amend the Charter of the City of Doraville, Section 2.07, and Section 2.13, so as to increase the salary of the Mayor to $24,000.00 annually, and to further define the duties of the
Page 4897
Mayor of the City of Doraville, and to set forth additional qualifications for the City of Doraville; and for other purposes: Be it Ordained and it is hereby ordained by Mayor and City Council of the City of Doraville, a political subdivision of the State of Georgia, as follows: Section I. Pursuant to the authority granted to the City under the Home Rule Act, Georgia Code Section 69-1017, Section 2.07 of the Charter of the City of Doraville is hereby amended by striking the figure $300.00 as the monthly salary for the Mayor and substituting therefor the following, $2,000.00, so that, as amended, Section 2.07 of the City Charter shall read as follows: Section 2.07 . Compensation and Expenses. Be it further enacted that the Mayor shall receive a salary of $2,000.00 per month, and the Mayor Pro-Tem and each other member of the City Council shall receive a salary of $200.00 per month. Each councilman and the Mayor, when authorized by the Council and upon the presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section II. Pursuant to the authority granted to the City under the Home Rule Act, Georgia Code Section 69-1017, Section 2.13 of the Charter of the City of Doraville is hereby amended by adding thereto the following two (2) sections, designated Sections 2.13 A and 2.13 B, to read as follows: Section 2.13A . Additional Duties of Mayor. In addition to the duties set forth in the immediately preceding paragraph, the Mayor generally will be responsible for the administration and operation of the City and be responsible for its actions. The duties of the Mayor shall include the following: (a) The preparation of the annual Budget reflecting all City revenue and expenses. (b) Supervision of the investment of City funds in a prudent manner to achieve the highest rate possible being guided by the Charter.
Page 4898
(c) Being responsible for all Federal and State funding that may become available to and advantageous to the City of Doraville, and the Mayor's duty shall include becoming familiar with all such Federal and State funding for the benefit of the City. (d) The Mayor shall additionally oversee the collection of all taxes, permits, licenses and all other items which are part of the revenue of the City. (e) The Mayor shall represent the City in all Federal, State and County briefings and meetings that pertain directly or indirectly to the affairs of the City. (f) The Mayor shall be responsible to respond to citizen comments and provide an orderly method of handling citizen complaints. (g) The Mayor shall be the administrator of the City government on a daily basis. (h) The Mayor will be available at his office at the City Hall, during normally established business hours, when not away from City Hall on City business. Section 2.13B . Limitation on Mayor's Income. The Mayor may not hold any other active position with any other company, corporation or business entity while serving as Mayor of the City of Doraville. The compensation paid to the Mayor must constitute the majority of active income of the Mayor excluding any investment, stock, bond, real estate or other passive income sources. Section III. Repeal for Certain Purposes . All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section IV. Effective Date . This Ordinance shall become effective on May 4, 1982. Section V. Severability . It is hereby declared to be the intention of the Mayor and City Council of the City of Doraville that the Sections, paragraphs, sentences, clauses and phrases of
Page 4899
this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a Court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 21st day of December, 1981. /s/ Jesse C. Norman, Mayor, City of Doraville Attest: /s/ James W. Buechler City Clerk First Reading: November 16, 1981 Second Reading: December 21, 1981 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 Local Legislation-Expand Mayor to full time position, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 26, 3, 10th day of Nov., Dec. 1981 Gerald Crane, Co-Publisher By: /s/Linda L. Orr Agent Sworn to and subscribed before me this 10th day of December, 1981.
Page 4900
/s/ Samme Johnson Notary Public. Notary Public, Georgia, State at Large My Commission Expires Jan. 4, 1982 (Seal) November 6, 1981 Notice of Local Legislation Pursuant to Georgia Code Section 69-1017 notice is hereby given that an Amendment to the Charter of the City of Doraville, further expounding upon and expanding the duties of Mayor, increasing the duties of the Mayor, and in general making the Mayor's position as full-time public office has been discussed and proposed by the City Council of the City of Doraville. The salary of the Mayor will be increased from $300.00 per month to $2,000.00 per month. A copy of the proposed Amendment is on file in the office of the City Clerk of the city of Doraville, 3725 Park Avenue, Doraville, Georgia, and the office of the Clerk of the Superior Court of DeKalb County for the purposes of examination and inspection by the public. Action taken on the proposed Charter Amendment is intended to be taken on the regularly scheduled meeting of the Mayor and City Council of the City of Doraville on the third Monday in December, 1981. (Dec. 21, 1981 at 8 P.M.) Edward E. Carter City Attorney for the City of Doraville, Georgia Filed in the Office of the Secretary of State January 21, 1982.
Page 4901
CITY OF DORAVILLEFINES AND PUNISHMENT Ordinance No. 217 An Ordinance enacted and adopted pursuant to the provisions of Georgia Code 69-1017 to amend Article III., 3.03 of the Charter of the City of Doraville, so as to increase the maximum fine which may be imposed for violations of city laws and ordinances from $500.00 to $2,500.00; to increase the maximum time for which offenders may be committed to the city jail or DeKalb County jail from thirty (30) days to ninety (90) days; to increase the maximum time for which offenders may be sentenced to labor on the streets or other public works of the City of Dorville from thirty (30) days to ninety (90) days; to repeal conflicting ordinances; and for other purposes. Be it Ordained, and it is hereby ordained by the Mayor and City Council of the City of Doraville, a political subdivision of the State of Georgia, as follows: Section I . Pursuant to the provisions of Georgia Code 69-1017, Article III, 3.03 of the Charter of the City of Doraville is hereby amended, as follows: (a) By deleting the words and figures FIVE HUNDRED DOLLARS ($500.00) from Line 12 of 3.03 of Article III, and substituting therefor the words and figures TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00); and (b) By deleting the words and figures Thirty (30) days from Lines 14 and 16 of 3.03 of Article III, and substituting therefor the words and figures Ninety (90) days. As amended, Article III, 3.03 of the Charter of the City of Doraville shall read, in its entirety as follows: Section 3.03 Powers; Maximum Penalty; Contempt Be it further enacted that the Judge of the Municipal Court shall have jurisdiction to try all offenses against the laws and Ordinances of the City of Doraville and to punish violators of
Page 4902
the same. Said Court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish for contempt. The Judge of Municipal Court shall have power and authority to impose fines for the violations of any law or Ordinance of the City of Doraville passed in accordance with its Charter to an amount not to exceed TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), or to imprison offenders in the City Jail or DeKalb County Jail for a period of not more than ninety (90) days, or to sentence offenders to labor on the streets or other public works of the City of Doraville for not more than ninety (90) days. Said Judge shall have the power and authority to impose any one (1) or more of these punishments, when in the opinion of the Court the facts justify it. Said Court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to the used as evidence, and to issue Subpoenas for these purposes, and to issue such other processes as may be necessary to the proper administration of said Court, and to punish for contempt, provided such punishment for contempt shall not exceed a fine of ONE HUNDRED DOLLARS ($100.00) or imprisonment in jail for not more than ten (10) days, either one (1) or both. Section 2 . All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3 . This Ordinance shall become effective after the date of its passage by the Mayor and City Council of the City of Doraville, upon the date when it is delivered to the Secretary of State of the State of Georgia and the Clerk of the Superior Court of DeKalb County, Georgia, pursuant to the provisions of Georgia Code 69-1020. Section 4 . If any clause, subsection, section, sentence, phrase or portion of this Ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Ordinance as applied to any situation or set of facts or circumstances shall be declared invalid or unconstitutional such invalidity or unconstitutionality shall not be construed to affect the portion of this Ordinance not so held to be invalid or the application of the Ordinance to certain other
Page 4903
circumstances not so held to be invalid. It is the intent that this Ordinance would have been adopted if such invalid portions had not been included herein. This 4 day of October, 1982. /s/ Gene Lively, Mayor City of Doraville Attest: /s/ Jim Buechler City Clerk First Reading: September 6, 1982 Second Reading: October 4, 1982 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 Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Local Legislation-Amendment to City Charter: Doraville, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 5, 12, 19th day of August, 1982. Gerald W. Crane, Co-Publisher /s/ Linda L. Orr Agent Sworn to and subscribed before me this 19th day of August, 1982.
Page 4904
/s/ Linda L. Orr Notary Public My Commission expires June 21, 1985 (Seal) Notice of Local Legislation July 27, 1982 Pursuant to Georgia Code 69-1017 notice is hereby given that an Amendment to the Charter of the City of Doraville increasing the maximum fine which may be imposed for violation of City of Doraville Ordinances from Five Hundred Dollars ($500.00) to Two Thousand Five Hundred Dollars ($2,500.00) and increasing the maximum time for which offenders may be committed to the City Jail or DeKalb County Jail from thirty (30) days to Ninety (90) days and to increase the maximum time for which offenders may be sentenced to labor on the streets or other public works of the City of Doraville from thirty (30) to Ninety (90) days has been discussed and proposed by the City Council of the City of Doraville. A copy of the proposed Charter Amendment is on file in the office of the City Clerk of the City of Doraville, 3725 Park Avenue, Doraville, Georgia, and the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. Action taken on the proposed Charter Amendment is intended to be taken on the regularly scheduled meeting of the Mayor and City Council of the City of Doraville on the first Monday in October, 1982. Edward E. Carter, P.C. James C. Watkins City Attorney for the City of Doraville Filed in the Office of the Secretary of State November 4, 1982.
Page 4905
CITY OF EAST POINTNEW ELECTION WARD BOUNDARIES Home Rule Ordinance An Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) to amend an Act Establishing a Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several acts amendatory thereof, and especially that Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.), and as further amended, is hereby further amended by adoption of new election ward boundaries reapportioned according to the 1980 decennial census; to provide for severability; to provide for an effective date; to repeal conflicting charter and ordinance provisions; and for other purposes. Be it Ordained by the Mayor and Council of the City of East Point, and it is hereby ordained by authority of same that: Section 1 . An Act establishing a new Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, and especially an Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.) is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) by striking Section 4(2) of that Act of 1973 (Ga. L. 1973, p. 2577, 2589) of the Charter of the City of East Point in its entirety and inserting in lieu thereof a new Section 4(2) which shall read as follows: Section 4. (2) Said City shall be divided into four wards, to-wit: Wards A, B, C and D, which are more particularly described as follows: (a) WARD A: The boundaries of Ward A of said City are as follows: Commencing at a point on the Northern limits of the city limits of the City of East Point formed by the intersection of the Northerly city limits line of the City of East Point and the centerline of Delowe Drive; thence along the city limits line of the City of East Point Easterly, Northerly,
Page 4906
Easterly, Southerly, Easterly, Southerly, Easterly, Southerly, to a point where said city limits line intersects with the North line of Land Lot 134 of the 14th District of Fulton County, Georgia; thence South along the East right-of-way of Main Street to a point formed by the intersection of the East right-of-way line of Main Street and the centerline of Knotts Avenue, if extended to form an intersection; thence Westerly along the centerline of Knotts Avenue to the point of intersection with the centerline of Newnan Street, if the respective centerlines were extended to form an intersection; thence South along the centerline of Newnan Street to the point of intersection with the centerline of Hawthorne Way, if the centerlines of the respective streets were extended to form an intersection; thence Northwesterly and Westerly along the centerline of Hawthorne Way to the West line of Land Lot 135 of the 14th District of Fulton County, Georgia; thence South along the West line of Land Lots 135 and 134 of the 14th District of Fulton County, Georgia, to the point formed by the intersection of the West line of Land Lot 134 and the centerline of St. Joseph Avenue, if said centerline was extended to form an intersection; thence West along the centerline of St. Joseph Avenue to a point of intersection with the centerline of Lawrence Street, if the respective centerlines were extended to form an intersection; thence Southwesterly and Southeasternly along the centerline of Lawrence Street to a point formed by the intersection of the centerline of Lawrence Street and the centerline of Main Street, if the respective centerlines were extended to form an intersection; thence Southeasterly and Southwesterly along the centerline of Main Street to a point where said centerline of Main Street intersects with the South city limits line of the City of East Point in Land Lot 158 of the 14th District of Fulton County, Georgia; thence Westerly and following the Southerly limits of the City of East Point and the meanderings thereof to the point of intersection with the centerline of Delowe Drive, if said centerline were extended to form an intersection with the Southerly limits of the city limits of the City of East Point; thence Northerly along the centerline of Delowe Drive and following the meanderings thereof to its point of intersection with the Northerly limits of the City of East Point and THE POINT OF BEGINNING.
Page 4907
(b) WARD B: The boundaries of Ward B of said City are as follows: Commencing at a point on the East right-of-way line of Main Street where the East right-of-way line of Main Street intersects with the city limits line of the City of East Point and the North line of Land Lot 134 of the 14th District of Fulton County, Georgia; thence Easterly along the city limits line of the City of East Point and following the meanderings thereof Southerly and Westerly along the Southern limits of the City of East Point to a point formed by the intersection of the Southerly limits of the City of East Point with the centerline of Main Street in Land Lot 158 of the 14th District of Fulton County, Georgia; thence Northeasterly and Northwesterly along the centerline of Main Street to a point formed by the intersection of the centerline of Main Street with the centerline of Lawrence Street, if the respective centerlines were extended to form an intersection; thence Northwesterly and Northeasterly along the centerline of Lawrence Street to a point formed by the intersection of the centerline of Lawrence Street with the centerline of St. Joseph Avenue, if the respective centerlines were extended to form an intersection; thence Easterly along the centerline of St. Joseph Avenue to a point formed by the intersection of the centerline of St. Joseph Avenue, if extended to form an intersection, with the East line of Land Lot 134 of the 14th District of Fulton County, Georgia; thence North along the West line of Land Lots 134 and 135 of the 14th District of Fulton County, Georgia, to a point formed by the intersection of the West line of Land Lot 135, aforesaid, with the centerline of Hawthorne Way, if said centerline was extended to form an intersection; thence Easterly and Southeasterly along the centerline of Hawthorne Way to a point formed by the intersection of Hawthorne Way with the centerline of Newnan Street, if the respective centerlines were extended to form an intersection; thence Northeasterly along the centerline of Newnan Street to a point formed by the intersection with the centerline of Knotts Avenue, if the respective centerlines were extended to form an intersection; thence Easterly along the centerline of Knotts Avenue to a point formed by the intersection of the centerline of Knotts Avenue, if extended, with the East right-of-way line of Main Street; thence Northeasterly along the East right-of-way line of Main Street to its point of intersection with the city limits
Page 4908
line of the City of East Point and THE POINT OF BEGINNING. (c) WARD C: The boundaries of Ward C of said City are as follows: Commencing at a point on the Northern limits of the city limits of the City of East Point where said city limits line intersects with the centerline of Delowe Drive; thence South along the centerline of Delowe Drive and following the meanderings thereof to a point formed by the intersection with the Southerly limits of the City of East Point, if the centerline of Delowe Drive were extended to form a point of intersection; thence Westerly along the Southerly limits of the City of East Point and following the meanderings thereof to a point formed by the intersection of the city limits of the City of East Point with the centerline of Dodson Drive Connector, if said centerline were extended to form a point of intersection; thence Northerly along the centerline of Dodson Drive Connector to a point formed by the intersection of Dodson Drive Connector and the centerline of Stone Road if the respective centerlines were extended to form a point of intersection; running thence Easterly along the centerline of Stone Road to a point formed by the intersection with the centerline of Pebble Drive if the respective centerlines were extended to form a point of intersection; thence Northerly along the centerline of Pebble Drive to a point formed by the intersection with the centerline of Beech Drive if said centerlines were extended to form an intersection; thence Easterly, Northeasterly and Northwesterly and following the meanderings of the centerline of Beech Drive to its point of intersection with the centerline of Meadow Lark Lane if the respective centerlines were extended to form an intersection; thence Northerly along the centerline of Meadow Lark Lane to a point formed by the intersection of said centerline with the centerline of Meadow Lark Drive if said centerlines were extended to form a point of intersection; thence Westerly and Northwesterly along the centerline of Meadow Lark Drive and following the meanderings thereof to a point formed by the intersection of said centerline with the centerline of Rolling Brook Trail if said centerlines were extended to form a point of intersection; thence Westerly, Southwesterly and Westerly along the centerline of Rolling Brook Trail to the point of intersection of said centerline with the centerline
Page 4909
of Dodson Drive if said centerlines were extended to form a point of intersection; thence Northerly along the centerline of Dodson Drive to a point formed by the intersection of said centerline with the centerline of Hogan Road if said centerlines were extended to form a point of intersection; thence Westerly along the centerline of Hogan Road to its point of intersection with the Westerly limits of the city limits of the City of East Point at the West line of Land Lot 221 of the 14th District of Fulton County, Georgia; thence Northerly and Easterly along the city limits line of the City of East Point and following the meanderings thereof to a point on the Northern limits of the city limits of the City of East Point where said city limits line intersects with the centerline of Delowe Drive and THE POINT OF BEGINNING. (d) WARD D: The boundaries of Ward D of said City are as follows: Commencing at a point on the Southerly city limits line of the City of East Point in Land Lot 194 of the 14th District of Fulton County, Georgia, formed by the intersection of said city limits line with the centerline of Dodson Drive Connector (also known as Dodson Drive); thence Southerly, Westerly, Southerly, Westerly and Northerly, Easterly, Northerly along the city limits of the City of East Point and following the meanderings thereof to a point on the Westerly limits of the City of East Point formed by the intersection of said city limits line with the centerline of Hogan Road; thence Easterly along the centerline of Hogan Road to a point formed by the intersection of the centerline of Hogan Road, if extended to intersect with the centerline of Dodson Drive; thence Southerly along the centerline of Dodson Drive to a point formed by the intersection of the centerline of Dodson Drive and the centerline of Rolling Brook Trail if said centerlines were extended to form a point of intersection; thence Easterly, Northeasterly and Easterly along the centerline of Rolling Brook Trail to a point formed by said centerline with the centerline of Meadow Lark Drive if said centerlines were extended to form a point of intersection; thence Southerly and Easterly along the centerline of Meadow Lark Drive to a point formed by the intersection of said centerline with the centerline of Meadow Lark Lane if said centerlines were extended to form a point of intersection; thence South and Southwesterly along the centerline of
Page 4910
Meadow Lark Lane to a point formed by the intersection of said centerline with the centerline of Beech Drive if said centerlines were extended to form a point of intersection; thence Southeasterly, Southerly, Southwesterly and Westerly and following the meanderings of the centerline of Beech Drive to a point formed by the intersection of said centerline with the centerline of Pebble Drive if said centerlines were extended to form a point of intersection; thence South along the centerline of Pebble Drive to a point formed by the intersection of said centerline with the centerline of Stone Road if said centerlines were extended to form a point of intersection; thence West along the centerline of Stone Road to a point formed by the intersection of said centerline with the centerline of Dodson Drive Connector if said centerlines were extended to form an intersection; thence South, Southeasterly and South along the centerline of Dodson Drive Connector to a point formed by the intersection of said centerline, if extended, with the South limits of the City of East Point on its Southern boundary and THE POINT OF BEGINNING. Section 2 . 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 days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 3 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance,
Page 4911
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 4 . This Ordinance shall become effective on the latter of January 1, 1982, or its date of approval by the Civil Rights Division of the United States Justice Department as required pursuant to the Voting Rights Act of 1965. Section 5 . All Charter provisions, ordinances or parts thereof in conflict herewith are hereby repealed upon this Ordinance becoming effective as prescribed in Section 4 above. First Reading 11-2-81 Second Reading 12-7-81 GNS 12/81 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 7th day of December, 1981. /s/ Mary Holleman, City Clerk /s/ Walter A. Ponder, Mayor I, Mary Holleman, do hereby certify that I am City Clerk of the City of East Point, Georgia and that as such, I am the keeper of the seal, minutes and records of said City and of the City of East Point, Georgia; that the foregoing extract is a true, correct and exact copy of the original thereof, adopted on the 7th day of December, 1981, as the same appears on record in the office of the City Clerk of East Point, Georgia. IN WITNESS
Page 4912
WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City this 19th day of February, 1982. /s/ Mary Holleman City Clerk (Seal) 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 22, 29 days of Oct. 1981, and on the 5 days of Nov. 1981. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 17 day of Feb. 1982. /s/ Sara H. Allen Notary Public, Georgia, State at Large My Commission Expires Aug. 23, 1985 (Seal) Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point propose to adopt an ordinance to amend an Act establishing a new Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof and especially that Act approved April 9, 1973 (Ga. L. 1973, p. 2577, at p. 2589, et seq.) and as amended; to provide for the establishment of new Ward boundaries, reapportioning the Wards of the City of East Point
Page 4913
pursuant to the 1980 Decennial Census; to provide for severability; to provide for an effective date; to provide for repeal of conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the City of East Point, East Point City Hall, 2777 East Point Street, East Point, Fulton County, Georgia; and in the office of the Clerk of the Superior Court of Fulton County, Georgia, Fulton County Courthouse, 136 Pryor Street, SW, Atlanta, Fulton County, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone, upon request, with a copy of the proposed ordinance. The ordinance will be considered the first time at the regular meeting of the Mayor and Council of the City of East Point on November 2, 1981, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on November 16, 1981. Maryu V. Holleman, City Clerk City of East Point, Georgia Filed in the Office of the Secretary of State February 22, 1982. CITY OF EAST POINTLICENSE INSPECTOR, ETC. Ordinance An Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) to amend an Act Establishing a Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof and especially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) and especially that act approved by home rule adoption of an ordinance on January 3, 1978, is hereby further amended so as to provide for the transfer of the functions of the City License Inspector from the Department
Page 4914
of Administrative Services to the Inspections Department of the City of East Point; to delete the Office of Purchasing from the functions of the Department of Administrative Services; to provide for publication; to provide for transmittal to the Secretary of State; to provide for severability; to repeal conflicting ordinances and charter provisions; 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.) and the several Acts amendatory thereof and espacially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) and as was further amended pursuant to Municipal Home Rule Act (Ga. L. 1965, p. 298, et seq.) by Ordinance adopted January 3, 1978, is hereby further amended by striking in its entirety Section 67 of the Charter entitled Department of Administrative Services and adopting in lieu thereof a new Section 67 which shall provide as follows: Section 67. Department of Administrative Services . The Department of Administrative Services shall consist of a head of the department, a person who oversees the office of City Clerk, City Treasurer, office of City Finance, and office of Tax Assessment and Collection. (a) The Department of Administrative Services of the City of East Point shall oversee the functions of the office of City Clerk and Assistant City Clerk and such other officers and employees as the City Council or City Manager shall from time to time by ordinance or resolution provide for. (b) The Department of Administrative Services shall oversee the functions of the office of the City Treasurer and Assistant City Treasurer and such other officers and employees as the City Council or City Manager shall from time to time by ordinance or resolution provide for. The City Treasurer shall collect, disburse, subject to the direction of the department head and City Manager, all monies due and belonging to the City as provided for by law and ordinances of said City. The City Treasurer and Assistant
Page 4915
City Treasurer shall make and keep such books and records and make such entries therein as may be required by the department head, by the City Treasurer, by law, and the ordinances of the City. The City Treasurer and Assistant City Treasurer shall perform all other duties required by law and by the ordinances, rules and regulations of said City. The Treasurers' books and records shall be subject to inspection by any citizen of said City at all reasonable times, and all sums of money paid into the hands of the Treasurer shall be for the exclusive use of said City. Before entering upon the discharge of the Treasurer's or Assistant Treasurer's duties, the Treasurer or Assistant Treasurer shall take and subscribe an oath before some officer, authorized by law to administer oaths, to faithfully and honestly discharge the duties of the Treasurer's office, and shall execute a bond in sufficient sum to protect the City against loss, with good and sufficient security to be approved by the City Council. The City Treasurer and Assistant City Treasurer shall keep separate and correct accounts and records of all funds received and disbursed so that such records will at all times reflect the true and exact amount and condition of such accounts and funds. The Treasurer and Assistant Treasurer shall make general and special reports to the department head, to the City Manager, and to the City Council in such manner and as often as may be required by any of them. (c) The Department of Administrative Services of the City of East Point shall oversee the functions of the office of the Tax Assessment and Collection. In the office of Tax Assessment and Collection there shall be a Tax Commissioner and such other officers and employees as the City Council or the City Manager shall, from time to time, by resolution or ordinance provide for. In addition thereto, the office of Tax Assessment and Collection shall consist of three (3) assessors appointed for a term of four (4) years by the City Council. The Board of Tax Assessors shall constitute the Board of Tax Appeals. The Board of Tax Assessors shall be compensated for services actually rendered as provided by ordinance. No one shall be eligible for appointment to the office of Tax Commissioner or Tax Assessor except for property owners residing in said City. The City shall have authority by ordinance or resolution or contract to arrange for the services of tax assessment through
Page 4916
any joint or several agency of Fulton County or any other municipal governing authority within Fulton County, Georgia for the purposes of performing the functions of tax assessment and its related functions and nothing herein shall be construed to the contrary. In the event such an arrangement is made the Board of Tax Assessors and Tax Appeals may be abolished and the functions served by such entity shall, according to the terms of any ordinance, resolution or contract, be filled by such agency rendering such services, and such other functions as may be spelled out or prescribed for and assigned to the Tax Commissioner of the City of East Point and other provisions of this Charter of the Code of Ordinances of the City of East Point. Section 2 . An Act establishing a New Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof and especially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) and as amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) by Ordinance adopted January 3, 1978, is hereby further amended by striking in its entirety Section 73 of the Charter of the City of East Point, and inserting in lieu thereof a new Section 73 which shall read as follows: Section 73. Inspection Department . The Inspection Department shall consist of a City Inspector and such other officers and employees as the City Manager shall provide for. Additionally, the Inspection Department shall consist of a Business License Inspector and such other officers and employees as the City Manager shall provide for. Section 3 . 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
Page 4917
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 days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. 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 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading 5-4-81 Second Reading 5-18-81 GNS 4/81 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 May, 1981. /s/ Mary Holleman, City Clerk /s/ Walter A. Ponder, Mayor I, Mary Holleman, do hereby certify that I am City Clerk of the City of East Point, Georgia and that as such, I am the keeper of the seal, minutes and records of said City and of the City of East Point, Georgia; that the foregoing extract is a true,
Page 4918
correct and exact copy of the original thereof, adopted on the 18th day of May, 1981, as the same appears on record in the office of the City Clerk of East Point, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City this 19th day of February, 1982. /s/ Mary Holleman City Clerk (Seal) 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 16, 23, 30 days of April, 1981. As approved by law. /s/ Frances K. Beck Subscribed and sworn to before me this 17 day of Feb., 1982. /s/ Sara H. Allen Notary Public, Georgia, State at Large My Commission Expires Aug. 23, 1985 (Seal) Public Notice Pursuant to the Municipal Home rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point, Georgia, proposes to adopt an ordinance to amend an Act establishing a Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof and especially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) and as
Page 4919
amended; and particularly that Home Rule Act dopted January 3, 1978, is hereby further amended so as to provide for transfer of the functions of the City License Inspector from the Department of Administrative Services to the Inspections Department of the City of East Point; to delete the office of Purchasing from the functions of the Department of Administrative Services; to repeal conflicting Charter and Ordinance provisions; to provide for severability; to provide for publication; to provide for transmittal to the Secretary of State; 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 the Mayor and Council of the City of East Point, Georgia, on May 4, 1981, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point, Georgia, on May 18, 1981. Mary Holleman, Clerk City of East Point, Georgia Filed in the Office of the Secretary of State February 22, 1982. CITY OF EAST POINTSALARIES OF MAYOR AND COUNCIL Ordinance An Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) To amend an Act Establishing a Charter for the City of East Point, Georgia, approved
Page 4920
August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof including that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and that Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.), and particularly that Home Rule Act adopted May 17, 1976 (enrolled in Ga. L. 1977, p. 4620, at 4621) to set the salaries and other compensation payable to the Mayor and Council; to provide for compliance with the Municipal Home Rule Act of 1965; to provide for enrollment; 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, and it is hereby ordained by authority of same that: Section 1 . An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof including that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and that Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.) and particularly that Home Rule Act adopted May 17, 1976 (enrolled in Ga. L. 1977, p. 4620, at 4621) is hereby further amended by striking Section 19 of the Charter of the City of East Point (designated as Section 2-111 according to the present codification of the Charter and Ordinances of the City of East Point) and inserting in lieu thereof a new Section 19, which shall read as follows: Section 19. Salaries of Mayor and Council. Exclusive of the premiums paid by the City on group insurance, the Mayor shall receive an annual salary up through and including December 31, 1984, of Four Thousand Dollars ($4,000.00), and thereafter, commencing on January 1, 1985, exclusive of the premiums paid by the City on group insurance, the Mayor shall receive an annual salary of Five Thousand Two Hundred Dollars ($5,200.00), and the Mayor's salary shall not be reduced during his term of office. Each Councilman shall receive an annual salary of Two Thousand Six Hundred Dollars ($2,600.00), exclusive of premiums paid by the City for group insurance. Said salaries of the Mayor and Councilmen shall be paid in equal bi-weekly installments. In addition to the annual salary set forth above, the Mayor shall receive an annual expense
Page 4921
allowance up through and including December 31, 1984, of Two Thousand Five Hundred Dollars ($2,500.00), payable bi-weekly; and thereafter, commencing on January 1, 1985, the Mayor shall receive an annual expense allowance of One Thousand Three Hundred Dollars ($1,300.00), payable bi-weekly; and each Councilman shall be paid an annual expense allowance of One Thousand Two Hundred Dollars ($1,200.00), payable bi-weekly. Section 2 . 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 days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 3 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions 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 4 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
Page 4922
Section 5 . This Ordinance shall become effective on January 1, 1982. First Reading 12-21-81 Second Reading 1-4-82 GNS 11/81 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 4th day of January, 1982. /s/ Mary Holleman, City Clerk /s/ Walter A. Ponder, Mayor I, Mary Holleman, do hereby certify that I am City Clerk of the City of East Point, Georgia and that as such, I am the keeper of the seal, minutes and records of said City and of the City of East Point, Georgia; that the foregoing extract is a true, correct and exact copy of the original thereof, adopted on the 4th day of January, 1982, as the same appears on record in the office of the City Clerk of East Point, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City this 19th day of February, 1982. /s/ Mary Holleman City Clerk (Seal) 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
Page 4923
State, and that the publication, of which the annexed is a true copy, was published in said paper on the 10, 17, 24, 31 days of Dec. 1981. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 17 day of Feb. 1982 /s/ Sara H. Allen Notary Public, Georgia, State at Large My Commission Expires, Aug. 23, 1985 (Seal) Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point purpose to consider for adoption an ordinance to amend an Act establishing a new Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, including that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and that Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.), and particularly that Home Rule Act adopted May 17, 1976 (enrolled in Ga. L. 1977, p. 4620, at 4621) to set the salaries and other compensation payable to the Mayor and Council; to provide for compliance with the Municipal Home Rule Act of 1965; to provide for enrollment; 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, East Point City Hall, 2777 East Point Street, East Point, Fulton County, Georgia; and, in the office of the Clerk of the Superior Court of Fulton County, Georgia, Fulton County Courthouse, 136 Pryor Street, SW, Atlanta, Fulton County, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone, upon written request, with a copy of the proposed Ordinance. The Ordinance will be considered the first time in the regular meeting of the Mayor and Council of the City of East Point on Monday, December 21, 1981, and will be considered for final
Page 4924
adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday, January 4, 1982. Mary V. Holleman, City Clerk City of East Point, Georgia Filed in the Office of the Secretary of State February 22, 1982. CITY OF EAST POINTRETIREMENT SYSTEM Home Rule Ordinance An Ordinance to amend an Ordinance adopted pursuant to 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 including that Act 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.) and particularly that Act and Ordinance adopted August 18, 1980, and enrolled in Georgia Laws 1981 (Ga. L. 1981, p. 5083, et seq.) to delete provisions relating to school crossing guards; to provide for severability; to provide for enrollment; to repeal conflicting laws and ordinances; and, for other purposes. Be it Ordained by the Mayor and Council of the City of East Point, and it is hereby ordained by authority of same that: Section 1 . An Act establishing a new Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof, including an Act adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) on June 19, 1975, establishing a new retirement system for the employees of the City of East
Page 4925
Point, Georgia, enrolled in Georgia Laws 1976 (Ga. L. 1976, p. 4561, et seq.) and especially that Act adopted August 18, 1980 as enrolled in Georgia Laws 1981 (Ga. L. 1981, p. 5083, at p. 5084) so as to adopt a new Article III, Section 1 (CLASS 1) which shall read as follows: Article III. Eligibility, Qualification and Participation. Section 1. Ineligible Classes of Employees . The following classes of employees shall not become eligible for participation in the Plan. CLASS 1 - Employees 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. Section 2 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions 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 3 . 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
Page 4926
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 days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 4 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading 1-19-82 Second Reading 2-1-82 GNS 12/81 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 1st day of Feb. 1982. /s/ Mary Holleman, City Clerk /s/ Walter A. Ponder, Mayor I, Mary Holleman, do hereby certify that I am City Clerk of the City of East Point, Georgia and that as such, I am the keeper of the seal, minutes and records of said City and of the City of East Point, Georgia; that the foregoing extract is a true, correct and exact copy of the original thereof, adopted on the 1st day of February, 1982, as the same appears on record in the office of the City Clerk of East Point, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City this 19th day of February, 1982. /s/ Mary Holleman City Clerk (Seal)
Page 4927
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 28 days of Dec. 1981, and on the 4, 11 days of Jan. 1982. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 17 day of Feb. 1982 /s/ Sara H. Allen Notary Public, Georgia, State at Large My Commission Expires Aug. 23, 1985 (Seal) Public Notice of a Proposed Home Rule Enactment by the City of East Point, Georgia 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 proposed to consider for adoption an ordinance to amend an Act establishing a Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof including that Act 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.) and particularly that Act and Ordinance adopted August 18, 1980, and enrolled in Georgia Laws 1981 (Ga. L. 1981, p. 5083, et seq.) to delete provisions relating to school crossing guards; to provide for severability; to provide for enrollment; to repeal conflicting laws and ordinances; and, for other purposes. A copy of the proposed ordinance is on file in the office of the
Page 4928
City Clerk of the City of East Point, East Point City Hall, East Point, Georgia, and, the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance. The Ordinance will be considered the first time at the regular meeting of the City Council of the City of East Point on the 18th day of January, 1982 and will be considered for final adoption at the regular meeting of the City Council on the 1st day of February, 1982. /s/ Mary Holleman, City Clerk City of East Point Georgia Filed in the Office of the Secretary of State February 22, 1982. CITY OF EAST POINTCITY COURT POWERS Home Rule Ordinance An Ordinance to amend an Ordinance adopted pursuant to Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, 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 including that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as amended by that Home Rule Ordinance approved November 20, 1978 and enrolled in Georgia Laws 1979, page 4814, is hereby further amended by striking Section 99 of said Charter, at 4817, so as to increase the jurisdictional limits of the court to allow fines up to $1000.00, or imprisonment of offenders not to exceed 120 days; to provide for severability; to provide for enrollment; to repeal conflicting laws and ordinances; and, for other
Page 4929
purposes. Be it Ordained by the Mayor and Council of the City of East Point and, it is hereby ordained by authority of same that: Section 1 . An Act establishing a new Charter for the City of East Point approved April 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof including an Act adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) on November 20, 1978 and enrolled in Georgia Laws 1979 (Ga. L. 1979, p. 4814, et seq.), is hereby further amended by repealing Section 99 (at page 4817) in its entirety and inserting in lieu thereof a new Section 99 which shall provide as follows: Section 99. Maximum fines and penalties; contempt. The city court of East Point shall have power and authority to impose fines to an amount not exceeding One Thousand Dollars ($1000.00), or to imprison offenders in the city jail for a period of not more than 120 days, or to labor on the public works or streets in the city chain gang for not more than 120 days, or any part of any of such punishments or combination thereof, in the discretion of the judge for violation of a city ordinance. He shall be clothed with all rights, powers and privileges of the mayor as to said city court, and shall have the same powers as judges of the superior courts of this state to punish for contempts by a fine not to exceed One Hundred Dollars ($100.00) or imprisonment in the city jail not to exceed fifteen (15) days. He shall perform the duties of a justice of the peace in issuing warrants for state offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force of said city, and may try and commit the offenders to the Fulton County jail, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction. Said court shall have jurisdiction, power and authority throughout Fulton County for the purpose of compelling the attendance of witnesses residing anywhere in said county. Section 2 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in
Page 4930
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 3 . This ordinance shall become effective on 7-19-82. Section 4 . 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 days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 5 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading 7-6-82 Second Reading 7-19-82 GNS 6/82 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved.
Page 4931
This 19th day of July, 1982. /s/ Mary Holleman, City Clerk /s/ Walter A. Ponder, Mayor Publisher's Certificate State of Georgia County of Fulton Personally appeared before the undersigned, a notary public within and for said county and State, of Georgia, publisher of the Southside/Fayette Sun, a newspaper published at East Point, Georgia, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice of a Proposed Home Rule Enactment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1, 8, 15 day of July, 1982. /s/ Gerald W. Crane, Publisher Sworn to and subscribed before me this 1st day of Sept., 1982. /s/ C. Edwin Hornsby Notary Public. My commission expires 8-19, 1986 (Seal) Public Notice of a Proposed Home Rule Enactment by the City of East Point, Georgia 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 consider for adoption an ordinance to amend an Act establishing a Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof including that Act adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) on November 20, 1978 and enrolled in Georgia Laws 1979 (Ga. L. 1979, p. 4814, et seq.), is
Page 4932
hereby further amended by repealing Section 99 (at page 4817) so as to increase the jurisdictional limits of the court to allow for fines up to $1000, or imprisonment of offenders not to exceed 120 days; to provide for severability; to provide for enrollment; 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, East Point City Hall, East Point, Georgia, and, in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance. The Ordinance will be considered the first time at the regular meeting of the City Council of the City of East Point on the 6th day of July, 1982, and will be considered for final adoption at the regular meeting of the City Council on the 19th day of July, 1982. Mary Holleman, City Clerk City of East Point, Georgia Filed in the Office of the Secretary of State September 7, 1982. CITY OF EAST POINTFINES AND IMPRISONMENT OF OFFENDERS Home Rule Ordinance An Ordinance to amend an Ordinance adopted pursuant to Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, 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 including that Act approved
Page 4933
March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as amended by that Home Rule Ordinance approved November 20, 1978 and enrolled in Georgia Laws 1979, page 4814, and as most recently amended by that Home Rule Ordinance approved July 19, 1982 and which as yet has not been enrolled in Georgia Laws, is hereby further amended by striking Section 99 of said Charter so as to increase the jurisdictional limits of the Court to allow fines up to $2000.00, or imprisonment of offenders not to exceed 180 days; to provide for severability; to provide for enrollment; to repeal conflicting laws and ordinances; and, for other purposes. Be it Ordained by the Mayor and Council of the City of East Point and, it is hereby ordained by authority of same that: Section 1 . An Act establishing a new Charter for the City of East Point approved April 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof including an Act adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) on November 20, 1978 and enrolled in Georgia Laws 1979 (Ga. L. 1979, p. 4814, et seq.), and as was further amended by that Home Rule Ordinance approved on July 19, 1982, and which has not yet been enrolled in Georgia Laws, is hereby further amended by repealing Section 99 in its entirety and inserting in lieu thereof a new Section 99 which shall provide as follows: Section 99. Maximum fines and penalties; contempt. The city court of East Point shall have power and authority to impose fines to an amount not exceeding Two Thousand Dollars ($2000.00), or to imprison offenders in the city jail for a period of not more than 180 days, or to labor on the public works or streets in the city chain gang for not more than 120 days, or any part of any of such punishments or combination thereof, in the discretion of the judge for violation of a city ordinance. He shall be clothed with all rights, powers and privileges of the mayor as to said city court, and shall have the same powers as judges of the superior courts of this state to punish for contempts by a fine not to exceed One Hundred Dollars ($100.00) or imprisonment in the city jail not to exceed fifteen (15) days. He shall perform the duties of a justice of the peace in issuing warrants
Page 4934
for state offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force of said city, and may try and commit the offenders to the Fulton County jail, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction. Said court shall have jurisdiction, power and authority throughout Fulton County for the purpose of compelling the attendance of witnesses residing anywhere in said county. Section 2 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions 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 3 . This ordinance shall become effective on 12/6/82. Section 4 . 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 days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter.
Page 4935
Section 5 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading 11/15/82 Second Reading 12/6/82 GNS 10/82 This Ordinance having been properly considered and adopted by the City Council or the City of East Point, Georgia, same is hereby approved. This 6 day of December, 1982. /s/ Evelyne Reeves, City Clerk /s/ Walter A. Ponder, Mayor Publisher's Certificate State of Georgia County of Fulton Personally appeared before the undersigned, a notary public within and for said county and State, of Georgia, publisher of the Southside/Fayette Sun, a newspaper published at East Point, Georgia, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of Proposed Home Rule Enactment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 11, 18, 25 day of December, 1982. Gerald W. Crane, Publisher /s/ Peggy B. Knight, Agent Sworn to and subscribed before me this 16th day of December, 1982.
Page 4936
/s/ D. H. K. Notary Public My commission expires 9/2, 1986. (Seal) Public Notice of a Proposed Home Rule Enactment by the City of East Point, Georgia 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 consider for adoption an ordinance to amend an Act establishing a Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof including that Act adopted pursuant to the Municipal Home Rule Act of 1965 Ga. L. 1965, p. 298, et seq.) on November 20, 1978 and enrolled in Georgia Laws 1979 (Ga. L. 1979, p. 4814, et seq.), and as most recently amended by that Home Rule Ordinance approved on July 19, 1982 and which as yet has not been enrolled in Georgia Laws, is hereby further amended by striking Section 99 of said Charter so as to increase the jurisdictional limits of the court to allow fines up to $2000.00 or imprisonment of offenders not to exceed 180 days; to provide for severability; to provide for enrollment; 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, East Point City Hall, East Point, Georgia, and, in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance. The Ordinance will be considered the first time at the regular meeting of the City Council of the City of East Point on the 15th day of November, 1982, and will be considered for final adoption at the regular meeting of the City Council on the 6th
Page 4937
day of December, 1982. Evelyne Reeves, City Clerk City of East Point, Georgia Filed in the Office of the Secretary of State December 27, 1982. CITY OF ELBERTONRECORDERFINING AUTHORITY Ordinance Number 833 An Ordinance to amend the Charter of the City of Elberton, Article IV. City Recorder, Section 35 by increasing the fining authority of the City Recorder from $300 per violation of city ordinances to $500 per violation of city ordinances; and for other purposes. Section One Be it ordained and it is hereby ordained by the authority of the Mayor and Council of the City of Elberton that the Charter of the City of Elberton is hereby amended by striking from Article IV. City Recorder, Section 35 the words Three Hundred Dollars ($300) and inserting in lieu thereof the words Five Hundred Dollars ($500) so that, as amended, said Section will read as follows: The court for the trial of offences against the ordinances of the city shall be known as the recorder's court, and at the first meeting of the city council after their election and qualification, they shall elect a city recorder for the ensuing year, and until his successor is elected and qualified, to hold said court. His salary shall be fixed by the city council, and he shall take such oath as may be prescribed by that body. Any vacancy in the office of city recorder shall be filled by the city council. Such recorder, may hold said court, and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of the ordinances of the city by a fine not exceeding five hundred dollars ($500.00), imprisonment in the city jail or imprisonment
Page 4938
in the county jail by permission of the county authorities, not exceeding sixty (60) days, or work on the street chain gang, or other public work under the supervision of the chief of police or the superintendent of the street department, not exceeding sixty (60) days any one or more, or all of these, at the discretion of the recorder's court. When sitting as a court for the trial of offences the said court shall have the power to punish for contempt by fine not exceeding one hundred dollars ($100.00), imprisonment or work in the manner already prescribed in this section for not exceeding fifty (50) days, one or both, at the discretion of the recorder's court. Any judgment of the recorder's court may be reviewed by the certiorari to the superior court of Elbert County, as provided by law in such cases. Section Two. Be it further ordained that all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. First Reading: Councilman Thornton Second Reading: Councilman Thornton Adopted: September 13, 1982 I, Iola S. Stone, City Clerk of the City of Elberton, Georgia, do hereby certify that the above is a true and exact copy of an Ordinance adopted at the regular meeting of the Mayor and City Council of the City of Elberton held September 13, 1982, and that the same appears upon the official minutes of the Mayor and City Council of the City of Elberton, Georgia /s/ Iola S. Stone City Clerk (Seal) Notice of Amendment to the Charter of the City of Elberton Notice is hereby given that an amendment to the charter of the City of Elberton has been proposed which would amend Article IV. City Recorder, Section 35 by increasing the fining authority
Page 4939
of the City Recorder for violation of City Ordinances from $300 per violation to $500 per violation. A copy of the proposed amendment is on file at the office of the City Clerk, Mrs. Iola Stone at the City Municipal Complex and at the office of the Clerk of the Superior Court, Mr. Charles Rucker where it is available for purposes of examination and inspection by members of the general public. Notice is further given that the proposed amendment may be adopted by the City Council of the City of Elberton at its next regularly scheduled meeting on Monday, September 13, 1982. Iola S. Stone Clerk, City of Elberton First Reading: Councilman Thornton Second Reading: Councilman Thornton Adopted: September 13, 1982 I, Iola S. Stone, City Clerk of the City of Elberton, Georgia, do hereby certify the above to be a true and exact copy of an Ordinance adopted at the regular meeting of the Mayor and City Council of the City of Elberton held September 13, 1982, and that the same appears upon the official minutes of the Mayor and City Council of the City of Elberton, Georgia. /s/ Iola S. Stone City Clerk (Seal) Affidavit Elbert County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the: THE ELBERTON STAR-The Elbert
Page 4940
Beacon newspaper legal organ for Elbert County, the following dates, to-wit: August 12, 1982 August 19, 1982 August 26, 1982 Sworn to on the 23rd day of November, 1982 /s/ Jon Hunt, Editor General Manager Sworn to and subscribed to before me on the 23rd day of November 1982. /s/ Mary C. Taylor Notary Public (Seal) Notice of Amendment to the Charter of the City of Elberton Notice is hereby given that an amendment to the charter of the City of Elberton has been proposed which would amend Article IV. City Recorder, Section 35 by increasing the fining authority of the City Recorder for violation of City Ordinances from $300 per violation to $500 per violation. A copy of the proposed amendment is on file at the office of the City Clerk, Mrs. Iola Stone at the City Municipal Complex and at the office of the Clerk of the Superior Court, Mr. Charles Rucker where it is available for purposes of examination and inspection by members of the general public. Notice is further given that the proposed amendment may be adopted by the City Council of the City of Elberton at its next regularly scheduled meeting on Monday, September 13, 1982. Iola S. Stone Clerk, City of Elberton Filed in the Office of the Secretary of State December 10, 1982.
Page 4941
CITY OF GRIFFINCOMPENSATION OF CITY COMMISSIONERS Georgia Spalding County Resolution In accordance with the provisions of Georgia Laws 1981, page 2969 (Ga. Code Ann. 69-109) and pursuant to notice of the intention to consider this resolution which was published in the Griffin Daily News, a newspaper of general circulation in the City of Griffin, Georgia, on January 22, 29 and February 5, 1982: Be it resolved, by the Board of Commissioners of the City of Griffin that the salary and compensation of each commissioner as heretofore set in 2.16, Commissioners' Salary of the Charter of the City of Griffin be and the same is hereby fixed effective on and after December 15, 1982 as follows: Each of the members of the Board of Commissioners of the City of Griffin shall receive a salary of $400.00 per month except that the Chairman of the Board shall receive a salary of $500.00 per month. In addition to the foregoing, each of the commissioners shall receive an expense allowance of $100.00 per month. No commissioner shall receive any other remuneration except actual expense for attending special conferences and meetings outside Spalding County, Georgia, which expenses must be approved by the entire Board of Commissioners. Resolution approved and adopted this 23 day of February, 1982. By: /s/ R. L. Norsworthy, Mayor Attest /s/ Roy L. Inman, City Manager (Seal)
Page 4942
Certification I, ROY L. INMAN, do hereby certify that I am the City Manager of the City of Griffin and serve as Secretary to the Board of City Commissioners and I do further certify that the enclosed Resolution to amend Section 2.16 of the Charter of the City of Griffin so as to increase compensation of each member of the Board of Commissioners to become effective after the taking of office of Commissioner elected at the next regular municipal election, was duly passed by the Board of City Commissioners at regular meeting held February 23, 1982 after having been appropriately publicized in the Griffin Daily News. /s/ Roy L. Inman, City Manager and Secretary to Board of City Commissioners /s/ Joyce H. Cochran Witness This 25th day of February, 1982. 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 increase in salary and compensation of each commissioner as heretofore set in 2.16 of the Charter of the City of Griffin was published in said newspaper on January 22, 29 and February 5, 1982. This 26th day of February, 1982. /s/ Quimby Melton, Jr., Publisher Griffin Daily News Sworn to and subscribed before me this 26th day of February,
Page 4943
1982. /s/ Katherine V. Busbin Notary Public, Spalding County, Ga. (Seal) Notice Notice is hereby given that the Board of City Commissioners of the City of Griffin at regular meeting February 9, 1982 will consider adoption of Resolution to amend Section 2.16 of the Charter of the City of Griffin so as to increase the compensation of each member of the Board of Commissioners to become effective after the taking of office of those elected at next regular municipal election. Filed in the Office of the Secretary of State March 4, 1982. CITY OF MACONEMPLOYEE DISABILITY PENSIONS An Ordinance of the City of Macon amending Section 5.3 of Article V 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 V, 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 changing the method of determination of amount of retirement benefits for a disability pension; to provide for an effective date; and for other purposes. Be it Ordained by the City of Macon and it is hereby ordained by the authority of same as follows:
Page 4944
Pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, pg. 298 et seq., as amended; Georgia Code Annotated Section 69-1017 et. seq.) as follows: Section 5.3 of Article V of the Macon Pensions and Retirement System is hereby amended by deleting in its entirety said Section 5.3 and substituting in lieu thereof a new Section 5.3 which reads as follows: 5.3 Disability Pension An Employee who meets the requirements for a Disability Pension shall receive a monthly amount equal to fifty (50%) percent of his Average Monthly Compensation less an amount equal to the amount of fifty (50%) percent of his actual monthly Primary Social Security Disability Benefit. In addition, he shall receive a monthly amount equal to one-half () of one (1%) percent of his Average Monthly Compensation for each completed year of service in excess of five (5) years. This amendment to be effective January 1, 1982. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. So Ordained this 1st day of December, 1981. /s/ Rodney L. Smith President Pro Tem of Council Approved this 9th day of December, 1981. /s/ Geo. M. Israel III Mayor So Ordained this 15th day of December, 1981. /s/ Eugene Dunnody President, City Council
Page 4945
Approved this 16th day of December, 1981. /s/ Geo. M. Israel III 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 Dec. 1, 1981. Witness my hand and seal of the City of Macon this December 2, 1981. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayors Office December 2, 1981. Returned from Mayor's office December 11, 1981. 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 15th Dec. 1981. Witness my hand and seal of the City of Macon this December 16, 1981 /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's office December 16, 1981. Returned from Mayor's office December 16, 1981. December 29, 1981 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of ordinance #0-81-0110 concerning disability pension benefits is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall. /s/ James E. Hunnicutt, City Clerk
Page 4946
State of Georgia County of Bibb Personally appeared before me, a notary public within and for above state and county, Gail Brafford who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit: and that advertisement as per attached clipping has been published in the Macon News on the following dates: 11/6, 13, 20 Signed: Gail Brafford Sworn to and Subscribed before me this 7th day of December, 1981 /s/ Jacque Young Notary Public, Bibb County, Georgia My Commission Expires Mar. 24, 1985 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 Clerk. Filed in the Office of the Secretary of State January 4, 1982
Page 4947
CITY OF MACONMUNICIPAL COURTFINES AND PUNISHMENT AUTHORITY An Ordinance of the City of Macon to amend the Charter of the City of Macon pursuant to the authority vested in the City of Macon by virtue of the Municipal Home Rule Act of 1965 (Acts 1965, pp. 298, 299), so as to provide that the maximum fine that may be imposed in the Municipal Court of the City of Macon shall be $500.00; to provide that the maximum amount of time for imprisonment in the city prison shall be 50 days; to provide an effective date; to repeal conflicting provisions; and for other purposes. Be it Ordained by the Mayor and Council of the City of Macon and it is hereby ordained by authority of the same as follows: The Charter of the City of Macon (Georgia Laws 1977, page 3776), as amended, is hereby further amended so as to amend Section 7-103, Paragraph J, so as to provide that the maximum fine that may be imposed in the Municipal Court in the City of Macon shall be FIVE HUNDRED and NO/100 ($500.00) DOLLARS and that the maximum time of imprisonment in the City Prison shall be fifty (50) days so that said Paragraph J of Section 7-103 reads as follows: Section 7-103(j) The Judge of the Municipal Court shall have the power and authority to impose upon the violator of any law or Ordinance of the City, for each violation thereof, the following punishment: a fine not to exceed FIVE HUNDRED and NO/100 ($500.00) DOLLARS, imprisonment in the City Prison for a period of not more than fifty (50) days, commitment at labor upon the public works and streets of the City for a period of not more than sixty (60) days; or any one or all of these punishments when the facts of the case justify such punishment; provided, however, that each contempt of Municipal Court shall be punishable either by imposition of a fine not exceeding ONE HUNDRED and NO/100 ($100.00) DOLLARS or by imprisonment in the City Prison for a period of time not exceeding thirty (30) days.
Page 4948
All Charter provisions or parts of Charter provisions in conflict herewith are hereby repealed. This Ordinance shall become effective upon its final adoption by the Mayor and Council of the City of Macon and upon receipt of a copy of said Charter Amendment by the Secretary of State of the State of Georgia. Adopted this 6th day of April, 1982. /s/ Eugene Dunwody President, City Council Approved this 8th day of April, 1982. /s/ Geo. M. Israel III Mayor Adopted this 20th day of April, 1982. /s/ Eugene Dunwody President, City Council Approved this 27th day of April, 1982. /s/ Geo. M. 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 6th April 1982. Witness my hand and seal of the City of Macon this April 7, 1982. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office April 7, 1982. Returned from
Page 4949
Mayor's office April 12, 1982. 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 April 20, 1982. Witness my hand and seal of the City of Macon this April 21, 1981. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office April 21, 1982. Returned from Mayor's Office April 29, 1982. June 14, 1982 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached ordinance increasing the maximum fine that can be imposed in Municipal Court is a true and correct copy on file in the City Clerk's Office. /s/ James E. Hunnicutt City Clerk (Seal) State of Georgia County of Bibb Personally appeared before me, a notary public within and for above state and county, Sara Rodgers, 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: 03/19, 03/26, 04/ 2 /s/ Sara Rodgers
Page 4950
Sworn to and subscribed before me this 02 day of April, 1982. /s/ Jacque Young Notary Public, Bibb County, Georgia My Commission Expires Mar. 24, 1985 Georgia, Bibb County Legal Notice Notice of Intention to Amend the Charter of the City of Macon Notice is hereby given that the City of Macon intends to amend the Charter of the City of Macon so as to increase the maximum amount of fines and sentences of the Municipal Court of the City of Macon. A copy of said legislation is on file in the City Clerk's office, City Hall, Macon, Georgia and is available for public inspection during regular City of Macon business hours. /s/ James E. Elliott City Attorney Filed in the Office of the Secretary of State June 17, 1982. CITY OF PERRYRECORDER'S COURTFINING AUTHORITY Amendment to Perry Municipal Charter in accordance with the Georgia Municipal Home Rule Act of 1965, as amended. Be it ordained by the Mayor and Council of the City of Perry, Georgia and by virtue thereof, it is hereby ordained that the Charter Laws of the City of Perry are amended under the following terms and conditions:
Page 4951
1. That Sec. 34. Maximum Punishment Authorized; Powers (1) (Ga. Laws 1937, p. 2029, 62; Ga. Laws 1952, p. 2277, 2) is amended by changing the amount of maximum fine from $200.00 to $500.00 so that the Code reads as follows: (1) The city recorder of the City of Perry shall have power to impose fines for the violation of any ordinance of the City of Perry, passed in accordance with its charter, to an amount not to exceed five hundred ($500.00) dollars, or to imprison offenders in the city jail or the county jail of Houston County for the space (a period) of not more than thirty days, or at labor on the public works and streets of the City of Perry for not more than sixty days; the said city recorder shall have the power and authority to impose any one or more of these punishments when in his opinion the facts of the case justify it. This ordinance is adopted subject to the hereinafter terms and conditions. 2. That the proposed municipal charter amendment by the within ordinance be adopted at this July 6, 1982 meeting of the Mayor and Council of the City of Perry as well as at the next July 20, 1982 meeting of the Mayor and Council at the City of Perry. 3. That a notice containing a synopsis of the proposed amendment shall be punished in The Houston Home Journal once a week for three weeks beginning July 22, 1982. 4. That a copy of the proposed amendment be filed in the Office of the Clerk of the City of Perry and the Office of the Clerk of Houston Superior Court for the purpose of examination and inspection by the public and that the notice to be published in The Houston Home Journal shall state that a copy of the proposed
Page 4952
amendment is on file in the office of the Clerk of the City of Perry and the office of the Clerk of Houston Superior Court. 5. That upon its final adoption a copy of this amendment to the Perry City Charter, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the Houston Home Journal in which such notice was published, to the effect that said notice has been published as provided by law, be filed with the Secretary of State and the office of the Clerk of Houston Superior Court. So Adopted initially this 6th day of July, 1982. City of Perry By: /s/ Barbara C. Calhoun, Mayor Attest: /s/ F. Marion Hay, Clerk So adopted and finally enacted this 20th day of July, 1982. City of Perry By: /s/ Barbara C. Calhoun, Mayor Attest: /s/ F. Marion Hay, Clerk I hereby certify that the within and foregoing amendment to the Perry Municipal Charter has been filed in the Office of the Clerk of the City of Perry all in accordance with Section 69-1020 of the Municipal Home Rule Act of 1965. /s/ F. Marion Hay Clerk, Perry Municipal Court (Seal)
Page 4953
I hereby certify that the within and foregoing amendment to the Perry Municipal Charter has been filed in the Office of the Clerk of the Superior Court of Houston County all in accordance with Section 69-1020 of the Municipal Home Rule Act of 1965. /s/ Farise R. Bryant Clerk, Houston Superior Court (Seal) Georgia, Houston County Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Notice of Intent to amend charter was published in The Houston Home Journal on the following dates: July 22, 29, August 5, 1982. This 9th day of August, 1982. /s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 9th day of August 1982. /s/ Emily A. Montgomery Notary Public Houston County My Commission Expires Aug. 23, 1985 (Seal) Notice of Intent to Amend the Perry City Charter in Accordance with the Georgia Municipal Home Rule Act of 1965 In accordance with the Georgia Municipal Home Rule Act of 1965, notice is hereby given that the Mayor and Council of the City of Perry propose to amend the Charter of the City of Perry
Page 4954
propose to amend the Charter of the City of Perry by increasing the maximum fine which the City Recorder shall have the power to impose for violations of ordinances of the City of Perry from the present amount of $200.00 to $500.00. This notice shall run once a week for three weeks in The Houston Home Journal, to-wit: July 22, 1982; and, August 5, 1982. A copy of the proposed amendment is on file in the Office of the Perry City Clerk and the Office of the Clerk of the Superior Court of Houston County, Georgia. This notice is given in accordance with the ordinance adopted at the July 6, 1982 regular meeting of the Mayor and Council of the City of Perry and the ordinance adopted at the July 20, 1982 regular meeting of the Mayor and Council of the City of Perry. Additionally, this notice is given in accordance with the Georgia Municipal Home Rule Act of 1965. Walker, Richardson Hubert Gray Attorneys for the City of Perry Filed in the Office of the Secretary of State August 20, 1982. CITY OF RIVERDALEQUALIFICATIONS OF MAYOR AND COUNCILMEN An Ordinance to amend the Charter of the City of Riverdale (Ga. Laws 1956, p. 2205, Act No. 53, approved February 13, 1956 and as thereafter amended); to provide for the qualifications of the Mayor and Councilmen of the City of Riverdale; to promote the public welfare; and for other purposes. Be it Ordained by the Mayor and Council of the City of
Page 4955
Riverdale and it is hereby enacted pursuant to the authority of the same that the Charter of the City of Riverdale be amended as follows: 1. By striking the following from Ga. Laws 1963, p. 2815, Act No. 251, 3; Ga. Laws 1970, p. 2611, Act No. 995, 3; Ga. Laws 1971, p. 3829, Act No. 728, 2; Ga. Laws 1972, p. 3465, Act No. 1358, 1 (Section 15 of the Charter of the City of Riverdale): ..... of seventy-five dollars ($75.00) if he is a candidate for mayor, and a qualifying fee of fifty dollars ($50.00) if he is a candidate for councilman. 2. And substituting the following words: ..... as determined by the laws of the State of Georgia. 3. So that Section 15 of the Charter shall now read as follows: Sec. 15. Qualifications of mayor and councilmen and notice of candidacy. No person shall be eligible for the office of mayor or councilman of said city unless he shall have been a resident of said city for a period of one (1) year immediately preceding the time that he qualified to run for office; shall have attained or passed his twenty-first birthday, and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. No person's name shall be placed on the ballot as a candidate for mayor or councilman unless such person shall have filed with the clerk of said city thirty (30) days prior to the election in which he desires to be a candidate (legal holidays and Sundays excluded) his written notice that he desires that his name be placed on said ballot as a candidate either for mayor or councilman and shall have paid a qualifying fee as determined by the laws of the State of Georgia. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person
Page 4956
shall file the above notice within the time prescribed herein and have paid his qualifying fee. A copy of this proposed Amendment to the Charter of the City of Riverdale (Ga. Laws 1956, p. 2205, Act No. 53 (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. 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 of the Office of the Clerk of the Superior Court of Clayton County. All laws and parts of laws in conflict herewith are hereby repealed. Enacted this 1st day of February, 1981. Mayor and Council of the City of Riverdale By: /s/Lamar Hutcheson Mayor Attest: /s/ Elizabeth Iler Clerk City Clerk State of Georgia County of Clayton Personally appeared before the undersigned a notary public within and for said county and state, William L. Wadkins Publisher of Clayton News Daily, the official legal organ for the county of Clayton for the publication of official or legal advertisements
Page 4957
for said county, said newspaper published at P.O. 368, Jonesboro, Georgia, County of Clayton, State of Georgia, who, being duly sworn, state on oath that the report of a true copy of which is hereto annexed, was published in said newspaper in its issue of the following dates: 12/15/81; 12/22/81, 12/29/81 William L. Wadkins, Publisher. Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribe before me this date 2/2/82. /s/ Brenda M. Morgan Notary Public Georgia State at Large My Commission Expires June 28, 1982 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) 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) so as to repeal conflicting laws; to bring the qualifications of candidates for Mayor and councilmen of the City of Riverdale into conformance with State law; and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of the Council of the City of Riverdale, Georgia, and in the office of the Clerk of the Superior Court of Clayton County, Georgia, for purposes of examination and inspection of the public. This 15th day of December, 1981. Elizabeth Iler City Clerk City of Riverdale Filed in the Office of the Secretary of State February 15, 1982.
Page 4958
CITY OF ROCKMARTQUALIFICATIONS OF RECORDER An Ordinance to Amend Section 6.02 of the Charter of the City of Rockmart, Georgia Whereas, the Mayor and Council of the City of Rockmart, Georgia, believe it to be in the best interest of the City, its property owners and citizens that Section 6.02 entitled Recorder of the Charter of the City of Rockmart, Georgia, be amended and modified so as to allow persons who are neither a qualified voter nor a resident of the city to be qualified and eligible to serve as recorder of the City's Recorder's Court, thereby providing the Mayor and Council with a larger class of persons from whom they can select a competent Recorder; and Whereas, municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority not less than seven (7) days nor more than sixty (60) days apart, pursuant to the provisions of Ga. Code Ann. 69-1017; and Whereas, upon the first reading of this ordinance by the Mayor and Council of the City of Rockmart, Georgia, held on February 9, 1982, the same was unanimously approved and adopted; and Whereas, pursuant to the provisions of Ga Code Ann. 69-1017, as amended, the public was notified of the proposed charter amendment, a copy of said notice being attached hereto as Exhibit A, and made by reference a part hereof; and Whereas, this ordinance coming on for final hearing this date as allowed by law, and it appearing that said ordinance, notice and publication and publisher's affidavit are in order; and Whereas, it appears that the above-described amendment to the Charter of the City of Rockmart, Georgia would be in the best interest of the City, its property owners and citizens.
Page 4959
Now, therefore, be it resolved and ordained by the Mayor and Council of the City of Rockmart, Georgia, as follows: 1. That the Charter of the City of Rockmart, Georgia be, and the same is hereby amended, by striking paragraph (a) of Section 6.02 entitled Recorder, as codified, and by inserting in lieu thereof the following: Section 6.02. Recorder . (a) No person shall be qualified or eligible to serve as Recorder unless he or she shall have attained the age of 30 years, shall be a qualified voter in Polk County, and shall have resided therein at least five (5) years immediately preceding his or her appointment. The Recorder shall be appointed preceding his or her appointment. 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. 2. Except as herein modified, the provisions contained in Section 6.02 and Article VI of the Charter of the City of Rockmart, Georgia, as heretofore amended, shall remain in full force and effect as to all particulars contained herein. 3. The effective date of this Ordinance shall be March 9, 1982. 4. If any section or provision or parts thereof, in this Ordinance shall be adjudged invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Ordinance as a whole or of any other section or provision or part hereof or the validity of the Charter of the City of Rockmart, Georgia as a whole or of any other section or provision or part thereof.
Page 4960
5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Rockmart, Georgia, as an addition or amendment thereto and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Adopted, this 9th day of March, 1982. /s/ George H. Scott Mayor, City of Rockmart, Georgia Attest: /s/ Ronald S. Morgan City Manager/City Clerk Certification This is to certify that the within and foregoing is a true and correct copy of the original instruments executed on the date shown, as it purports to be. This 17th day of March, 1982. /s/ C. Stephen Malone, Attorney for The City of Rockmart, Georgia Georgia, Polk County. Before the undersigned officer comes JAMES AUBREY THAXTON who, on oath, states that he is Publisher of THE ROCKMART JOURNAL, and that there has been deposited with said newspaper the cost of publishing therein once a week for three consecutive weeks a notice, a copy of which is attached hereto as Exhibit A. /s/ James Aubrey Thaxton
Page 4961
Sworn to and subscribed before me this 8 day of March, 1982. /s/ Jean Mullinax Notary Public Notice of Proposed Amendment to Charter of the City of Rockmart Notice is hereby given that an Ordinance has been introduced to amend paragraph (a) a Section 6.02 entitled Recorder, as codified, of the Charter of the City of Rockmart, Georgia, by striking the same in its entirety and by inserting in lieu thereof the following: Section 6.02. Recorder (a) No person shall be qualified or eligible to serve as Recorder unless he or she shall have attained the age of 30 years, shall be a qualified voter in Polk County, and shall have resided therein at least five (5) years immediately preceding his or her appointment. 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. A copy of the proposed amendment to the Charter of the City of Rockmart, amending Section 6.02 thereof is on file in the Office of the City Clerk of the City of Rockmart and in the Office of the Clerk of the Superior Court of Polk County, Georgia, for purposes of examination and inspection by the public. This 9th day of February, 1982. /s/ George H. Scott George H. Scott, Mayor City of Rockmart, Georgia Filed in the Office of the Secretary of State March 22, 1982.
Page 4962
CITY OF ROCKMARTWARDS AND WARD RESIDENCY REQUIREMENTS An Ordinance amending the Charter of the City of Rockmart, Georgia, codified as Article V, entitled Elections and Registration of Voters. Whereas, Municipal Charters of municipal corporations in Georgia may be amended by Ordinances duly adopted at two regular consecutive meetings of the municipal governing authority not less than seven days nor more than sixty days apart, pursuant to the provisions of Ga. Code Ann. 69-1017, as amended; and Whereas, the governing authority of a municipal corporation in Georgia is authorized to reapportion the election districts from which members of the municipal governing authority are elected following publication of the 1980 United States decennial census or any future such census pursuant to the provisions of Ga. Code Ann. 69-1019.1, by Ordinance amending the municipality's Charter pursuant to paragraph (1) of subsection (b) of Ga. Code Ann. 69-1017; and Whereas, the governing authority of a municipal corporation in Georgia is authorized to select and fix the polling place within the City by Ordinance pursuant to the provisions of Ga. Code Ann. 34A-604; and Whereas, upon the first reading of this Ordinance by the Mayor and Council of the City of Rockmart, Georgia, held on June 8, 1982, the same was approved and adopted; and Whereas, pursuant to the provisions of Ga. Code Ann. 69-1017, as amended, and Ga. Code Ann. 34A-604, the public was notified of the proposed Ordinance, copies of said notices being attached hereto as Exhibit 1 and Exhibit 2, and made by reference a part hereof; and Whereas, with this Ordinance coming on for final hearing this date as allowed by law, and it appearing that said Ordinance, notice of publication and publisher's affidavit are in order; and
Page 4963
Whereas, it appears that the results of the enactment of said Ordinance would be in the best interest of the City of Rockmart, Georgia, and its inhabitants. Now, therefore, be it resolved and ordained by the Mayor and Council of the City or Rockmart, Georgia, and it is hereby resolved and ordained as follows: The Charter of the City of Rockmart, Georgia, together with amendments thereto, codified as Article V, entitled Elections and Registration of Voters of the Code of Ordinances of the City of Rockmart, Georgia, is hereby amended and modified in the following particulars: Item 1 . Section 5.02 entitled Wards, Ward Residency Requirements shall be amended and modified by striking both the title and provisions contained therein in their entirety and by inserting in lieu thereof the following: Section 5.02. Wards, Ward Residency Requirements . (a) All councilmen shall be elected one (1) from each of the five (5) wards hereinafter defined. Each councilman shall be a resident of the ward for which he/she is elected to represent and shall be elected by the voters within his/her ward. The Mayor shall be a resident of the City and shall be elected by the voters of the entire City. (b) The City of Rockmart, Georgia shall be divided into five (5) wards to be numbered from one (1) to five (5), all as more particularly shown and depicted on the 1980 census map of the City of Rockmart, Georgia, on file in the Office of the City Clerk of Rockmart, Georgia, including more specifically within each ward, the following census blocks of the respectively designated census tracts: (1). Ward One Census tract number 9906: Those parts of census blocks 106 and 115 located within the City of Rockmart, Georgia;
Page 4964
Census blocks 116, 118 through 123, 125 through 129, 131 through 138 and 143 through 148; That part of census block 199 lying within the city limits of Rockmart, Georgia; Census blocks 204 and 206 through 209; That part of census block 248 lying within the city limits of Rockmart, Georgia. Census tract number 9907: Census blocks 119 through 121, 138 through 142, 211 and 237. (2). Ward Two Census tract number 9907: Census blocks 206 through 210, 212 through 217, 230 through 236, 238 through 241, 244 through 250, 301, 307 through 311, 319 through 321, 323 and 325; Those parts of census blocks 322, 324, 326 and 327 located within the city limits of Rockmart, Georgia. (3). Ward Three Census tract number 9906: Census blocks 139 through 142; That part of census block 150 lying within the city limits of Rockmart, Georgia; Census block 201; That part of census block 203 lying within the city limits of Rockmart, Georgia; Census blocks 205, 210 through 234, 239; That part of census blocks 250 and 299 lying within the city limits of Rockmart, Georgia. Census tract number 9907:
Page 4965
Census blocks 302 through 306, 350, 351, 352 and 354. (4). Ward Four Census tract number 9907: Census blocks 114 through 118, 122 through 126, 134 through 137, 143 through 148, 204, 205 and 218; Those parts of census blocks 219, 220 and 227 lying within the city limits of Rockmart, Georgia; Census blocks 229, 242 and 243; That part of census block 104 lying within the city limits of Rockmart, Georgia; That part of census block 105 lying west of First Avenue and within the city limits of Rockmart, Georgia. (5). Ward Five Census tract number 9907: That part of census block 103 lying within the city limits of Rockmart, Georgia; That part of census block 105 lying east of First Avenue and within the city limits of Rockmart, Georgia; Census blocks 106 and 107; That part of census block 110 lying within the city limits of Rockmart, Georgia; Census blocks 127 through 133, 149, 150 and 201 through 203. Item 2 . Section 5.08 entitled Place of Elections shall be amended and modified by striking both the title and provisions contained therein in their entirety and by inserting in lieu thereof the following: Section 5.08. Polling Place . The polling place within the City of Rockmart, Georgia shall be the Rockmart Civic Center.
Page 4966
Item 3. Effective Date . (a) The effective date of this Ordinance shall be July 13, 1982; provided, however, that the provisions contained herein shall not be implemented until the same have been approved by the Attorney General of the United States, Civil Rights Division, Department of Justice, pursuant to Section 5 of the Voting Rights Act of 1965. (b) As of the implementation of this Ordinance, and in defining the previous procedure for staggered terms for election of officials as established in Section 2.03 of the Charter of the City as codified, councilmen for Wards One (1), Three (3) and Four (4) shall be elected to serve two year terms in even numbered years, and councilmen for Wards Two (2) and Five (5) and the Mayor shall be elected to serve two year terms in odd numbered years. The present duly qualified and elected officials shall continue to serve for the remaining unexpired portion of the term of office for which elected. Item 4. Repeal . All provisions of the Charter of the City of Rockmart, Georgia and all Ordinances or parts of Ordinances inconsistent with the terms of this Ordinance are hereby repealed. Item 5. Incorporation into the Code of Ordinances of the City of Rockmart, Georgia . Upon final approval of this Ordinance by the Attorney General of the United States, Civil Rights Division, Department of Justice, pursuant to Section 5 of the Voting Rights Act of 1965, the provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Rockmart, Georgia, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Item 6. Filing with Secretary of State and Clerk of Superior Court . Upon approval by the Attorney General of the United States, Civil Rights Division, Department of Justice, pursuant to Section 5 of the Voting Rights Act of 1965, a copy of this Ordinance along with a copy of the required Notice of Publication and Publisher's Affidavit, shall be filed with the Secretary of State of Georgia and the Office of the Clerk of the Superior Court of Polk County, Georgia.
Page 4967
Adopted as to first reading this 8th day of June, 1982. /s/ George H. Scott, Mayor City of Rockmart, Georgia Attest: /s/ Ronald S. Morgan City Clerk/City Mnager Adopted as to final reading this 13th day of July, 1982. /s/ George H. Scott, Mayor City of Rockmart, Georgia Attest: /s/ Ronald S. Morgan City Clerk/City Manager C. Stephen Malone, Esq. Rockmart City Attorney 3003 East Brookhaven Circle Dalton, Georgia 30720 Dear Mr. Malone: This is in reference to the May 11, 1982, annexation and Ordinance No. 1982-9, providing for the redistricting of the wards, a polling place change and the renumbering of the wards for the City of Rockmart in Polk County, Georgia, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. Your submission was received on August 2, 1982. Although we noted your request for expedited consideration, we have been unable to respond until this time. The Attorney General does not interpose any objections to the changes in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of such
Page 4968
changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.48). Sincerely, Wm. Bradford Reynolds Assistant Attorney General Civil Rights Division /s/ By: Paul F. Hancock Gerald W. Jones Chief, Voting Section Georgia, Polk County. Before the undersigned officer comes JAMES AUBREY THAXTON who, on oath, states that he is the Publisher of THE ROCKMART JOURNAL, and that there has been deposited with said newspaper the cost of publishing therein once a week for three consecutive weeks a notice, a copy of which is attached hereto as Exhibit 1. /s/ James Aubrey Thaxton Sworn to and subscribed before me this 2 day of July, 1982. /s/ Debra Whitener Notary Public 316 Notice of Proposed Amendment to Charter of the City of Rockmart Notice is hereby given that an Ordinance has been introduced to amend Section 5.02 entitled Wards, Ward Residency Requirements and Section 5.08 entitled Place of Elections of Article V entitled Elections and Registrations of Voters, as codified, of the Charter of the City of Rockmart, Georgia, by striking the same in their entirety and by inserting in lieu thereof the following:
Page 4969
Section 5.02. WARDS, WARD RESIDENCY REQUIREMENTS (a) All councilmen shall be elected one (1) from each of the five (5) wards hereinafter defined. Each councilman shall be a resident for which he is elected to represent and shall be elected by the voters within his/her ward. The Mayor shall be a resident of the City and shall be elected by the voters of the entire City. (b) The City of Rockmart, Georgia shall be divided into five (5) wards to be numbered from one (1) to five (5) all as more particularly shown and depicted on the 1980 census map of the City of Rockmart, Georgia, on file in the Office of the City Clerk of Rockmart, Georgia, including more specifically within each ward, the following census blocks of the respectively designated census tracts: (1). WARD ONE Census tract number 9906: Those parts of census blocks 106 and 115 located within the City of Rockmart, Georgia, Census blocks 116, 118 through 123, 125 through 129, 131 through 138 and 143 through 148; That part of census block 199 lying within the city limits of Rockmart, Georgia; Census blocks 204 and 206 through 209; That part of census block 248 lying within the city limits of Rockmart, Georgia EXHIBIT 1 Census tract number 9907: Census blocks 119 through 121, 138 through 142, 211 and 237. (2). WARD TWO Census tract number 9907: Census blocks 206 through 210, 212 through 217, 230 through 236, 238 through 241, 244 through 250, 301, 307 through 311, 319 through 321, 323 and 325; Those parts of census blocks 322, 324, 326 and 327 located within the city limits of Rockmart, Georgia.
Page 4970
(3). WARD THREE Census tract number 9906 Census blocks 139 through 142; That part of census block 150 lying within the city limits of Rockmart, Georgia. Census block 201; That part of census block 203 lying within the city limits of Rockmart, Georgia; Census block 205, 210 through 234, 239; That part of census blocks 250 and 299 lying within the city limits of Rockmart, Georgia. Census tract number 990 Census blocks 302 through 306, 350, 351, 352 and 354. (4). WARD FOUR Census tract number 9907; Census blocks 114 through 118, 122 through 126, 134 through 137, 143 through 148, 204, 205 and 218; Those parts census blocks 219, 220 and 227 lying within the city limits of Rockmart, Georgia; Census blocks 229, 242 and 243; That part of census block???? lying within the city limits of Rockmart, Georgia; That part of census block 105 lying west of First Avenue and within the city limits of Rockmart, Georgia. (5). WARD FIVE Census tract number 9907: That part of census block 103 lying within city limits of Rockmart, Georgia; That part of census block 105 lying east of First Avenue and within the city limits of Rockmart, Georgia; Census block 106 and 107; That part of census block 110 lying within the city limits of Rockmart, Georgia, census blocks??? through 133, 149, 150 and through 203. Section 5.08. Polling Place. Polling Place within the City of Rockmart, Georgia shall be the Rockmart Civic Center. A copy of the proposed amendment to the Charter of the City of Rockmart amending sections 5.02 and 5.08 of article V thereof is on file in the office of the City Clerk of the City of Rockmart, and in the office of the Clerk of the Superior Court of Polk County Georgia, for purposes of examination and inspection by the public. This 8th day of June, 1982 GEORGE H. SCOTT, Mayor City of Rockmart, Georgia
Page 4971
June 16, 23 and 30 Notice of Proposed Amendment to Charter of the City of Rockmart Notice is hereby given that an Ordinance has been introduced to amend Section 5.02 entitled Wards, Ward Residency Requirements and Section 5.08 entitled Place of Elections of Article V entitled Elections and Registrations of Voters, as codified, of the Charter of the City of Rockmart, Georgia, by striking the same in their entirety and by inserting in lieu thereof the following: Section 5.02. Wards, Ward Residency Requirements . (a) All councilmen shall be elected one (1) from each of the five (5) wards hereinafter defined. Each councilman shall be a resident for which he is elected to represent and shall be elected by the voters within his/her ward. The Mayor shall be a resident of the City and shall be elected by the voters of the entire City. (b) The City of Rockmart, Georgia shall be divided into five (5) wards to be numbered from one (1) to five (5), all as more particularly shown and depicted on the 1980 census map of the City of Rockmart, Georgia, on file in the Office of the City Clerk of Rockmart, Georgia, including more specifically within each ward, the following census blocks of the respectively designated census tracts: (1). Ward One Census tract number 9906: Those parts of census blocks 106 and 115 located within the City of Rockmart, Georgia; Census blocks 116, 118 through 123, 125 through 129, 131 through 138 and 143 through 148; That part of census block 199 lying within the city limits of Rockmart, Georgia; Census blocks 204 and 206 through 209; That part of census block 248 lying within the city limits of Rockmart, Georgia.
Page 4972
Census tract number 9907: Census blocks 119 through 121, 138 through 142, 211 and 237. (2). Ward Two Census tract number 9907: Census blocks 206 through 210, 212 through 217, 230 through 236, 238 through 241, 244 through 250, 301, 307 through 311, 319 through 321, 323 and 325; Those parts of census blocks 322, 324, 326 and 327 located within the city limits of Rockmart, Georgia. (3). Ward Three Census tract number 9906: Census blocks 139 through 142; That part of census block 150 lying within the city limits of Rockmart, Georgia; Census block 201; That part of census block 203 lying within the city limits of Rockmart, Georgia; Census blocks 205, 210 through 234, 239; That part of census blocks 250 and 299 lying within the city limits of Rockmart, Georgia. Census tract number 9907: Census blocks 302 through 306, 350, 351, 352 and 354. (4). Ward Four Census tract number 9907: Census blocks 114 through 118, 122 through 126, 134 through 137, 143 through 148, 204, 205 and 218; Those parts of census blocks 219, 220 and 227 lying within the city limits of Rockmart, Georgia; Census blocks 229, 242 and 243; That part of census block 104 lying within the city limits of Rockmart, Georgia; That part of census block 105 lying west of First Avenue and within the city limits of Rockmart, Georgia. (5). Ward Five
Page 4973
Census tract number 9907: That part of census block 103 lying within the city limits of Rockmart, Georgia; That part of census block 105 lying east of First Avenue and within the city limits of Rockmart, Georgia; Census blocks 106 and 107; That part of census block 110 lying within the city limits of Rockmart, Georgia; Census blocks 127 through 133, 149, 150 and 201 through 203. Section 5.08. Polling Place . The polling place within the City of Rockmart, Georgia shall be the Rockmart Civic Center. A copy of the proposed amendment to the Charter of the City of Rockmart, amending Sections 5.02 and 5.08 of Article V thereof is on file in the Office of the City Clerk of the City of Rockmart, and in the Office of the Clerk of the Superior Court of Polk County, Georgia, for purposes of examination and inspection by the public. This 8th day of June, 1982. /s/ George H Scott, Mayor City of Rockmart, Georgia TO BE POSTED: City Hall, Rockmart, Georgia; Office of the Clerk of Superior Court of Polk County, Georgia; Rockmart Civic Center, Rockmart, Georgia; Polk County Annex Building, Rockmart, Georgia; The Rockmart Public Library, Rockmart, Georgia. Georgia, Polk County. Before the undersigned officer comes RONALD S. MORGAN who, on oath, states that he is the City Manager/City Clerk of the City of Rockmart, Georgia, and that there has been posted in a conspicuous place, in City Hall, Rockmart Georgia; Office of the Clerk of Superior Court of Polk County, Cedartown Georgia; Rockmart Civic Center, Rockmart, Georgia; and Polk County
Page 4974
Annex Building, Rockmart, Georgia, a notice, a copy of which is attached hereto, from June 9 through July 13, 1982. /s/ Ronald S. Morgan City Manager/City Clerk Sworn to and subscribed before me this 13th day of July, 1982. /s/ C. Stephen Malone Notary Public My Commission Expires June 2, 1984 Filed in the Office of the Secretary of State October 18, 1982. CITY OF ROSSVILLECOMPENSATION OF ELECTED COUNCILMEN Resolution No. 232 A Resolution by the Mayor and Council of the City of Rossville, Georgia, to Set Compensation for Elected Members of the Council to be Effective January 1, 1985. The Council of the City of Rossville, Georgia, hereby resolves: That the compensation for elected members of the Council, effective January 1, 1985, and thereafter, shall be One Hundred ($100.00) Dollars per month. Passed this 14th Day of December, 1981. /s/ C. B. Sherrill Mayor /s/ Roy F. Hoskins Councilman
Page 4975
/s/ James E. McDaniel Councilman /s/ Bernice S. Phillips Actg. City Clerk, /s/ Sandford E. Leake Councilman /s/ Robert E. Dintsch Councilman I certify this is a true and correct copy. /s/ Bernice S. Phillips Actg. City Clerk Feb. 15, 1982 Affidavit of Publisher Georgia, Walker County. The undersigned, being first duly sworn, states, on oath: (1) That he is now and was at all times referred to in this Affidavit the Publisher of the Walker County Messenger, the legal organ in Walker County, Georgia and in the City of Rossville, Georgia; (2) That the Notice attached hereto is a true copy and was published in the above-named newspaper once per week for three (3) consecutive weeks immediately preceding the week of December 14, 1981, such publication dates being as follows: November 25, 1981; December 2, 1981; and December 9, 1981, and that such publication was made in accordance with the law in such cases made and provided; (3) This Affidavit is made in accordance with the provisions of Ga. Code Ann. 69-1019 and 69-1020. /s/ Buddy Murchison, Publisher Walker County Messenger
Page 4976
Sworn to and subscribed before me this 5th day of February, 1982. /s/ Debbie Shipp Notary Public My Commission Expires: 4/13/82 (Seal) Notice The public is hereby notified that the Mayor and Council of the City of Rossville, Georgia will, at the next meeting of the Council on December 14, 1981 at the Rossville City Hall, consider or reconsider the raising of salaries of City Councilmen to $100 per month on or after January 1, 1983. John W. Davis, Jr. Assistant City Attorney Filed in the Office of the Secretary of State February 19, 1982. CITY OF SAVANNAHPENSION PLAN AMENDMENTS An Ordinance to amend the Charter of the City of Savannah by amending the Pension Plan adopted and approved June 8, 1972, as amended to provide for a delayed retirement date for the Police Chief and the Fire Chief of the City; to provide for the termination of eligibility for survivor benefit payments; to repeal all ordinances in conflict herewith and for other purposes. Be it Ordained by the Mayor and Alderman 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:
Page 4977
Section 1 : By adding to Article VII Section C-2 a new Section: (a) Delayed Retirement Date On and after January 1, 1982, the Police Chief and Fire Chief of the City may remain in the active employ of the City beyond the normal retirement age of sixty (60), but not beyond the age of seventy (70), at the discretion of the City Manager. Credited service shall continue to accrue beyond age sixty (60) provided that total accrued Credited Service shall not exceed forty (40) years. Section 2 : By striking therefrom Paragraph (b) of Article VIIA 4. Survivor's Benefit and inserting in lieu thereof Paragraph 4. (b) as follows: (b) The survivor of a Participant who dies as a result of an accident or illness incurred in the performance of his duties as an employee shall receive a monthly benefit equal to the benefit which the Participant would have received had he retired on an Occupational Disability Pension on the day preceding his death. Similarly, the survivor of a former Participant who was receiving Occupational Disability benefits at the time of his death shall receive a monthly benefit equal to the monthly Occupational Disability benefit said deceased former Participant was receiving as an Occupational Disability Pension. Said monthly survivor benefit shall commence with the first day of the month following the death of the Participant and shall cease with the last monthly payment immediately preceding the earlier of: (a) the remarriage of the surviving spouse; (b) in the event of the death of the surviving spouse, said monthly survivor benefit shall continue until the death, marriage, or the attainment of age 18 of the last surviving minor child, whichever shall first occur; or (c) in the event the Participant is survived by only a minor child or children, then said monthly survivor benefit shall continue
Page 4978
until the death, marriage, or the attainment of age 18 of the last surviving minor child, whichever shall first occur; provided, however, a minimum of sixty (60) payments shall be made to the beneficiary in accordance with Article VII A 2. Section 3 : By striking therefrom Paragraph (b) of Article VII B 4. Survivor's Benefit and inserting in lieu thereof Paragraph 4. (b) as follows: (b) The survivor of a Participant who dies as a result of an accident or illness incurred in the performance of his duties as an employee shall receive a monthly benefit equal to the benefit which the Participant would have received had he retired on an Occupational Disability Pension or the day preceding his death. Similarly, the survivor of a former Participant who was receiving Occupational Disability benefits at the time of his death shall receive a monthly benefit equal to the monthly Occupational Disability benefit said decedent former Participant was receiving as an Occupational Disability Pension. Said monthly survivor benefit shall commence with the first day of the month following the death of the Participant and shall cease with the last monthly payment immediately preceding the earlier of: (a) the remarriage of the surviving spouse; (b) in the event of the death of the surviving spouse, said monthly survivor benefit shall continue until the death, marriage, or the attainment of age 18 of the last surviving minor child, whichever shall first occur; or (c) in the event the Participant is survived by only a minor child or children, then said monthly survivor benefit shall continue until the death, marriage, or the attainment of age 18 of the last surviving minor child, whichever shall first occur; provided, however, a minimum of sixty (60) payments will be made to the beneficiary in accordance with Article VII A 2. Section 4 : All laws in conflict herewith are hereby repealed.
Page 4979
Adopted and approved January 7, 1982. /s/ John P. Rousakis, Mayor Attest: /s/ Sophie S. Gottlieb Clerk of Council I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Aldermen of the City of Savannah, Georgia, do hereby certify this to be a true and exact copy of an ordinance adopted and approved by the Mayor and Aldermen in meeting assembled January 7, 1982, Signed and Sealed January 14, 1982. /s/ Sophie S. Gottlieb Clerk of Council (Seal) State of Georgia Chatham County Personally appeared before me Victoria Gregory to me known, who being by me sworn, deposes and says: That she is the Front Counter Clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press; That said corporation is the publisher of the Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto. That she has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press published on December
Page 4980
17, 1981, December 24, 1981, December 31, 1981, and finds that the following advertisement, to-wit: Legal Notice Notice is hereby given that the Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to Ga. Code 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, to provide for retirement to age 70 for general employees; for delayed retirement for the Police Chief and Fire Chief and the termination of eligibility for survivor benefit payments. The Amendment will be considered at the meeting of Council December 22, 1981, at 2:00 p.m. in Council Chambers at City Hall and further considered for final adoption at the next regular meeting on January 7, 1982. 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 11 day of December, 1981. Sophie S. Gottlieb Clerk of Council Appeared in each of said editions. /s/ Victoria Gregory (Deponent) Sworn to and subscribed before me this 14 day of January, 1982. /s/ Elizabeth A. Borg Notary Public, Chatham County, Georgia My Commission Expires April 7, 1985. Filed in the Office of the Secretary of State January 22, 1982.
Page 4981
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 7, 1983 Joe Frank Harris 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 91, 147 and 225 which were passed by the General Assembly of Georgia at the 1983 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. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsb 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 Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
Page 4982
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 7, 1983 Joe Frank Harris Governor Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 92, 332, 479, and 707 which were passed by the General Assembly of Georgia at the 1983 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. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsb Enclosures cc: Honorable Zell Miller, Leiutenant 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 Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
Page 4983
Veto No. 1H. B. 479 by Representatives Lawson, Wood and Jackson of the 9th House Bill 479 is a charter for the City of Lula, Georgia. This is a local bill and due to technical defects in the legislation, the local delegation has requested that I veto the bill. For this reason, I am vetoing House Bill 479. Veto No. 2H. B. 707 by Representative Groover of the 99th House Bill 707 is an attempt to address a problem legislatively which simply cannot be addressed by action of the General Assembly, absent ratification by the people of this state. The Supreme Court of Georgia has ruled that the assertion of interests adverse to the state by state lawyer-legislators is violative of the fiduciary duty imposed by the people of this state. This fiduciary duty arises out of our state constitution which mandates that public officers are the trustees and servants of the people. No statutory enactment can modify the terms of this constitutional provision. This requires a constitutional amendment. For this reason, House Bill 707 is patently unconstitutional and I must veto it. Veto No. 3H. B. 332 by Representatives Hasty of the 8th; Representative Darden of the 20th; and Representative Snow of the 1st House Bill 332 amends the law establishing, by population bracketed categories, the minimum salary for clerks of the Superior Court in each county. It would raise the minimum salary for such clerks in counties which fell within one particular population bracket. Subsequent to the passage of H. B. 332, Senate Bill 182 passed which raised the minimum salary for clerks of the Superior Court in all population brackets. After speaking with the authors of H. B. 332, I have concluded that S. B. 182 is the preferable vehicle to address the problem which H. B. 332 was intended to address. For this reason, I am vetoing H. B. 332.
Page 4984
Veto No. 4S. B. 225 by Senator Engram of the 34th Senate Bill 225 provides for the release of patients' records by health service providers at the request of the patient. This bill was passed in the House by floor substitute with a floor amendment. The author of this bill objected to the House floor amendment. The House receded from its position with respect to the entire bill, thus leaving the bill in the form it passed the Senate. As a result, critical provisions which were part of the House Committee amendment were left out of the bill. For this reason, the author has requested that I veto this bill. Veto No. 5S. B. 91 by Senator Littlefield of the 6th Senate Bill 91, in addition to containing certain procedural and technical defects, represents a concept which I cannot countenance and the public will not tolerate in this day in time. Procedurally, this bill is constitutionally defective by virtue of being in violation of Article III, Section VII, Paragraph IV of the Georgia Constitution which provides that, No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. Nowhere in the title to this bill is there language which states that a retiree may return to work full-time for compenation with the University System without having his or her retirement benefits reduced or affected. The title, as did the original bill, refers to public officers and employees being authorized to teach evening sports and recreation courses within the University System under certain conditions. From no phrase or word in the title could the General Assembly glean that, by passage of this bill, they would be authorizing double dipping by state retirees. Technically, this bill is in conflict with House Bill 606 which I recently signed into law. House Bill 606 totally revamps the code with respect to conflict of interests laws. The author of Senate Bill 91 had the foresight to have his original bill incorporated into House Bill 606 at the proper place. If signed into law, Senate Bill 91 would amend the definitional section of our new conflict of interests law and would make absolutely no sense due to cross-references to a subsection which no longer exists.
Page 4985
Conceptually, I have serious problems with the floor amendment that was attached to Senate Bill 91 in the wanning days of the session. The floor amendment authorizes any retiree of the state to return to work as a teacher or instructor with the University System, full-time for full compensation, without affecting such person's retirement benefits. The floor amendment is, pure and simple, a retirement bill. It was not introduced during the first ten days of the session. It was not reviewed by either the Senate or House Retirement Committees. It had no fiscal note attached. In short, it did not traverse the ordinary legislative process retirement bills are required to go through. Retired former employees of the state can presently return to the service of the state. As a general rule, however, retirement benefits are either suspended during such service or compensation for such service is reduced so that the retirement benefits plus the compensation received do not exceed the earnable compensation the retiree was receiving at his or her retirement. This is fair. I recently sponsored and signed into law a bill which amended the Teachers' Retirement System to authorize retired teachers to return to the schools as part-time teachers' aides or as substitute teachers. This bill was reviewed by the House and Senate Retirement Committees, had a fiscal note attached and passed both houses. This will allow our school systems to draw on the wisdom and experience of retired teachers for minimal compensation while allowing the retired teacher to continue receiving retirement benefits. This is fair. To permit the type of board scale double dipping that would be authorized by Senate Bill 91, in my opinion, is not fair. Furthermore, the public will not stand for it. It is this type of sweetheart legislation that erodes public confidence in government and makes the jobs of dedicated public servants harder. For these reasons, I must veto Senate Bill 91. Veto No. 6H. B. 92 by Representative Colbert of the 23rd House Bill 92 is an attempt to expand the scope of the crime of interference with government property to include the use of government property for an indecent purpose. The bill also provides
Page 4986
that government property includes state property, county property, municipal property, local school district property or the property of any other political subdivision of this state. Inadvertently, property belonging to the various authorities of the state and local governments was not included. Much of the state's property is deeded in the name of the Georgia Building Authority and other authorities of the state. Due to this error, I must veto House Bill 92. Veto No. 7S. B. 147 by Senator Walker of the 19th; Senator Cobb of the 28th; Senator English of the 21st and others Senate Bill 147 requires state and local governmental agencies to give purchase and contract preference to domestic steel products in public works projects of more than $50,000.00, if the purchase price of the domestic steel is not more than 10 percent above the purchase price of nondomestic steel products. This bill would also allow the Governor to suspend the operation of the law if the preference proved to have a detrimental effect on the economy of this state. I am not unmindful of the problems facing our ailing domestic steel industry and am not unsympathetic with their plight. This nation is currently facing some hard economic times. These hard economic times have probably exacerbated the problems of the domestic steel industry. Many states have established the type of product preferences represented by S. B. 147. In the long run, I believe that these types of policies which create artificial markets will prove detrimental, not only to the economies of the states that have enacted them, but to the domestic steel industry itself. As Governor, I have committed myself to creating jobs for Georgians. This task involves attracting foreign industries and encouraging foreign trade and investment in Georgia. If S. B. 147 were signed into law, it would create a protectionist image for Georgia internationally and invite retaliatory policies by the nations we disfavor. This would seriously impede our efforts to bring new industry to this state and would mean fewer new jobs for Georgians.
Page 4987
I think that wisdom dictates that I veto S. B. 147. Our national economy can ill afford to have the individual states, marching to the tunes of their own drummers, establishing international trade and importing policies. We would be well advised to allow our national government to establish these policies, based on what is best for the nation as a whole.
Page 4988
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 8, 1983 Joe Frank Harris 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 110, 165, 212 and 277 which were passed by the General Assembly of Georgia at the 1983 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. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsb 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 Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
Page 4989
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 8, 1983 Joe Frank Harris Governor Honorable Speaker Murphy Speaker, House of Representatives President of the Senate State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bill 103 which were passed by the General Assembly of Georgia at the 1983 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. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsb 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 Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
Page 4990
Veto No. 8S. B. 165 by Senator Kidd of the 25th Senate Bill 165 contains many provisions finetuning and updating our elections code with respect to voter registration and absentee voting. In addition to these provisions, Section 22 of the bill authorizes public utility corporations to establish and administer a political action committee in order to receive and solicit contributions to be used for the purpose of influencing the outcome of elections for public office. In this same section, there is a prohibition against a public utility corporation making any contribution to a political campaign. Thus, this bill would allow a public utility corporation to do indirectly, by political action committee, that which it cannot do directly. For the following reasons, I must veto Senate Bill 165. Unlike private corporations, public utility corporations enjoy a protected status in Georgia. In return for the State granting public utility corporations monopolistic powers, the public utility corporations agree to be regulated by the State. It is the responsibility of the State to insure that the power granted to regulated public monopolies not be abused. The relationship between the regulator and the regulated is a complex one. The legislative process is the arena in which this relationship is defined. By its very nature, the legislative process is a political one. By influencing the political process, the legislative process is necessarily influenced. I have a fundamental problem with allowing a public utility corporation to inject itself into the political process, directly or indirectly. I can think of no greater potential for abuse than to allow the regulated to hold sway over those who shape the regulatory environment. Even the appearance of impropriety should not be allowed to taint those upon whom quasi-public authority has been conferred. I have no problem with any individual employee, officer or director employed by any public utility corporation making any type of contribution on his or her own behalf to any political campaign. This is their individual right to express their opinion on matters of concern.
Page 4991
Veto No. 9S. B. 110 by Senator Brown of the 47th; Senator Kidd of the 25th and Senator Hill of the 29th Senate Bill 110 amends the Legislative Retirement System so as to increase the retirement benefits, upon retirement, of members of that System. Presently, benefits upon retirement are calculated by multiplying the number of years of creditable service by sixteen dollars. Senate Bill 110 would increase that multiplier to twenty dollars. I do not oppose reasonable increases in the Legislative Retirement System, or any other retirement system, when funds are available and when all systems are treated with relative sameness. I can think of no issue which has captured as much media and public attention during the first two months of my administration as the retirement benefits of public officials. I do not intend to foster or promote the growing public perception that public officials are using the State Retirement System to feather their own nests. This perception is not conducive to public confidence in their public officials and their government, and it simply cannot be perpetuated. Under the present economic conditions, where increases are unable to be granted for other state retirement systems, I believe it would be improper to single out this system for an increase at this time. For this reason I must veto Senate Bill 110. Veto No. 10S. B. 277 by Senator Gillis of the 20th; Senator Kennedy of the 4th and Senator Walker of the 19th Senate Bill 277 requires state and local governmental agencies to give purchase and contract preference to Georgia manufactured lumber products in public works projects of more than $50,000.00. Unlike Senate Bill 147, such preference is not required if the purchase price of Georgia manufactured lumber products is higher than the purchase price of other domestic or foreign made lumber products. Like Senate Bill 147, however, Senate Bill 277 is in response to these difficult economic times in attempting to create an artificial market for Georgia manufactured lumber products.
Page 4992
Presently, Georgia law expresses a preference, as far as may be reasonable and practical, for the purchase of materials, supplies and equipment which have been manufactured or produced in this state. This preference has been in existence since 1933. To legislatively reiterate this preference and, in addition, impose substantial administrative burdens regarding the determination of product origin on our state and local governmental agencies, at this time is not appropriate. For this reason, I must veto Senate Bill 277. Veto No. 11S. B. 212 by Senator Garner of the 30th and Senator Barnes of the 33rd Senate Bill 212 repeals that Code Section in the law which defines naturopathy. This Code Section was left over from a 1950 Act of the General Assembly which created the Board of Naturopathic Examiners. The provisions of the 1950 Act creating the Board were repealed in 1956; however, the aforestated Code Section was left in the law in order to define naturopathy for those persons who had been licensed by the Board prior to 1956. In 1981, the Attorney General ruled that this Code Section did not allow persons to practice naturopathic medicine in the State of Georgia unless they had been previously licensed by the original Board. This ruling is presently the subject of litigation. It was obviously the intent of the 1983 General Assembly to abolish the last vestige of the 1950 Act. Although I do not endorse or condemn naturopathy, I feel that it is premature to abolish this Code Section which is now in litigation. I think it only fair, to leave the legal issues, now in litigation, exactly as they were when the appeal was perfected from the district court ruling. For this reason, I must veto Senate Bill 212. In taking this action, I am not in any way trying to take the side or justify the position that this Code Section allows unlicensed individuals to practice medicine or naturopathy in this state. I simply feel that in all fairness, we should allow the judicial process to run its course.
Page 4993
Veto No. 12H. B. 103 by Representative Padgett of the 86th and Representative Groover of the 99th Houe Bill 103 amends the law relative to the reporting of child abuse so as to make it a misdemeanor for the news media to make public the name of any child who is reported to have been abused. Under present law, when it is discovered that a child under the age of 18 has been abused, it is the responsibility of the person who discovers such fact to report it to a child welfare agency, or in the absence of such agency, to an appropriate police authority or district attorney. The United States Supreme Court has ruled that the state cannot restrict access to public records by the press. Reports made to child welfare agencies reporting child abuse are made confidential by law, thus such reports containing the names of children reported to be abused are not in the public domain and are properly excludable from public consumption. However, once the child abuse case has been turned over to the District Attorney for prosecution and the name of the child is contained in the indictment or other public record, the name of that child is in the public domain and the press cannot constitutionally be threatened with criminal sanctions for publishing it. I am in complete agreement with the intent of the author of this bill. It is important that we protect the youthful victims of crime and abuse to the greatest extent legally possible and that we not further traumatize these child-victims. I am aware, however, that there are certain constitutional limitations imposed on the state when attempting to limit access to public records by the press. Thus while the intent of this bill is admirable, the effect, I fear, is constitutionally impermissible. For this reason, I must veto House Bill 103.
Page 4994
COUNTIES AND SUPERIOR COURT CIRCUITS
Page 4995
APPELLATE COURTS SUPREME COURT OF GEORGIA As of January 17, 1983 HAROLD N. HILL, JR. Chief Justice THOMAS O. MARSHALL Presiding Justice HAROLD G. CLARKE Associate Justice GEORGE T. SMITH Associate Justice HARDY GREGORY, JR. Associate Justice CHARLES L. WELTNER Associate Justice RICHARD BELL Associate Justice JOLINE BATEMAN WILLIAMS Clerk HAZEL E. HALFORD Deputy Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter COURT OF APPEALS OF GEORGIA As of January 17, 1983 ARNOLD SHULMAN Chief Judge BRASWELL D. DEEN, JR. Presiding Judge WILLIAM LeROY McMURRAY, JR. Presiding Judge J. KELLEY QUILLIAN Presiding Judge HAROLD R. BANKE Judge ANDREW W. BRIDSONG, 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
Page 4996
SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS AND CALENDAR As of January 17, 1983 ALAPAHA CIRCUIT. HONS. W.D. KNIGHT, Chief Judge, Berrien County Courthouse BROOKS E. BLITCH, Judge, Clinch County Courthouse LEW S. BARROW, D.A., Berrien 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 LanierSecond Monday in January and September ALCOVY CIRCUIT. HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse GREELEY ELLIS, Judge, Newton County Courthouse JOHN T. STRAUSS, 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 PHILLIPS McKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD, JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, CLARENCE COOPER, PHILIP F. ETHERIDGE, 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 EMORY FINDLEY, Judge, Tattnall County Courthouse DAVID L. CAVENDER, Judge, Liberty County Courthouse DUPONT KIRK 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 October 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
Page 4997
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 NEVILLE, 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. BLENN 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, RUFE E. McCOMBS, 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 TaylorSecond Monday in February, June and October
Page 4998
CHEROKEE CIRCUIT. HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse TOM 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, June and December; second Monday in September CLAYTON CIRCUIT. HONS. JOE C. CRUMBLEY, Chief Judge, Clayton County Courthouse WILLIAM H. BILL ISON, STEPHEN E. BOSWELL, 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 L. WHITE, GRANT BRANTLEY, DOROTHY A. ROBINSON, HARRIS HINES, 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 WILLIAM T. BOYETT, Judge, Whitfield 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; third and fourth Monday in 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.
Page 4999
COWETA CIRCUIT. HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse DEWEY SMITH, Judge, Carroll County Courthouse WILLIAM LEE, Judge, Coweta 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 DOUGLAS CIRCUIT. HONS. ROBERT J. NOLAND, Chief Judge, Post 1, Douglas County Courthouse ROBERT J. BOB JAMES, Judge, Post 2, Douglas County Courthouse FRANK C. WINN, D.A., Douglas County Courthouse DouglasThird Monday in January and April, third Monday in July and October DUBLIN CIRCUIT. HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse DUBIGNION (DUB) 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
Page 5000
FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse WILLIAM H. (HAL) CRAIG, 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 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, K. DAWSON JACKSON, 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 THERON 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 ChattoogaFirst Monday in February and August DadeFirst Monday in April, second Monday in October WalkerFirst Monday in May and November
Page 5001
MACON CIRCUIT. HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse WALKER P. JOHNSON, JR., THOMAS DAY WILCOX, JR., Judges, Bibb County Courthouse BRYANT CULPEPPER, Judge, Peach County Courthouse WILLIS B. SPARKS, III, 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 MIDDLE CIRCUIT. HONS. WALTER C. McMILLAN, JR., Chief Judge, Washington County Courthouse MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse RICHARD A. MALONE, 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, Presiding Judge, Habersham County Courthouse ROBERT B. STRUBLE, Judge, Stephens 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. R. (DICK) KENYON, Chief Judge, Hall County Courthouse JAMES E. PALMOUR, III, Judge, Hall County Courthouse BRUCE UDOLF, 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
Page 5002
NORTHERN CIRCUIT. HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse GEORGE H. BRYANT, Judge, Hart County Courthouse LINDSAY A. TISE, JR., D.A., Hart County Courthouse ElbertThird Monday in January and fourth Monday in July HartThird Monday in February and August FranklinThird Monday in March and September MadisonThird Monday in April and October OglethorpeThird Monday in May and November OCMULGEE CIRCUIT. HONS. JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse HUGH P. THOMPSON, Judge, Putnam County Courthouse WILLIAM A. PRIOR, JR., Judge, Morgan 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 and October OCONEE CIRCUIT. HONS. ROGER HUGH LAWSON, 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. WM. 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
Page 5003
PATAULA CIRCUIT. HONS. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse LOWREY S. STONE, Judge, Early 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 PIEDMONT CIRCUIT. HONS. JAMES L. JIM BROOKS, Judge, Jackson County Courthouse TIMOTHY GRANT, D.A., Madison, Barrow 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 ROCKDALE CIRCUIT. HONS. CLARENCE VAUGHN, Judge, Rockdale County Courthouse ROBERT F. MUNFORD, D.A., Rockdale County Courthouse RockdaleFirst Monday in January, April, July and October 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 FloydSecond Monday in January, March, July and September; first Monday in May and November SOUTH GEORGIA CIRCUIT. HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse WILLARD H. CHASON, Judge, Grady County Courthouse J. BROWN MOSELEY, D.A., Decatur County Courthouse BakerThird Monday in January and July CalhounLast Monday in May and November DecaturFirst Monday in February, May, August and November GradyThird Monday in March and September MitchellSecond Monday in January and July; third Monday in April and October
Page 5004
SOUTHERN CIRCUIT. HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse W. G. (GUS) ELLIOTT, Judge, Lowndes County Courthouse ROY MILLER 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 SOUTHWESTERN CIRCUIT. HONS. WILLIAM F. BLANKS, Presiding Judge, Sumter County Courthouse THAD GIBSON, Judge, Sumter 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; Monday following the fourth Thursday in November WebsterFourth Monday in January and July STONE MOUNTAIN CIRCUIT. HONS. CLARENCE LEE PEELER, JR., Chief Judge, DeKalb County Courthouse CURTIS V. TILLMAN, CLYDE HENLEY, KEEGAN FEDERAL, HILTON FULLER, JAMES H. WEEKS, DAN COURSEY, Judges, DeKalb County Courthouse BOB WILSON, D.A., DeKalb County Courthouse DeKalbFirst Monday in January, March, May, July, September and November TALLAPOOSA CIRCUIT. HONS. DAN P. WINN, Chief Judge, Polk County Courthouse ARTHUR W. FUDGER, Judge, Paulding County Courthouse W. A. (BILL) FOSTER, III, D.A., Paulding County Courthouse 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
Page 5005
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 TOOMBS CIRCUIT. HONS. ROBERT L. STEVENS, Chief Judge, McDuffie County Courthouse E. PURNELL DAVIS, Judge, Warren 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. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse CLARENCE D. BLOUNT, JOSEPH B. NEWTON, Judges, Ware County Courthouse DONNIE DIXON, 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., Clarke County Courthouse ClarkeSecond Monday in January, April, July and October OconeeSecond Monday in March and September
Page 5006
INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Vacancy Declared in Office When Elected Official Qualifies for Different Office 972 OFFICIAL CODE OF GEORGIA ANNOTATED Code Revision Amendment Generally 3 Code Section 1-3-11; enacted 685 Code Title 2, Chapter 9; amended 831 Code Title 3, Chapters 3 and 4; amended 806 Code Title 3, Chapter 5; amended 1214 Code Title 3, Chapter 6; amended 1116 Code Section 3-8-1; amended 759 Code Title 4, Chapter 6; amended 1161 Code Section 5-5-42; amended 702 Code Section 6-3-21; amended 647 Code Title 7, Chapter 1; amended 602 , 661 Code Section 7-1-4; amended 493 Code Section 7-1-37; amended 532 Code Section 7-3-9; amended 479 Code Title 7, Chapter 4; amended 1146 Code Section 7-4-21; enacted 1316 Code Section 8-2-135; amended 456 Code Title 8, Chapter 3; amended 1228 Code Section 9-10-91; amended 1304 Code Title 10, Chapter 1; amended 1470 Code Section 10-1-7; amended 1430 Code Section 10-1-310; amended 1468 Code Section 10-1-393; amended 1298 Code Section 10-1-395; amended 743 Code Title 10, Chapter 1, Article 22; enacted 1548 Code Title 10, Chapter 4; amended 946 Code Section 10-5-3; amended 781 Code Section 11-3-603; amended 509 Code Title 12, Chapter 3; amended 623 Code Section 12-3-73; amended 460 Code Section 12-3-235; amended 643 , 1213 Code Section 12-4-20; amended 514 Code Title 12, Chapter 5; amended 1059 Code Section 12-5-134; amended 478 Code Section 13-10-20; amended 475 Code Title 14, Chapters 2 and 3; amended 1479 Code Section 14-2-141; amended 1299 Code Section 14-4-21; amended 506 Code Title 15, Chapter 1; amended 961 Code Title 15, Chapter 2; amended 956 Code Section 15-5-40; enacted 531 Code Title 15, Chapter 6; amended 761 Code Section 15-6-3; amended 405 , 415 , 418 Code Section 15-6-50; amended 1306
Page 5007
Code Section 15-6-77; amended 1210 Code Section 15-6-86; amended 653 Code Section 15-6-88; amended 578 Code Section 15-6-88.1; enacted 581 Code Title 15, Chapter 7; amended 1419 Code Title 15, Chapter 9; amended 482 , 544 Code Section 15-9-60; amended 404 , 867 Code Section 15-11-16; amended 829 Code Section 15-11-35; amended 539 Code Section 15-11-49; amended 1000 Code Section 15-18-14; amended 622 Code Sections 15-21-70 through 15-21-77; enacted 1094 Code Section 16-6-5.1; enacted 721 Code Section 16-8-14; amended 457 Code Title 16, Chapter 9; amended 485 Code Section 16-9-20; amended 484 , 1189 Code Section 16-9-58; enacted 485 Code Section 16-10-6; amended 1326 Code Section 16-10-52; amended 645 Code Section 16-11-105; amended 448 Code Section 16-11-107; enacted 528 Code Section 16-11-129; amended 1431 Code Section 16-11-131; amended 945 Code Title 16, Chapter 12; amended 1437 Code Title 16, Chapter 13; amended 349 Code Section 16-13-31; amended 620 Code Section 16-13-49; amended 469 Code Title 17, Chapter 6; amended 452 , 1203 Code Section 17-6-1; amended 358 Code Title 17, Chapter 7; amended 452 Code Section 17-7-110; amended 503 Code Section 17-8-26; amended 675 Code Title 17, Chapter 10, amended 665 Code Title 17, Chapter 11; amended 395 Code Title 17, Chapter 13; amended 649 Code Section 18-4-22; amended 683 Code Section 18-4-62; amended 454 Code Section 19-3-8; amended 1309 Code Section 19-9-1; amended 632 Code Title 19, Chapter 11; amended 1816 Code Title 19, Chapter 13; amended 521 Code Title 20, Chapter 2; amended 823 Code Section 20-2-3; amended 495 Code Section 20-2-151.1; enacted 1429 Code Section 20-2-187; amended 1218 Code Section 20-2-250; amended 804 Code Section 20-2-285.1; enacted 745 Code Section 20-2-772; enacted 1547 Code Title 20, Chapter 3; amended 778 , 951 , 1820 Code Title 20, Chapter 3, Part 5; amended 496 Code Section 20-3-23; amended 495
Page 5008
Code Section 20-3-31.1; enacted 496 Code Section 20-3-81; repealed 1468 Code Section 21-1-1; amended 471 Code Title 21, Chapter 2; amended 786 , 1190 Code Section 21-2-501; amended 827 Code Title 21, Chapters 2 and 3; amended 535 , 930 , 964 Code Title 21, Chapter 3; amended 786 Code Section 21-3-10; amended 402 Code Section 21-3-406; amended 686 Code Title 24, Chapter 1; amended 852 Code Section 24-7-9; amended 525 Code Title 24, Chapter 9; amended 852 Code Section 25-2-16; amended 476 Code Title 26, Chapter 2; amended 737 Code Title 26, Chapter 4; amended 1441 Code Section 26-4-72; amended 790 Code Section 26-4-130 through 26-4-138; enacted 790 Code Title 27, Chapter 2; amended 837 Code Section 27-2-4; amended 664 Code Section 27-2-23; amended 467 Code Section 27-4-138; amended 490 Code Section 28-1-4; amended 936 Code Section 28-1-6; amended 689 Code Section 28-1-6.1; enacted 681 Code Section 28-1-11; amended 688 Code Section 28-1-14; enacted 646 , 1205 Code Section 28-2-1; amended 1123 Code Section 28-3-1; amended 385 Code Section 28-3-20; amended 494 Code Section 28-4-1; amended 722 Code Section 29-4-2; amended 669 Code Section 29-4-4.1; enacted 692 Code Title 31, Chapters 6 and 7; amended 1566 Code Title 31, Chapter 7; amended 1317 , 1323 Code Title 31, Chapter 7, Article 8; enacted 1317 , 1426 Code Section 31-7-3; amended 783 Code Section 31-7-8; amended 882 Code Section 31-7-11; enacted 1307 Code Title 31, Chapter 10; amended 732 Code Section 31-11-59; amended 694 Code Title 31, Chapter 31; enacted 941 Code Section 32-2-40; amended 400 Code Title 32, Chapter 6; amended 1798 Code Section 32-10-67; amended 635 Code Section 33-3-25; amended 473 Code Section 33-3-27; amended 882 Code Section 33-6-5; amended 699 Code Section 33-7-6; amended 864 Code Section 33-7-11; amended 938 Code Title 33, Chapter 8; amended 729 , 1595 Code Title 33, Chapter 9; amended 629
Page 5009
Code Section 33-24-50; amended 695 Code Section 33-25-3.1; enacted 616 Code Section 33-27-1; amended 464 Code Section 33-34-14; enacted 726 Code Title 33, Chapter 35; amended 748 Code Section 34-7-4; amended 659 Code Title 34, Chapter 8; amended 1153 Code Section 34-8-153; amended 1592 Code Section 34-9-2; amended 700 Code Section 34-9-81.1; enacted 700 Code Section 34-9-265; amended 700 Code Sections 35-3-60 through 35-3-65; enacted 393 Code Title 35, Chapter 6A; amended 518 Code Section 36-6-1; amended 1212 Code Section 36-9-5; amended 653 Code Section 36-32-6; enacted 825 Code Section 36-35-2; amended 545 Code Section 36-35-6; amended 468 Code Title 36, Chapter 42; amended 1346 Code Section 36-62-5; amended 1346 Code Section 36-62A-1; amended 1346 Code Title 36, Chapter 63; amended 515 Code Title 36, Chapter 82; amended 839 Code Section 36-83-3; amended 455 Code Section 37-8-53; amended 684 Code Title 38, Chapter 4; amended 1401 Code Section 40-1-1; amended 633 Code Section 40-2-29.1; enacted 1466 Code Section 40-2-42; enacted 676 Code Section 40-2-90; amended 638 Code Title 40, Chapter 5; amended 487 , 745 , 819 , 1000 Code Section 40-5-21.1; amended 638 Code Section 40-5-103; amended 461 Code Title 40, Chapter 6; amended 1000 Code Section 40-6-395; amended 836 Code Section 40-8-73.1; enacted 1300 Code Section 40-8-76; amended 1464 Code Section 40-8-92; amended 447 Code Section 40-8-114; amended 633 Code Sections 40-8-280 through 40-8-291; repealed 691 Code Title 40, Chapter 9; amended 487 , 938 Code Section 40-12-2; amended 1474 Code Title 40, Chapter 13; amended 1000 Code Title 42, Chapter 2; amended 507 Code Title 42, Chapters 4 and 5; amended 1340 Code Title 42, Chapter 5; amended 1806 Code Section 42-5-36; amended 672 Code Section 42-5-35; amended 680 Code Title 42, Chapter 8; amended 1593 Code Section 42-8-29.1; enacted 697 Code Section 42-8-43.1; amended 421
Page 5010
Code Title 42, Chapter 9; amended 500 Code Section 42-9-39; amended 523 Code Section 42-10-4; amended 1795 Code Section 43-1-15; amended 1474 Code Title 43, Chapter 3; amended 559 Code Section 43-4-11; amended 734 Code Title 43, Chapter 5; amended 444 Code Title 43, Chapter 10; amended 1219 Code Title 43, Chapter 11; amended 1389 Code Title 43, Chapter 12; amended 1401 Code Section 43-12-2; amended 667 Code Section 43-13-6.1; enacted 745 Code Title 43, Chapter 14; re-enacted 424 Code Title 43, Chapter 26; amended 465 Code Section 43-34-27; amended 881 Code Section 43-34-33; amended 720 Code Section 43-34-37; amended 670 Code Section 43-35-7; amended 796 Code Section 43-38-11.1; enacted 489 Code Title 43, Chapter 40; amended 1411 Code Section 43-41-20; amended 679 Code Title 43, Chapter 45; amended 739 Code Title 43, Chapter 47; amended 550 Code Title 43, Chapter 48; amended 710 Code Title 43, Chapter 50; amended 705 Code Section 44-1-6; amended 471 Code Title 44, Chapter 3; amended 1508 Code Title 44, Chapter 3, Article 5; enacted 1255 Code Section 44-6-166.1; enacted 1182 Code Section 44-6-167; amended 1182 Code Section 44-7-54; amended 513 Code Title 44, Chapter 13; amended 1170 Code Title 44, Chapter 14; amended 1450 Code Section 44-14-3; amended 677 Code Section 44-14-230; amended 724 Code Section 44-14-470; amended 548 Code Title 45, Chapter 5A; enacted 1207 Code Section 45-7-4; amended 719 , 1401 , 1831 Code Title 45, Chapter 9; amended 651 Code Section 45-9-81; amended 1303 , 1469 Code Title 45, Chapter 10; amended 1326 Code Section 45-10-42; enacted 719 Code Title 45, Chapter 12; amended 1539 Code Section 45-12-93; amended 1815 Code Section 45-13-26; amended 1474 Code Section 45-16-25.1; enacted 728 Code Title 45, Chapter 19; amended 1097 Code Section 45-20-2; amended 459 Code Section 46-1-1; amended 735 Code Section 46-3-502; amended 1474 Code Title 46, Chapter 5; amended 859
Page 5011
Code Title 46, Chapter 7; amended 529 , 735 Code Section 46-7-13; amended 462 Code Section 46-7-17; amended 1474 Code Section 46-7-62; amended 1474 Code Title 46, Chapter 8; amended 445 Code Title 46, Chapter 10; amended 834 Code Title 47, Chapter 2; amended 1856 Code Section 47-2-1; amended 1859 Code Section 47-2-26; amended 637 Code Section 47-2-292; amended 655 Code Section 47-2-296; enacted 1809 Code Section 47-2-310; amended 784 Code Section 47-3-1; amended 1859 Code Section 47-3-60; amended 1859 Code Section 47-3-127; amended 949 Code Section 47-4-101; amended 1859 Code Title 47, Chapter 6; amended 1856 Code Section 47-6-70.1; enacted 1856 Code Title 47, Chapter 7; amended 1310 Code Title 47, Chapter 12; amended 1805 Code Title 47, Chapter 14; amended 555 Code Title 47, Chapter 16; amended 1185 Code Title 47, Chapter 20; enacted 1368 Code Title 48; amended 1834 Code Title 48, Chapter 2; amended 526 Code Section 48-4-42; amended 822 Code Title 48, Chapter 5; amended 576 , 716 , 1849 , 1850 Code Section 48-5-7.1; enacted 1850 Code Section 48-5-149; amended 752 Code Section 48-5-161; amended 575 Code Section 48-5-311; amended 1158 Code Section 48-5-405; amended 414 Code Title 48, Chapter 6; amended 1350 Code Section 48-6-4; amended 725 Code Title 48, Chapter 7; amended 1350 Code Sections 48-8-89.1 and 48-8-89.2; enacted 1461 Code Section 48-13-51; amended 639 Code Section 49-5-10; amended 538 , 539 Code Section 50-5-15; enacted 673 Code Section 50-5-69; amended 520 Code Section 50-5-78; amended Code Title 50, Chapter 7; amended 504 Code Section 50-7-15; enacted 499 Code Title 50, Chapter 10; amended 1026 Code Title 50, Chapter 17; amended 839 , 1024 Code Section 50-20-3; amended 641 Code Section 53-3-14; amended 511 Code Section 53-13-121; amended 1474 Code Section 53-16-5; amended 1474
Page 5012
COURTS SUPREME COURT Terms Divisions, Procedure, Records, Minutes, etc 956 SUPERIOR COURTS Alapaha Judicial Circuit; Terms of Court 418 Appalachian Judicial Circuit; created 761 Barrow County; supplementary compensation for judge 3945 Bulloch Court; compensation of deputy clerks and other personnel 3822 Carroll County; clerk's compensation 4170 Chattahoochee County; clerk-method of compensating changed 4031 Clay County; clerk-method of compensating arranged 4167 Clerks; minimum annual salary, determination of population in certain counties 581 Clerks; minimum annual salary, fixed by county population 578 Clerk's Retirement Fund; charges for filing civil cases - benefits, etc. 555 Clerks; training required 1306 Cobb County; salary supplement of judges 4125 Cobb County; clerk and deputy clerk-compensation changed 4622 Cobb County; compensation of certain officials and employees 4698 Douglas Judicial Circuit; judges' supplement by douglas county 412 Filing Fees 1210 Flint Judicial Circuit; district attorney-investigator provided 407 Floyd County; clerk's compensation 3896 Griffin Judicial Circuit; district attorneys, county supplements 386 Gwinnett County; clerk's compensation 4034 Heard County; compensation of clerk 3978 Henry County; clerk's compensation changed 4518 Judges; salary supplements, certain counties (38,000-39,000) 403 Ocmulgee Judicial Circuit; terms of court 415 Ocmulgee Judicial Circuit; grand juries 419 Rabun County; clerk's compensation 4155 Richmond County; compensation of clerk 4173 Richmond County; compensation of district attorney 4173 Richmond County; compensation of judge 4173 Southern Judicial Circuit; supplement to compensation of judge 753 Stone Mountain Judicial Circuit; judges' salary supplements 775 Sumter County; clerk-minimum compensation 4079 Tallapoosa Circuit-terms 405 Toombs Circuit; Lincoln County grand jury, terms 774 Walker County; clerk-maximum compensation of personnel 3724 Wayne County; clerk's compensation 3933 JUVENILE COURTS Cobb County; compensation of judge 3887 PROBATE COURTS Baldwin County; compensation of judge 4085
Page 5013
Brooks County; judge-method of compensating changed 4266 Bulloch County; compensation of clerk 3820 Burke County; judge-manner of compensating changed 3904 Carroll County; compensation of judge 3892 Chattahoochee County; jurisdiction 3649 Clay County; judge-method of compensating changed-disposition of fees, costs, etc. 4231 Clayton County; compensation of judge changed 3626 Cobb County; clerk's compensation 4122 Cobb County; judge's compensation 4127 Costs in Certain Counties (38,000-38,200) 404 Early County; manner of compensating judge, disposition of fees, etc. 3927 Fulton County; judge-non partisan election 4063 Glynn County; personnel of office of judge, deputies-annual salaries 3825 Gwinnett County; judge's compensation 4034 Haralson County; compensation of judge 3734 Hart County; compensation of judge 3755 Heard County; judge's compensation 3971 Henry County; judge-compensation changed 4518 Jefferson County; method of compensation of judge changed 3809 Jones County; method of compensating judge 4051 Judges; minimum salary schedule changed, code title 15, chapter 9; amended 482 Judges; proceedings when disqualified to act 544 Judges; succession by chief deputy clerk in certain counties (550,000 or more) 544 Lawrence County; compensation of judge 3781 Liberty County; method of compensating judge changed-employment of clerk authorized-compensation 4157 Newton County; county ordinances-procedure in prosecution for violations 4350 Richmond County; judge's compensation 4173 Schedule of Costs Changed 867 Sumter County; judge-minimum compensation 4079 Tattnall County; judge-method of compensating changed 4270 Towns County; judge-mode of compensating changed, etc. 4620 Walker County; maximum compensation of personnel 3721 STATE COURTS Bibb County; warrant officer provided 4220 Candler County; governing authority authorized to fix salaries of judge and solicitor 4178 Carroll County; judge and solicitor-compensation 4346 Chattooga County; created-practice and procedure, etc.-referendum 4570 Cherokee County; judge and solicitor-salaries and supplements 4278 Clayton County; solicitor-compensation 3873 Clayton County; judge-compensation 4217 Cobb County; clerk and deputy clerk-compensation 3889 Cobb County; jurisdictions, dead docket, compensation of judges and solicitor 4223 Decatur County; judge and solicitor-compensation-terms of court 4145 DeKalb County; assistant solicitor's residency requirements deleted 3709 DeKalb County; clerk's duties re docketing documents 3726 DeKalb County; terms of court 4322
Page 5014
Dougherty County; costs, fees, procedures, court officials, compensation of judge, etc. 4238 Early County; compensation of judge and solicitor 4205 Forsyth County; judge and solicitor-salaries and supplements 4278 Fulton County; subsidy to be paid for publishing court calendar 4053 Fulton County; terms of court, etc. 4501 Gwinnett County; additional judge-election, powers, duties, etc. 4213 Jurisdiction; qualifications and compensation of judges; uniformity 1419 Liberty County; compensation of judge and solicitor 3899 Richmond County; judge's and solicitor's compensation 4173 Screven County; compensation of judge and solicitor 3923 Wayne County; judge and solicitor-compensation 3931 SMALL CLAIMS COURTS Dougherty County; court to continue as magistrates court act creating amended 4234 Early County; manner of compensating judge 3925 Newton County; fee 3750 Pickens County; established 3524 Tenell County; costs 3711 Thomas County; election of judge 3902 Wilcox County; established 3984 Worth County; jurisdictional amount-tenure of judge-fees and costs 3960 MAGISTRATES COURTS Baldwin County; constitutional requirements implemented 4027 Cobb County; election of magistrates-compensation 4376 Dougherty County; court created 4234 Douglas County; vacancies-how filled 4367 Fayette County; created 4707 Fulton County; magistrates-how appointed 4373 Hancock County; constitutional requirements implemented 4006 Jones County; appointment and compensation of judge 4081 Rockdale County; practice, procedure, jurisdiction, etc. 3651 State-wide System Created-justice courts abolished, etc. 884 MUNICIPAL-RECORDERS AND POLICE COURTS Aragon, City of; city court-punishment authority 3802 Authorized to try and dispose of certain criminal cases 825 Cedartown, City of; authority to impose punishment 3771 Flowery Branch; mayor's court-maximum fines 3693 Fort Valley; powers 3686 Gainesville, City of; jurisdiction 3688 Oakwood, City of; recorders court-maximum fines 3691 Oconee, Town of; authority of recorder's court to punish 3783 Winterville, City of; police court-punishment authority 3707
Page 5015
COUNTIES AND COUNTY MATTERS NAMED COUNTIES Atkinson County; board of commissioners, compensation, election of chairman, etc., referendum 4115 Bacon County; board of commissioners, act creating amended, commissioner districts, etc. 4538 Baldwin County; board of education, member's compensation 3878 Baldwin County; magistrates court, constitutional requirements implemented 4027 Baldwin County; probate judge, compensation 4085 Barrow County; board of commissioners, authority to assess and collect license fees and taxes 3943 Barrow County; superior court, supplementary compensation for judge 3945 Ben Hill County; tax commissioner, compensation 3768 Bibb County; authorized to dispose of certain property 3621 Bibb County; bibb county, city of macon intergovern, mental relations study commission authorized 4263 Bibb County; board of public education and orphanage, composition of education districts changed, referendum 4251 Bibb County; Macon-Bibb county water and sewerage authority act, amended 3509 Bibb County; employees pension plan, amended 3967 Bibb County; state court, warrant officer provided 4220 Brooks County; probate court-method of compensating judge changed 4266 Brooks County; special fire protection districts authorized 3695 Bulloch County; board of commissioners, clerical assistants, compensation 3731 Bulloch County; board of commissioners, compensation of chairman and members changed 3728 Bulloch County; clerk of superior court, compensation of deputies and other personnel 3822 Bulloch County; coroner, compensation 3818 Bulloch County; probate court, compensation of clerk 3820 Bulloch County; sales tax revenues, allocation 3906 Bulloch County; sheriff, salaries of deputies and clerk changed 4662 Bulloch County; tax commissioner, compensation of assistants 3909 Burke County; commissioners, district election 3804 Burke County; probate judge, manner of compensating changed 3904 Butts County; board of education, procedure for selecting members 3940 Candler County; state court, governing authority of said county authorized to fix salaries of judge and solicitor 4178 Carroll County; office of commissioner created 4656 Carroll County; probate judge, compensation 3892 Carroll County; superior court clerk, compensation 4170 Carroll County; state court, judge and solicitor, compensation 4346 Catoosa County; clerk of superior court, salary, clerical help allowance 3790 Catoosa County; commissioner, compensation and allowances 4065 Catoosa County; sheriff, fiscal year of office changed 4068 Catoosa County; tax commissioner, allowances for clerical assistants 3794 Chatham County; board of commissioners, commissioner districts changed 4529 Chatham County; board of public education for the city of savannah and the county of chatham, members compensation changed 4153
Page 5016
Chatham County; city of savannah and chatham county school system, districts 3759 Chatham County; city of savannah and chatham county school system, terms of president and board members, referendum 4039 Chattahoochee County; probate court, jurisdiction 3649 Chattahoochee County; superior court clerk, method of compensating changed 4031 Chattooga County; state court created, practice, procedure, etc., referendum 4570 Cherokee County; state court of cherokee and forsyth counties, judge and solicitor, salaries and supplements 4278 Clay County; clerk of superior court, method of compensation changed 4167 Clay County; commissioner districts 3785 Clay County; probate court judge, method of compensating changed, etc. 4231 Clay County; sheriff, maximum salary 3894 Clay County; tax commissioner, method of compensating changed 4511 Clayton County; board of commissioners, meetings, etc. 4503 Clayton County; chairman of commissioners, compensation 3628 Clayton County, commissioner districts, reapportioned 3617 Clayton County; educational funds collected by tax commissioner, disposition 4113 Clayton County; probate judge compensation 3626 Clayton County; sheriff, clerk superior court and deputies, compensation 3737 Clayton County; state court judge's compensation 4217 Clayton County; state court solicitor's compensation 3873 Clayton County; tax commissioner and deputy tax commissioner, compensation 3631 Cobb County; board of education, compensation of members 3636 Cobb County; cobb judicial circuit, compensation of certain officials and employees 4698 Cobb County; county manager, office created 4283 Cobb County; education district boundaries changed 4010 Cobb County; juvenile court judge, compensation 3887 Cobb County; magistrates courts, election of magistrates, compensation 4376 Cobb County; probate court, clerk's compensation 4122 Cobb County; probate court, judges' compensation 4127 Cobb County; state court, clerk and deputy clerk, compensation 3889 Cobb County; state court, jurisdiction 4223 Cobb County; state court, compensation of judges and solicitor 4223 Cobb County; superior court, clerk and deputy clerk, compensation 4622 Cobb County; superior court, salary supplement of judges 4125 Cobb County; sheriff and deputies, compensation 4353 Cobb County; south cobb development authority, area enlarged 4324 Cobb County; salary increases authorized to be delayed 4245 Cobb County; tax commissioner and clerk, compensation 3634 Colquitt County; school system, use of local sales tax revenue 3753 Columbia County; commissioner districts, composition changed 4607 Columbia County; education districts changed, referendum 4411 Cook County; board of commissioners, compensation of members 4176 Dawson County; etowah water and sewer authority, members qualifications and manner of electing 3718 Decatur County; state court, judge and solicitor, compensation, terms of court, etc. 4145
Page 5017
DeKalb County; board of commissioners, powers, duties, etc. changed, referendum 4547 DeKalb County; state court, clerk's duties re docketing documents 3726 DeKalb County, state [Illegible Text], terms 4322 DeKalb County; state court, assistant solicitor's residing requirements deleted 3709 DeKalb County; state-wide probation system, approval of county becoming a part 3982 Dooly County; tax commissioner, compensation changed 3646 Dougherty County; commission districts changed 4194 Dougherty County; county supplements to certain officials 3757 Dougherty County; small claims court continued as magistrates court, jurisdiction, procedures, etc. 4234 Dougherty County; state court, act creating amended 4238 Douglas County; airport authority created, membership, terms of office, powers, duties, etc. 4578 Douglas County; magistrates court, vacancies, how filled 4367 Early County; board of commissioners, terms, commissioner districts, compensation, etc. 4256 Early County; small claims court, manner of compensating judge 3925 Early County; state court, compensation of judge and solicitor 4205 Early County; probate court, manner of compensating judge, disposition of fees 3927 Fannin County; board of commissioners, compensation of chairman and members 3938 Fannin County; coroner, compensation 3936 Fayette County; magistrate court created 4707 Floyd County; board of commissioners, powers 3811 Floyd County; county manager, office created 4525 Floyd County; merit system, additional exemption from coverage 4339 Floyd County; superior court clerk, compensation 3896 Forsyth County; board of commissioners, composition changed, districts changed 4419 Forsyth County; board of education, election districts changed 4481 Forsyth County; school superintendent, appointment, referendum 3521 Forsyth County; state court of cherokee and forsyth counties, salaries and supplements of judge and solicitor 4278 Fulton County; authority to adopt ordinances, regulations, penalties, etc. 4055 Fulton County; constitutional amendment creating industrial district continued 4077 Fulton County; county-wide library system act amended 4228 Fulton County; justices of the peace, etc., offices abolished 4037 Fulton County; magistrates, how appointed 4373 Fulton County; probate judge, nonpartisan election 4063 Fulton County; state court, subsidy for publishing calendar 4053 Fulton County; state court, terms 4501 Glynn County; board of commissioners, election districts 3880 Glynn County; brunswick, glynn county charter commission act amended, referendum 3739 Glynn County; probate court personnel, deputies, annual salaries 3825 Gordon County; board of commissioners, powers, duties, etc, changed 4316 Gordon County; minimum compensation for certain county officers 4043
Page 5018
Gwinnett County; board of education, compensation and expense allowances 4322 Gwinnett County; board of education, election districts 3573 Gwinnett County; clerk superior court, compensation 4034 Gwinnett County; commissioner election districts, composition changed 3566 Gwinnett County; probate judge, compensation 4034 Gwinnett County; sheriff, compensation 4034 Gwinnett County; state court, additional judge, election, powers, duties, etc. 4213 Gwinnett County; tax commissioner, compensation 4034 Hall County; expense allowances for commissioners 3570 Hall County; school district boundaries described 4553 Hancock County; magistrates court, constitutional requirements implemented 4006 Haralson County; county commissioner, compensation 3947 Haralson County; probate judge, compensation changed 3734 Hart County; probate judge, compensation 3755 Heard County; clerk superior court compensation 3978 Heard County; county commissioners compensation 3980 Heard County; probate judge compensation 3971 Heard County; sheriff compensation 3975 Heard County; tax commissioner compensation 3973 Henry County; board of commissioners compensation 3958 Henry County; clerk superior court compensation 4518 Henry County; probate judge compensation 4518 Henry County; sheriff compensation 4518 Henry County; tax commissioner compensation 4518 Jasper County; treasurer, office abolished 4605 Jeff Davis County; board of commissioners, election districts changed 4334 Jeff Davis County; education districts, composition 4130 Jefferson County; office of treasurer abolished 3964 Jefferson County; probate judge, method of compensating changed 3809 Jefferson County; tax commissioner, salary 3503 Jones County; board of education, compensation of chairman and members 3714 Jones County; magistrates court, appointment and compensation of judge 4081 Jones County; probate judge, method of compensating 4051 Jones County; tax commissioner, office created 3830 Laurens County; probate judge, compensation 3781 Laurens County; tax commissioner, compensation 3778 Liberty County; industrial authority, powers, etc. 4087 Liberty County; probate court, method of compensating judge, employment of clerk authorized 4157 Liberty County; state court, compensation of judge and solicitor 3899 Macon County; board of commissioners, compensation of chairman and other members 4048 Miller County; board of commissioners created 4594 Montgomery County; board of commissioners, compensation and expenses of members 4149 Murray County; new board of education created, referendum 3611 Newton County; homestead exemption, referendum 3814 Newton County; probate court, procedure 4350 Newton County; small claims court, fees 3750 Oconee County; board of commissioners, compensation of chairman and members 3800
Page 5019
Pickens County; small claims court established 3524 Rabun County; board of commissioners, compensation of chairman and members 3716 Rabun County; clerk superior court, compensation 4155 Richmond County; board of health continued 4702 Richmond County; compensation of certain officials changed 4173 Richmond County; constitutional amendment authorizing consolidation county and city of augusta tax assessors continued in force 4094 Richmond County; exemption of certain property from ad valorem taxes continued 4143 Richmond County; limitation on local taxing jurisdiction continued 3870 Richmond County; sheriff's merit system board created 4495 Richmond County; treasurer, office abolished 3863 Rockdale County; magistrate court, practice, procedure, jurisdiction, etc. 3651 Screven County; state court, compensation of judge and solicitor 3923 Seminole County; board of education, election of members, manager of filling vacancies, procedures, compensation 3994 Spalding County; griffin-spalding county development authority, powers and duties defined 3834 Sumter County; clerk superior court, minimum compensation, supplement 4079 Sumter County; probate judge, minimum compensation, supplement 4079 Sumter County, sheriff, compensation 4002 Sumter County; sheriff, minimum compensation, supplement 4079 Sumter County; tax commissioner, compensation 4000 Sumter County; tax commissioner, minimum compensation, supplements 4079 Talbot County; board of commissioners, election of members, terms of office, etc. 4105 Tattnall County; probate court, method of compensating judge changed 4270 Terrell County; small claims court, costs 3711 Thomas County; commissioners election districts 3605 Thomas County; small claims court, election of judge 3902 Tift County; board of commissioners, authority to fix salary of chairman 3954 Tift County; board of commissioners, authority to fix salary of tax commissioner 3956 Tift County; tifton-tift county charter commission act, enacted 3590 Towns County; georgia mountain fair authority, qualifications of members, etc. 3776 Towns County; project defined 3776 Towns County; sheriff, compensation, deputies authorized compensation, county furnished and maintained automobiles 4074 Towns County; probate judge, mode of compensating changed, etc. 4620 Union County; board of education, election of members, vacancies, etc., referendum 4514 Upson County; thomaston, upson county office building authority, powers defined 3951 Walker County; probate judge, maximum compensation of personnel 3721 Walker County; superior court clerk, maximum compensation of personnel 3724 Walker County; tax commissioner, compensation of office personnel 3884 Walton County; sheriff's office, benefits to personnel, etc. 4357 Wayne County; state court, compensation of judge and solicitor 3931 Wayne County; superior court, compensation of clerk 3933
Page 5020
Wheeler County; commissioner, compensation changed 4151 Wilcox County; small claims court established 3984 Wilkinson County; board of commissioners, members' compensation 3697 Wilkinson County; board of commissioners, election meetings, etc. 3699 Wilkinson County; board of education, election of successor board, election districts, terms of office, etc. 3911 Worth County; small claims court, jurisdictional amount, tenure of judge, fees and costs 3960 COUNTIES AND COUNTY MATTERS BY POPULATION 9,365-9,385; boards of commissioners, ga. laws 1982, p. 4606 repealed 3733 25,400-25,900; airport authorities created 1118 38,000-38,200; probate judges, court costs 404 38,000-39,000; superior court judges, salary supplements 403 150,300-155,000; county tax collectors, authority to deduct from school tax repealed 414 175,000-185,000; municipal elections, costs 402 175,000-190,000; rate of interest and penalty on delinquent taxes 752 550,000 or more; county commissioners, amount of compensation 416 550,000 or more; probate courts, vacancies in office, succession by chief deputy clerk in certain counties 544 550,000 or more; transfer of employees from county probation departments to department of offender rehabilitation, effect on pension benefits 421 COUNTY MATTERSHOME RULE AMENDMENTS Bleckley County; small claims court, judge's compensation 4745 Butts County; audit of county books 4749 Butts County; judges, courts of limited jurisdiction, compensation 4753 Chattooga County; county purchases 4757 Clarke County; purchases 4762 Clayton County; employees' retirement 4766 DeKalb County; budget submission and approval dates 4774 DeKalb County; courts of limited jurisdiction, judges' compensation 4792 DeKalb County; license review board created 4797 DeKalb County; merit system act amended 4804 DeKalb County; merit system personnel code 4780 DeKalb County; pension board, investments 4787 Floyd County; courts of limited jurisdiction, compensation of judges 4809 Rockdale County; courts of limited jurisdiction, compensation of judges 0000 MUNICIPAL CORPORATIONS NAMED CITIES Adairsville; new charter enacted 3654 Adel; election districts, election of mayor and council, terms of office, etc. 4294 Aragon; city court, punishment authority 3802 Atlanta; urban enterprise zones 4097 Augusta; ad valorem tax exemptions continued in effect 4108
Page 5021
Augusta; constitutional amendment authorizing consolidation of city and richmond county tax assessors continued in force 4094 Austell; corporate limits changed 3919 Brooklet; city court, jurisdiction 3797 Brooklet; city ordinances, punishment for violation 3797 Brunswick; brunswick-glynn county charter commission act amended, referendum 3739 Cairo; corporate limits extended 4191 Calhoun; new charter enacted 4710 Canton; corporate limits changed 3561 Cedartown; recorder, authority to impose punishment 3771 Colbert; charter amendments, police court, punishment authority, homestead exemptions, referendum 4181 Columbus, Georgia; municipal court, judge's salary 4443 Columbus, Georgia; ordinances, penalties for violations 3773 Columbus, Georgia; tort liability redefined 4493 Commerce; administrative departments 3513 Crawford; mayor and council, terms changed 3639 Decatur; corporate limits extended 4186 Decatur; corporate limits changed 4544 Doerun; charter amendments 4341 Doraville; mayor and council, terms of office, referendum 3581 Dublin; city court, maximum fining and punishment authority 4072 East Point; east point building authority created, powers, duties, etc. 4302 Flowery Branch; mayor's court, maximum fines 3693 Forest Park; mayor and council, terms of office 3623 Fort Valley; municipal court, powers 3686 Gainesville; municipal court, jurisdiction 3688 Garden City; corporate limits extended 3868 Griffin; griffin-spalding county development authority, powers and duties defined 3834 Hoboken; recorder's court fines 4140 Jackson; mayor and council, vacancies in office, maximum fine, etc. 4344 Jasper; new charter enacted 3534 LaFayette; charter amendments 4274 Kennesaw; corporate limits changed 4565 Leary; corporate limits changed 3949 Locust Grove; provisions regarding offices dealing with city changed 4208 Macon; bibb county, city of macon intergovernmental relations study commission authorized 4263 Macon; macon-bibb county water and sewerage authority act amended 3509 Macon; macon-bibb county water and sewerage authority employees' pension plan amended 3967 Macon; president pro tempore of city council, manner of selecting 4327 Marietta; downtown development authority act amended 3563 Marietta; mayor, veto power 4119 Milledgeville; mayor and aldermen, compensation 4330 Norwood; mayor and councilmen, terms changed 4210 Oakwood; recorder's court, maximum fines 3691 Oconee; recorder's court, authority to punish 3783 Palmetto; corporate limits extended 4110
Page 5022
Palmetto; corporate limits extended 4134 Perry; new charter 4386 Pinehurst; mayor and council, election provisions changed 3684 Pineview; ad valorem tax, authority to impose, violations of ordinances, authority to punish 4004 Pooler; aldermanic board, composition 3865 Powder Springs; downtown development authority, vacancies in membership, etc. 4299 Reynolds; charter amendments, competitive bids 3875 Reynolds; judge municipal court, qualifications 3875 Rockmart; authority of recorder to punish for violations of law and contempt 4046 Rome; board of education, additional member, election of members, etc. 3641 Rome; commission members, election, compensation 4188 Rome; corporate limits changed and extended 4432 Sale City; mayor and councilmen, terms and election procedures 3748 Savannah; board of aldermen, manner of filling vacancies 3827 Savannah; board of public education for the city of savannah and the county of chatham, members' compensation changed 4153 Savannah; city of savannah and chatham county school system, districts 3759 Savannah; city of savannah and chatham county school system, terms of president and board members, referendum 4039 Statesboro; recorder's court, maximum amount of fines authorized 4247 Summerville; city manager, position created 4614 Taylorsville; charter amendments, referendum 4161 Thomaston; board of education, method of selecting members changed 3506 Thomaston; thomaston, upson county office building authority, powers defined 3951 Tifton; tifton-tift county charter commission act enacted 3590 Tybee Island; charter amendments, referendum 3586 Tyrone; councilmen, terms, election 4704 Union Point; authority to assess fines and punishment 4061 Vidalia; charter amendments 4362 Watkinsville; new charter enacted 4625 White Plains; new charter enacted 4665 Winterville; police court, punishment authority 3707 MUNICIPALITIESHOME RULE AMENDMENTS Albany; civic center operation 4817 Atlanta; comprehensive development plans 4819 Atlanta; executive branch, reorganization 4833 Atlanta; ombudsman, charter provisions relating to, deleted 4856 Atlanta; president of council, powers 4829 Atlanta; quadrennial relegation of pending legislation 4825 Bainbridge; clerk and treasurer 4860 Boston; punishments for ordinance violations 4867 Braselton; wine production, sale of alcoholic beverages 4865 Chamblee; powers of mayor 4873 Chamblee; recorder's court 4876 Chamblee; sanitary tax 4870 College Park; pension system 4879 Cordele; ordinance adoption procedure, etc. 4883
Page 5023
Decatur; powers of recorders court, etc. 4891 Doraville; fines and punishment 4901 Doraville; mayor, compensation and duties 4896 East Point; city court, powers 4928 East Point; election ward boundaries 4905 East Point; fines and imprisonment 4932 East Point; license inspector 4913 East Point; retirement system 4924 East Point; salaries of mayor and council 4919 Elberton; recorder, fining authority 4937 Griffin; commissioners' compensation 4941 Macon; employee disability pensions 4943 Macon; municipal court, fines and punishment authority 4947 Perry; recorder's court, fining authority 4950 Riverdale; mayor and councilmen, qualifications 4954 Rockmart; recorder, qualifications 4958 Rockmart; wards and ward residency requirements 4962 Rossville; elected councilmen, compensation 4974 Savannah; pension plan amendments 4976 RESOLUTIONS AUTHORIZING COMPENSATION Carney, Richard B. 4384 Gates, John J. 4090 Reffner, Mary D. 4381 Walton, Richard 4380 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Adairsville 966 Atlanta 989 Augusta City Council 983 Baia, Mr. and Mrs. Frank J., Jr. 594 Baldwin County 584 Bibb County Board of Commissioners 992 Brooks County 967 Brunswick 987 Certain Tract Located in Spalding County, Sale Authorized 995 Certain Tracts Located in Fulton County, Lease Authorized 978 Clayton County Board of Education 596 David, Edgar George, Jr. 969 Hendrix, Harold M. 969 Ivey, James R., Jr. 584 Jackson 588 Macon, Bibb County Water and Sewerage Authority 440 P.D. Oil and Chemical Storage, Inc. 975 Resource Recovery Development Authority for the City of Savannah 586 Tucker, Mamie O., Estate 969 Tucker, W.R., Heirs and Others 969 Turner, Myrtie Vera 969 Turner, Myrtie Vera, and Clinton W., as Executors of Estate of Mamie O. Tucker 969
Page 5024
White, Mrs. Margaret Burke 592 MISCELLANEOUS RESOLUTIONS Chatham County Hospital Authority Study Commission Created 4378 Dent, Honorable Richard A., portrait authorized 442 Department of Administrative Services Plan of Operation Ratified 598 Governor's Education Review Commission Created 599 Lawson, Roger H., Memorial Bridge designated 974 McCutchen, Pleasant Theodore, Sr., Bridge designated 4092 Mentally Retarded, Handicapped and Elderly, study committee for tax credit for family support created 997 Safe Dams Study Commission created 582 State Board of Medical Examiners Directed to Adopt Rules Relating to Abuse of Certain Drugs 590 State-Wide Fire Protection Study Committee, resolution creating amended 999 Thompson, George W., Bridge designated 4091 Urging Resolution of Controversy Between City of Marietta and Cobb County 4382
Page 5025
INDEX A ACCOUNTANTS Law regulating profession changed 559 ADAIRSVILLE, CITY OF Land conveyance 966 New charter enacted 3654 ADEL, CITY OF Election districtselection of mayor and councilterms of office, etc. 4294 AD VALOREM TAXATION Date of making returns changed 1849 Foreign merchandise in transit redefined 716 Real property devoted to bona fide agricultural purposes 1850 AIRPORT AUTHORITIES Created for certain counties (25,400-25,900) 1118 ALAPAHA JUDICIAL CIRCUIT Terms of court 418 ALBANY, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ALCOHOLIC BEVERAGES Jekyll Island State Park Authority authorized to sell same 1213 Sale or storage on county or municipally owned or operated airportslicenses 759 Special elections to authorize sales, etc. 806 ALCOHOLICS, TREATMENT Effective date of certain articles of title 37, chapter 8 delayed 684 ANIMALS Bonding of livestock dealers, brokers, packers, market operators, etc. 1161 ANNUAL SALARIES OF CERTAIN STATE OFFICIALS Changed 1831 ANTITERRORISM TASK FORCE Created within Georgia Bureau of Investigation 393
Page 5026
APPALACHIAN JUDICIAL CIRCUIT Created 761 APPROPRIATIONS General appropriations act enacted 1603 Supplementary 159 Supplementary 359 Supplementary, Department of Labor 449 ARAGON, CITY OF City courtpunishment authority 3802 ARCHITECTS Examinations for license 734 ASSISTANT DISTRICT ATTORNEYS Credit for prior state service 622 ATKINSON COUNTY Board of commissionerscompensationelection of chairman, etc.referendum 4115 ATHLETIC TRAINERS Licensing 444 ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Easement 989 Urban enterprise zones 4097 AUGUSTA, CITY OF Ad valorem tax exemptions continued in effect 4108 Consolidation of City and Richmond County tax assessors continued in force 4094 Land conveyance 983 AUSTELL, CITY OF Corporate limits changed 3919 B BACON COUNTY Board of commissionerscommissioner districts, qualification of members, etc. 4538
Page 5027
BAD CHECKS Criminal issuancesupport of minorspresent consideration further defined 484 Penalties for issuance 485 Restitution of amount of check, costs of bringing complaint, etc. 1189 BAIA, MR. AND MRS. FRANK J., JR. Land conveyance 594 BAILABLE OFFENSES Determination, procedure 452 BAINBRIDGE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments BALD MOUNTAIN WATER AND SEWER AUTHORITY ACT Enacted 4466 BALDWIN COUNTY Board of education, compensation of members 3878 Land conveyance 584 Magistrates courtconstitutional requirements implemented 4027 Probate courtcompensation of judge 4085 BANKS AND BANKING Dealing with regulated banksrestrictions removed as to employees, etc. 532 Definition of bank changed 493 Taxation revised 1350 BARROW COUNTY Board of commissionersauthority to assess and collect license fees and taxes 3943 Superior courtsupplementary compensation for judge 3945 BEN HILL COUNTY Tax commissionercompensation 3768 BIBB COUNTY Authorized to dispose of certain property 3621 Bibb CountyCity of Macon intergovernmental relations study commission authorized 4263 Board of public education and orphanageeducation districts changedreferendum 4251 Land conveyance 992 Macon-Bibb County water and sewerage authority employees' pension plan amended 3967 State court warrant officer provided 4220
Page 5028
BLECKLEY COUNTY See Tabular IndexCounty MattersHome Rule Amendments BOARDS OF COUNTY COMMISSIONERS Act providing for in certain counties (9365-9385) repealed 3733 BOARD OF INDUSTRY AND TRADE Created, composition, duties, powers, etc. 504 BOARD OF REGENTS Manner of filling vacancies 495 BOSTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments BRASELTON, TOWN OF See Tabular IndexMunicipalitiesHome Rule Amendments BROOKLET, CITY OF City courtjurisdiction 3797 City ordinancespunishment for violation 3797 BROOKS COUNTY Land conveyance 967 Probate courtmethod of compensating judge changed 4266 Special fire protection districts authorized 3695 BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION ACT Amendedreferendum 3739 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Power to contract with Jekyll Islandstate park authority 4057 BRUNSWICK, CITY OF Brunswick-Glynn County charter commission act amendedreferendum 3739 Easement 987 BUILDING AND LOAN ASSOCIATIONS Taxation revised 1350 BULLOCK COUNTY Board of commissionersclerical assistantscompensation 3731 Board of commissionerscompensation of chairman members changed 3728 Clerk of superior courtcompensation of deputies and other personnel 3822 Coronercompensation 3818 Probate courtcompensation of clerk 3820
Page 5029
Sales tax revenuesallocation 3906 Sheriffsalaries of deputies and clerk changed 4662 Tax commissionercompensation of assistants 3909 BURKE COUNTY Commissionersdistrict election 3804 Probate judgemanner of compensating changed 3904 BUTTS COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Board of educationprocedure for selecting members 3940 C CAIRO, CITY OF Corporate limits extended 4191 CALHOUN, CITY OF New charter enacted 4710 CANCELLATION OF INDEBTEDNESS BY GRANTEE Definition of terms 677 CANDLER COUNTY State courtgoverning authority of said county authorized to fix salaries of judge and solicitor 4178 CANINE HANDLERS OF DEPARTMENT OF OFFENDER REHABILITATION Granted powers of police officers 672 CANTON, CITY OF Corporate limits changed 3561 CAPITAL FELONY EXPENSES Reimbursement of counties 395 CARNEY, RICHARD B. Compensation 4384 CARROLL COUNTY Office of commissioner created 4656 Probate judgecompensation 3892 State courtjudge and solicitorcompensation 4346 Superior court clerkcompensation 4170 CATOOSA COUNTY Clerk superior courtsalaryallowance for clerical help 3790
Page 5030
Commissionercompensation and allowances 4065 Sherifffiscal year of office changed 4068 Tax commissionerallowances for clerical assistants 3794 CEDARTOWN, CITY OF Recorderauthority to impose punishment 3771 CEMETERIES Georgia cemetery act of 1983 enacted 1508 CERTAIN TRACTS LOCATED IN FULTON COUNTY Lease authorized 978 CHAMBLEE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments CHATHAM COUNTY Board of commissionersdistricts changed 4529 Board of public education, city-countymembers compensation 4153 City of Savannah and Chatham County school systemdistricts 3759 City of Savannah and Chatham County school systemterms of president and board membersreferendum 4039 CHATHAM COUNTY HOSPITAL AUTHORITY Study commission created 4378 CHATTAHOOCHEE COUNTY Superior court clerkmethod of compensating changed 4031 CHATTOOGA COUNTY See also Tabular IndexCounty MattersHome Rule Amendments State court createdpractice, procedure, etc.referendum 4570 CHECKS OR DRAFTS, DISHONORED Fees authorized to be charged for same when issued on retail installment contracts 1430 CHEROKEE COUNTY State court of Cherokee and Forsyth Countiesjudge and solicitorsalaries and supplements 4278 CHILDREN Restraint devices required while transporting childrenpenalties for violation 1464
Page 5031
CHILD SUPPORT RECOVERY ACT Amended 1816 CLARKE COUNTY See Tabular IndexCounty MattersHome Rule Amendments CLASS ACTIONS Limited in interest and usury cases 1316 CLAY COUNTY Clerk superior courtmethod of compensating changed 4167 Commissioner districts 3785 Sheriffmaximum salary 3894 Tax commissionermethod of compensating changed 4511 CLAYTON COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Board of commissionersmeetings, etc. 4503 Chairman of boardcompensation 3628 Clerk superior court and deputiescompensation 3737 Commissioner districts reapportioned 3617 Educational funds collected by tax commissionerdisposition 4113 Land conveyance 596 Probate judgecompensation 3626 Sheriff and deputiescompensation 3737 State court judgecompensation 4217 State court solicitorcompensation 3873 Tax commissionercompensation 3631 CLERK OF THE HOUSE OF REPRESENTATIVES Manner of election and term 494 COBB COUNTY Board of educationmembers' compensation 3636 County manageroffice created 4283 Education district boundaries 4010 Juvenile court judgecompensation 3887 Magistrate courtselection of magistratescompensation 4376 Probate court, clerk's compensation 4122 Judge's 4127 Salary increases authorized to be delayed 4245 Sheriff and deputiescompensation 4353 South Cobb development authorityarea enlarged 4324 State court, clerk and deputy clerkcompensation 3889 Jurisdictiondead docketcompensation of personnel 4223 Superior courtclerk and deputy clerkcompensation 4622 Superior courtsalary supplement of judges 4125 Tax commissioner and clerkcompensation 3634
Page 5034
CONSUMERS' UTILITY COUNSEL Practices and procedures, etc. 834 CONTROLLED SUBSTANCES Schedules of certain nonnarcotic substances authorized to be excluded, etc. 349 CONVICTED FELONS Unlawful possession of firearmsrestrictions removed in certain cases 945 COOK COUNTY Board of commissionerscompensation of members 4176 CORDELE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments CORONERS Bullock Countycompensation 3818 Fannin County-compensation 3936 Richmond Countycompensation 4173 CORPORATIONS Directors, number required 1299 Law relating to registration of foreign and domestic corporations extensively amended 1479 Registered names; filing fees, etc. 1479 CORRECTIONAL INDUSTRIES Compensating inmates prohibited 1795 CORRECTIONAL INSTITUTIONS Leave privileges of inmates, limitations 1806 Punishment of inmates 1806 COSMETOLOGISTS AND ESTHETICIANS Qualifications for licensing and registration 1219 COUNTY BOARDS OF EQUALIZATION Alternate method of selecting members 1158 COUNTY BOARDS OF TAX ASSESSORS AND TAX EQUALIZATION Qualifications changed 576 COUNTY COMMISSIONERS See Tabular IndexNamed Countiesalso Counties and County Matters by Population
Page 5035
COUNTY DOCUMENTS Storage; county document defined 653 COUNTY PROBATION DEPARTMENTS Transfer of employees to department of offender rehabilitationeffect on pension benefitscertain counties (550,000 or more) 421 COUNTY SCHOOL SUPERINTENDENTS Forsyth Countyappointment referendum 3521 COUNTY TAX COLLECTORS Authority to deduct from school tax repealed (150,300-155,000) 414 COUNTY TAX OFFICIALS AND EMPLOYEES Members of employees' retirement system of Georgia, election in certain cases 655 COUNTY TREASURERS Manner of election, terms of office 1212 COURTS, GENERALLY Exercise of judicial powers by judges outside their own courtscircumstances, procedures 961 COURTS OF MUNICIPALITIES Authorized to try and dispose of certain criminal cases 825 COURTS OF RECORD Use of letter-size paper in pleadings 531 COURTS, SMALL CLAIMS See Tabular IndexSmall Claims Courts STATE COURTS See Tabular IndexState Courts CRAWFORD, CITY OF Mayor and councilterms changed 3639 CRIME OF FLEEING A POLICE OFFICER Punishment 836 CRIMES Bailable offenses 358
Page 5036
CRIMES AND PUNISHMENT Operating motor vehicle while intoxicatedpunishment 1000 Sexual assault defined 721 CRIMES OF THEFT Shoplifting defined 457 CRIMINAL BONDS AND RECOGNIZANCES Forfeiture proceedings 1203 CRIMINAL EXTRADITIONS Requirements of formality of executive, etc. 649 CRIMINAL JUSTICE COORDINATING COUNCIL Additional members, etc. 518 CRIMINAL LAW Escape further defined 645 CRIMINAL PROCEDURE Bailable offenses 452 Continuances where party or attorney in attendance on general assembly 675 Copy of indictment to be furnished accused 503 CUSTODY OF CHILDREN Orders for temporary custody in certain divorce proceedings 632 D DAVID, EDGAR GEORGE, JR. Land conveyance 969 DANGEROUS DRUGS Listed 349 State board of pharmacy authorized to delete drugs from list 349 DAWSON COUNTY Etowah water and sewer authoritymembers qualifications and manner of electing 3718 DEATH PENALTY Persons to be notified as to date of execution 665 DECATUR, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits 4186
Page 5037
Corporate limits 4544 DECATUR COUNTY State courtjudge and solicitorcompensationterms of court, etc. 4145 DECEASED DEPOSITORS Disposition of funds by financial institutions 661 DECEASED EMPLOYEES Payment of outstanding wages to survivors 659 DEKALB COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Board of commissionerspowers, duties, etc.referendum 4547 State courtassistant solicitor's residency requirements deleted 3709 State courtclerk's duties re docketing 3726 State courtterms 4322 State-wide probation systemapproval of county becoming a part 3982 DELINQUENT CHILDREN Orders for restitution in juvenile proceedings, etc. 539 DENT, HONORABLE RICHARD A. Portrait authorized 442 DENTISTS AND DENTAL HYGIENISTS Practice regulated 1389 DEPARTMENT OF ADMINISTRATIVE SERVICES Authorized to provide services to local political subdivisions 673 Plan of operation ratified 598 Restrictions on attendance at seminars, lectures, etc. by commissioners removed 546 DEPARTMENT OF HUMAN RESOURCES Apprehension of delinquent children upon order of department, etc. 538 DEPARTMENT OF INDUSTRY AND TRADE Incurring of expenses to secure new business, industry and tourism authorized 499 DEPARTMENT OF OFFENDER REHABILITATION Confidentiality of inmatesupplied information 680 Composition of board, terms of office, etc. 507
Page 5038
DEPARTMENT OF PUBLIC SAFETY Free identification cards to certain persons 461 DEPARTMENT OF TRANSPORTATION Maintenance and operational assistance to state tollway authority 635 DISABLED VETERANS Relieved from payment of business or professional license fees 667 DISPOSSESSORY PROCEEDINGS Payment of rent into registry of court 513 DISTRICT ATTORNEYS Griffin judicial circuit, county supplements 386 DISTRICT ATTORNEYS EMERITUS Duties; retirement benefits 1805 DOERUN, CITY OF Charter amendments 4341 DOMESTIC RELATIONS CASES Personal jurisdiction over nonresidents 1304 DOORKEEPERS Provided for house of representatives 385 DORAVILLE, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Mayor and councilterms of officereferendum 3581 DOUGHERTY COUNTY Commission districts changed 4194 County supplements to certain officials 3757 Small claims court continued as magistrate courtjurisdiction, procedures, etc. 4234 State courtact creating amended 4238 DOUGLAS COUNTY Airport authority createdmembership, terms of office, powers, duties, etc. 4578 Magistrates courtvacancies, how filled 4367 DOUGLAS JUDICIAL CIRCUIT Judge's salary supplement 412
Page 5039
DOWNTOWN DEVELOPMENT AUTHORITIES Copies of resolutions activating samefiling with secretary of state 1346 DRIVERS' LICENSES Authority of department of public safety to issue duplicate licenses and permits eliminated, etc. 819 Fees for restoration of suspended licenses 487 DUBLIN, CITY OF City courtmaximum fining and punishment authority 4072 E EARLY COUNTY Board of commissionersterms, commissioner districts, compensation 4256 Probate courtmanner of compensating judgedisposition of fees 3927 Small claims courtmanner of compensating judge 3925 State courtcompensation of judge and solicitor 4205 EAST POINT, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments East Point building authority created, powers, duties, etc. 4302 EDUCATION Alcohol and drug course 745 EDUCATIONAL FACILITIES, CAPITAL OUTLAY FUNDS Content of projections of average daily attendance 804 EDUCATIONAL FUNDS Clayton Countyto be retained and remitted to county by tax commissioner 4113 ELBERTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ELECTED CONSTITUTIONAL OFFICERS Procedures when temporarily disabled 1207 ELECTIONS Non-partisan election of judges, etc. 1190 Reimbursement of expenses to counties in certain cases, etc. 964 Time for qualifying with party or as independent candidate 535 Voter registration and eligibility to vote 786
Page 5040
ELECTIONS, RUN-OFF Continuation of election, etc. 827 ELECTION CODE Amended 1190 ELECTIVE OFFICES Referendum required to abolish office or shorten term 685 ELECTRICAL CONTRACTORS Defined; regulated 424 EMERGENCY MEDICAL TECHNICIANS Services by, under certain conditions 694 EMERGENCY VEHICLES Permits 447 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Actuarial studies 637 Classification of members; transfer of county probation department to state 1809 Creditable service for certain employees 784 Credits for prior servicemilitary service 1856 Definition of employee 1859 EMPLOYMENT SECURITY LAW Amended 1153 EMPLOYMENT SECURITY LAW Maximum weekly benefit increased 1592 ESTHETICIANS AND COSMETOLOGISTS Qualifications for licensing and registration 1219 ETOWAH WATER AND SEWER AUTHORITY Members qualifications and manner of electing 3718 EVIDENCE Use of interpreters for hearing impaired persons 852 EXCISE TAXATION Rates on cigars and cigarettes 1834
Page 5041
EXPLOITATION OF MINORS IN SEXUALLY EXPLICIT CONDUCT Prohibitedminor defined 1437 EXTRAORDINARY SESSION OF GENERAL ASSEMBLY Governor's proclamation convening 2A F FAIR BUSINESS PRACTICES ACT OF 1975 Amended 1298 FAIR EMPLOYMENT PRACTICES ACT OF 1978 Amended 1097 FAMILY VIOLENCE SHELTERS Licensing, etc. 521 FANNIN COUNTY Board of commissionerscompensation of chairman and members 3938 Coronercompensation 3936 FARM PRODUCED WINES Sales authorized and regulated 1116 FAYETTE COUNTY Magistrate court created 4707 FINANCIAL INSTITUTIONS Deceased depositors, disposition of funds 661 FINANCIAL INSTITUTIONS CODE Amended 602 FIREARMS Discharge on Sunday 448 Licenses to carry; period of validity 1431 FIREMEN Definition changed with respect to indemnification of law enforcement officers 1303 Georgia firemen's pension fund fireman, volunteer fireman defined 1310 FIRE PROTECTION DISTRICTS, SPECIAL Brooks Countyauthorized 3695
Page 5042
FLINT JUDICIAL CIRCUIT Investigator for district attorney 407 FLOWERY BRANCH, CITY OF Mayor's courtmaximum fines 3693 FLOYD COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Board of commissionerspowers 3811 County manageroffice created 4525 Merit systemadditional exemption from coverage 4339 Superior court clerkcompensation 3896 FLOYD COUNTY MERIT SYSTEM ACT Amended 4339 FOREIGN CORPORATIONS ACTING IN A FIDUCIARY CAPACITY Secretary of state as agent for service 1474 FOREIGN TRUSTEES Designation of agent for service of processeffect of failure, etc. 1474 FOREST PARK, CITY OF Mayor and councilterms of office 3623 FORFEITURES OF MONEY OR OTHER PROPERTY Disposition 469 FORFEITURE PROCEEDINGS Criminal bonds and recognizances 1203 FORT VALLEY, CITY OF Municipal courtpowers 3686 FORSYTH COUNTY Board of commissionerscommissioner districts 4419 Board of educationelection districts for members 4481 School superintendentappointmentreferendum 3521 State court of Cherokee and Forsyth countiessalaries and supplements of judge and solicitor 4278 FREE EDUCATION FOR ELDERLY IN STATE UNIVERSITIES Providedexceptions, etc. 496 FULTON COUNTY Authority to adopt ordinances and regulationspenalties, etc. 4055
Page 5043
FULTON COUNTY continued Constitutional amendment creating industrial district continued 4077 County-wide library system act amended 4228 Justice of peace and related offices abolished 4037 Lease of certain tracts located in Fulton County authorized 978 Magistrates, how appointed 4373 Probate judgenonpartisan election 4063 State court, court calendar, subsidy for publishing 4053 State court, terms 4501 G GAINESVILLE, CITY OF Municipal courtjurisdiction 3688 GARDEN CITY, CITY OF Corporate limits extended 3868 GARNISHMENT When pension or retirement funds subject 683 GARNISHMENT, SUMMONS Answer 454 GATES, JOHN J. Compensation 4090 GENERAL ASSEMBLY Composition of certain state representative districts changed 1123 Disability of speaker of the house of representatives, procedure for determining 681 Doorkeepers for house of representatives provided 385 Engrossed and enrolled copies of bills and joint resolutions, preservation and filing 688 Expense allowances of members 1831 Extraordinary sessiongovernor's proclamation convening 2A Legislative services committee created 722 Limitation on passage of population bills 1205 Notices of intention to introduce bills, publication 646 Oath of office of members 963 President pro tempore of senate; speaker pro tempore of housepowers and duties 689 Sergeant-at-arms provided for senate 385 GEORGIA BUREAU OF INVESTIGATION Antiterrorism task force 393 GEORGIA CEMETERY ACT OF 1983 Enacted 1508
Page 5044
GEORGIA DEVELOPMENT AUTHORITY LAW Amended 1026 GEORGIA FIREMEN'S PENSION FUND Certain terms redefined 1310 GEORGIA HOSPICE LAW Enacted 1317 GEORGIA INDUSTRIAL LOAN ACT Application for licenseshearings 479 GEORGIA LEGISLATIVE RETIREMENT SYSTEM Credit for prior military service 1856 GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT Enacted 1548 GEORGIA MOUNTAIN FAIR AUTHORITY Qualifications of members, etc.project defined 3776 GEORGIA PUBLIC REVENUE CODES Amended 1834 GEORGIA RESIDENTIAL AUTHORITY ACT Amended 1228 GEORGIA SECONDARY MARKET CORPORATION ACT Repealed 1228 GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT Amended 1024 GEORGIA TIME-SHARE ACT Enacted 1255 GLYNN COUNTY Board of commissionerselection districts 3880 Brunswick-Glynn County charter commission act amendedreferendum 3739 Probate court personneldeputies annual salaries 3825 GOOD-TIME ALLOWANCES Persons confined for misdemeanor offenses 1340
Page 5045
GORDON COUNTY Board of commissionerspowers, duties, etc., changed 4316 GORDON COUNTY Minimum compensation for certain county officers 4043 GOVERNOR Oath of office 1539 GOVERNOR'S EDUCATION REVIEW COMMISSION Created 599 GOVERNOR'S PROCLAMATION Convening general assembly in extraordinary session 2A GRAIN DEALERS Financial statements to be submitted with license applications, exceptions, etc. 831 GRAND JURIES Ocumulgee judicial circuitterms, etc. 419 GRIFFIN, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Griffin-Spalding County development authoritypowers and duties defined 3834 GRIFFIN JUDICIAL CIRCUIT District attorneys' county supplements 386 GROUP LIFE INSURANCE Maximum coverage for debtors 464 GWINNETT COUNTY Board of educationcompensation and expense allowances of members 4322 Board of educationmember election districts 3573 Commissioner election districts 3566 Sheriff, superior court clerk, probate judge, tax commissionercompensation 4034 State court, additional judge 4213 H HANDICAPPED PERSONS Use of crossbows in hunting wildlife permitted, etc. 664
Page 5046
HALL COUNTY Expense allowances for commissioners 3570 School district boundaries described 4553 HANCOCK COUNTY Magistrate courtconstitutional requirements implemented 4006 HARALSON COUNTY County commissionercompensation 3947 Probate judgecompensation changed 3734 HART COUNTY Probate judgecompensation 3755 HAZARDOUS SUBSTANCES Nozzles and valves used in dispensing 476 HEALTH Health planning agency created, composition, functions 1566 Health planning review board created, composition, functions 1566 Health policy council created, composition, functions 1566 Public school childrenscreening for scoliosis 1547 HEARD COUNTY Probate judgecompensation 3971 Tax commissionercompensation 3973 Sheriffcompensation 3975 HENDRIX, HAROLD M. Land conveyance 969 HENRY COUNTY Board of commissioners, compensation 3958 Clerk superior court, probate judge, sheriff, tax commissionercompensation 4518 HERITAGE TRUST COMMISSION Life extended 460 HOBOKEN, CITY OF Recorder's court fines 4140 HOMESTEAD EXEMPTION Application, filing; effect of failure to file 1849 Misdemeanor to solicit to file for a fee application on behalf of another 1849
Page 5047
HOSPITAL AUTHORITIES Conflict of interest policy established for members 1317 HOSPITAL LIENS Definitionsliens for nursing home care, etc. 548 HOSPITALS AND RELATED INSTITUTIONS Authorized to grant staff membership to psychologists 1426 Emergency relocation of patients or residents 1323 Required to provide information regarding charges, etc. 1307 HOUSE OF REPRESENTATIVES Clerkmanner of election and term 494 Composition of certain election districts changed 1123 Doorkeepers provided 385 HUNTING LICENSES Reciprocity agreements with certain states 837 HUSBAND AND WIFE Provision regarding husband as head of household abolished 1309 I ILLEGAL DRUGS Punishment for trafficking in 620 INCOME TAX WITHHOLDING Criminal penaltiesnoncompliance with notice of delinquency 1834 Samefailure to comply with special accounting procedures 1834 Successors to businesses, liability for unpaid amounts 1834 INDEMNIFICATION OF LAW ENFORCEMENT OFFICERS Firemen defined 1303 Permanent disability defined 651 Prison guard redefined 1469 INMATES OF CORRECTIONAL INSTITUTIONS Punishment, methods permitted and prohibited. Leave privileges, limitations 1806 INSTITUTIONAL LICENSES TO PRACTICE MEDICINE Renewal in certain cases 720 INSURANCE Property insurance redefined, etc. 864
Page 5048
INSURANCE COMMISSIONER Fees and other charges 729 INSURANCE FEES AND TAXES Life insurance companiesimposition of license fees, etc. 1595 INSURANCE COMPANIES Arrest bonds, sureties on certificates of trucking clubs or associations 695 INSURANCE COMPANIES, LIFE License fees, taxes, etc. 1595 INSURANCE, LIFE AND ACCIDENT Use of simplified language in policies and certificates required 473 INSURANCE RATES AND RATING ORGANIZATIONS Filing of rates with commissioner, etc. 629 INTEREST AND USURY Class actions for violations limited 1316 Permissible rates, etc. 1146 INTEREST RATES Life insurance loans 616 ITINERANT ENTERTAINERS Designation of attorney in fact for service 1474 IVEY, JAMES R., JR. Land conveyance 584 J JACKSON, CITY OF Conveyance of estate for years 588 Mayor and councilvacancies in officemaximum fines, etc. 4344 JASPER, CITY OF New charter enacted 3534 JASPER COUNTY Treasureroffice abolished 4605 JEFF DAVIS COUNTY Board of commissioners, election districts 4334 Education districtscomposition 4130
Page 5049
JEFFERSON COUNTY Office of treasurer abolished 3964 Probate judgemethod of compensating changed 3809 Tax commissionersalary 3503 JEKYLL ISLAND STATE PARK AUTHORITY Authorized to sell alcoholic beverages 1213 Power to contract with Brunswick and Glynn County development authority 4057 Powers regarding fire safety codes, etc. 643 JOINT COUNTY AND MUNICIPAL SALES TAX Distribution 1461 JONES COUNTY Board of educationcompensation 3714 Magistrate courtappointment and compensation of judge 4081 Office of tax commissioner created 3830 Probate judgemethod of compensating 4051 JURISDICTION, PERSONAL Nonresidentspersonal jurisdiction over in certain domestic relations cases 1304 JUSTICE OF THE PEACE Fulton Countyoffice abolished 4037 JUVENILE COURTS Cobb Countycompensation of judge 3887 JUVENILES Disposition of delinquent or unruly juveniles 829 K KENNESAW Corporate limits changed 4565 L LABOR, DEPARTMENT OF Supplementary appropriation 449 LAFAYETTE, CITY OF Charter amendments 4274
Page 5050
LANDS LEASED FOR PUBLIC PURPOSES Leases to private parties excluded from definition 647 LAURENS COUNTY Probate judgecompensation 3781 Tax commissionercompensation 3778 LAW ENFORCEMENT OFFICERS Indemnification, firemen 1303 Prison guard redefined with respect to indemnification of law enforcement officers 1469 LAWSON, ROGER H. Memorial bridge designated 000 LEARY, CITY OF Corporate limits changed 3949 LEVY AND SALE Property exemptrequirements for eligibility, etc. 1170 LIBERTY COUNTY Liberty County industrial authoritypowers, etc. 4087 Probate courtmethod of compensating judge; employment of clerk authorizedcompensation 4157 State courtcompensation of judge and solicitor 3899 LICENSED HOSPITALS AND OTHER HEALTH CARE FACILITIES Approved disaster preparedness plan required 783 LICENSED PRACTICAL NURSES Training required; renewal of licenses 465 LICENSE FEES, BUSINESS AND PROFESSIONAL Disabled veterans relieved from payment of same 667 LICENSES TO CARRY FIREARMS Period of validity 1431 LIENS Hospital and nursing home for treatment and care 548 LIENS, MECHANICS' AND MATERIALMENS' Provisions relating to preliminary notices of lien rights and claims of liens, etc. changed 1450
Page 5051
LIEUTENANT GOVERNOR Annual salary 1831 Oath of office 1539 LIFE INSURANCE Policy loan interest rates, etc. 616 LIVESTOCK DEALERS, BROKERS, PACKERS, MARKET OPERATORS, ETC. Bonding 1161 LOCAL EXCISE TAXES Exemption from levy 639 LOCAL GOVERNMENT INVESTMENT POOL Definition of agencies authorized to utilize same 455 LOCAL TAXING JURISDICTIONS Limitations on continued (Richmond County) 3870 LOCUST GROVE, CITY OF Provisions regarding offices dealing with city changed 4208 M MACON-BIBB COUNTY WATER SEWERAGE AUTHORITY ACT Amended 3509 Easement 440 MACON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Bibb County-City of Maconintergovernmental relations study commission authorized 4263 Macon-Bibb County water and sewerage authorityemployees' pension plan amended 3967 President pro tempore of city councilmanner of selecting 4327 MACON COUNTY Board of commissionerscompensation of chairman and other members 4048 MAGISTRATES COURTS See also Tabular IndexMagistrate Courts and Counties and County MattersNamed Counties State-wide system createdjustice courts abolished 884 MALT BEVERAGES License requirements for manufacture, distribution and sale 1214
Page 5052
MANUFACTURED HOMES Inspection and manufacturing fees 456 MARIETTA, CITY OF Downtown development authority act amended 3563 Mayorveto power 4119 MARIETTA, CITY OF, AND COBB COUNTY Urged to resolve controversy 4382 MARRIAGE Provision regarding husband as head of household abolished 1309 MAXIMUM WIDTH, LENGTH AND WEIGHT OF MOTOR TRUCKS Changed 1798 McCUTCHEN, PLEASANT THEODORE, SR. Bridge designated 4092 MENTALLY RETARDED, HANDICAPPED AND ELDERLY Study committee for tax credit for family support created 997 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Construction, etc., priorities changed 1087 Levy of retail sales tax for authority extended 1079 METROPOLITAN RIVERS LAND USE Law amended 1059 MIDYEAR ADJUSTMENT RESERVED Appropriation for fiscal 1983 authorized 1815 MILITARY RECRUITERS Access to student directory information in public secondary schools 1429 MILK AND MILK PRODUCTS Authority of commissioner of agriculture to make rules 737 MILLEDGEVILLE, CITY OF Mayor and aldermencompensation 4330 MILLER COUNTY Board of commissioners created 4594
Page 5053
MINORS Exploitation in sexually explicit conduct prohibited; minor defined 1437 MISDEMEANOR OFFENSES Good-time allowances for persons confined for such 1340 MISDEMEANORPUNISHMENT Exploitation of minors in sexually explicit conduct 1437 MONTGOMERY COUNTY Board of commissionerscompensation and expenses of members 4149 MOTIONS FOR NEW TRIAL Forms in civil and criminal cases 702 MOTOR COMMON CARRIERS Suspension or cancellation of operating authority 529 Temporary emergency authority to provide service 462 MOTORCYCLES Liability insurance required 726 MOTOR FUEL TAX REPORTS Criminal penalties for failure to file 1834 MOTOR TRUCKS Maximum width, length and weight changed 1798 MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW Amended 938 MOTOR VEHICLES, LICENSING AND REGISTERING University of Georgia bicentennial special license plates, issuance authorized 1466 MOTOR VEHICLE SAFETY Child restraint devices required while transporting certain childrenpenalties for violation 1464 Common, contract and private carriersinspection of vehicles on request 735 MOTOR VEHICLE TAG REGISTRATION Fees for restoration of suspended registrations 487
Page 5054
MOTOR VEHICLES Unlawful to affix material to windashield or front door windows so as to obstruct vision into vehicle 1300 MOTOR VEHICLES, REGISTRATION AND LICENSING Duty of owner to report theft of license plates 676 MUNICIPAL CORPORATIONS See also Tabular IndexMunicipal CorporationsNamed Cities ; MunicipalitiesHome Rule Amendments Copies of resolutions activating development authoritiesfiling with secretary of state 1346 Home rule powers 468 Powers of annexation restricted 545 MUNICIPAL ELECTIONS Costs where conducted by certain counties (175,000-185,000) 402 MUNICIPAL RECORDERS' AND POLICE COURTS See Tabular IndexSame Title MURRAY COUNTY New board of education createdreferendum 3611 N NATURAL GUARDIANS OF MINORS Conditions requiring bond changed 669 NEWTON COUNTY Homestead exemptionreferendum 3814 Probate courtprocedure, prosecutions for violation of county ordinances 4350 Small claims courtfees 3750 NONNARCOTIC SUBSTANCES Certain such excluded from schedule of controlled substances 349 NONPROFIT CONTRACTORS Annual audit reports 641 NONRESIDENTS Personal jurisdiction over in certain domestic relations cases 1304 NONRESIDENT MOTOR COMMON CARRIERS Designation of agent for service of process 1474
Page 5055
NONRESIDENT MOTOR CONTRACT CARRIERS Designation of agent for service of process 1474 NONRESIDENT STUDENTS Exemption from motor vehicle registration and driver's licensing in certain cases 638 NORTH GEORGIA COLLEGE Military scholarships 778 NORWOOD, TOWN OF Mayor and councilmenterms changed 4210 NUCLEAR PHARMACY LAW Enacted 790 O OAKWOOD, CITY OF Recorders' courtmaximum fines 3691 OCMULGEE JUDICIAL CIRCUIT Grand juries 419 Terms of court 415 OCONEE COUNTY Board of commissionerscompensation of chairman and members 3800 OCONEE, TOWN OF Recorders' courtauthority to punish 3783 OFFENSES AGAINST PUBLIC ORDER AND SAFETY Injury to a police dog 528 OFFICE OF ENERGY RESOURCES Establish, powers, duties, etc. 1539 OFFICIAL CODE OF GEORGIA ANNOTATED See also Tabular IndexOfficial Code of Georgia Annotated Amended 3 OPERATING MOTOR VEHICLE WHILE INTOXICATED Punishment 1000 OUTDOOR ADVERTISING Placement restrictednotice required 471
Page 5056
P PALMETTO, CITY OF Corporate limits extended 4110 Corporate limits extended 4134 PARDONS AND PAROLES Limitation on grant in certain cases 523 PARENT AND CHILD Liability of father to support child born out of wedlock 1816 PARTITIONING OF PROPERTY HELD IN COMMON Sale of interests of petitioners 1182 P.D. OIL AND CHEMICAL STORAGE, INC. Easement 975 PEACE OFFICER AND PROSECUTOR TRAINING FUND ACT OF 1983 Enacted 1094 PENAL INSTITUTIONS Good-time allowances for persons confined for misdemeanor offenses 1340 PENSIONS Effect on benefits upon transfer of employees from county probation departments (550,000 or more) to department of offender rehabilitation 421 PERRY, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments New charter 4386 PHARMACISTS Qualifications for license 790 PHARMACISTS AND PHARMACIES Third-party prescription program act enacted 1441 PICKENS COUNTY Small claims court established 3524 PINEHURST, CITY OF Mayor and councilelection provisions changed 3684
Page 5057
PINEVIEW, TOWN OF Ad valorem taxauthority to imposeviolations of ordinancesauthority to punish 4004 PLUMBING CONTRACTORS Defined, regulated 424 PODIATRISTS Grounds for refusal or revocation of license 796 POOLER, TOWN OF Aldermanic boardcomposition 3865 POPULATION BILLS Limitation on passage by general assembly 1205 POST MORTEM EXAMINATIONS Time limit for release of body after same 728 POWDER SPRINGS Downtown development authorityvacancies in membership, etc. 4279 PRACTICE OF MEDICINE Reports relating to denials, revocations or restrictions of staff privileges, etc. 882 Requisites for taking licensing examination changed 881 PREPAID LEGAL SERVICES Insurance companies authorized to write plans, etc. 748 PRESCRIPTIONS FOR SCHEDULE III, IV AND V CONTROLLED SUBSTANCES Form and content 349 PRESENTENCE OR POSTSENTENCE INVESTIGATIONS Confidentiality 697 PRISON GUARD REDEFINED Respecting indemnification of law enforcement officers 1469 PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY Created; composition of authority; terms; powers; duties, etc. 1820 PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY ACT Short title changed 1820
Page 5058
PRIVATE DETECTIVE AND SECURITY AGENCIES Suspension of licenses 489 PROBATE COURTS See also Tabular Indexsame heading Costs in certain counties (38,000-38,200) 404 Judges minimum salary 482 Judgesproceeding when disqualifiedcertain counties (550,000 or more) 544 Schedule of costs changed 867 PROBATE IN SOLEMN FORM Petition for noticeservice by mail 511 PROBATION SYSTEM, STATE-WIDE DeKalb Countyapproval of county becoming a part 3982 PROBATIONERS Community service programslive-in attendants for disabled persons 1593 PROCESS, SERVICE Fees charged by secretary of state for accepting service on nonresidents 1474 PROCESS, SERVICE ON NONRESIDENTS Mannerhow perfected 1474 PROPERTY EXEMPT FROM LEVY AND SALE Requirements for eligibility, etc. 1170 PUBLIC OFFICERS AND EMPLOYEES Salaries of certain public officials 719 PUBLIC OFFICE-HOLDERS Eligibility requirements 930 PUBLIC OFFICIALS AND EMPLOYEES Conflict of interestcertain conduct prohibited 1326 PUBLIC RETIREMENT SYSTEMS LAW Enacted 1368 PUBLIC SAFETY, DEPARTMENT OF Issuance of free identification cards to certain persons 461 PUBLIC SCHOOL CHILDREN Screening for scoliosis authorized 1547
Page 5059
PUBLIC SERVICE COMMISSION Annual salary of members 1831 PUBLIC WORKS CONTRACTS Periodic paymentsretention limited 475 PURCHASE WITHOUT COMPETITIVE BIDDING Dollar limits changed as to certain state agencies 520 R RABUN COUNTY Board of commissionerscompensation of chairman and members 3716 Clerk superior courtcompensation 4155 RAILROAD COMPANIES Shareholders' annual meetings 445 REAL ESTATE BROKERS AND SALES PERSONS License feesrenewal of licenses, etc. 1411 REAL ESTATE TRANSFER TAX Effect of filing instrument as to notice 725 REAL PROPERTY TAXATION Preference where property devoted to bona fide agricultural purposes 1850 REDISTRICTING OF 4TH AND 5TH CONGRESSIONAL DISTRICTS 1981 plan 2C REFFNER, MARY D. Compensation 4381 RESIDENTIAL HOUSING Secondary market program 1228 RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW Definitions, applicability 515 RESTITUTION OF AMOUNT OF BAD CHECK, ETC. Made while offender serves a probated or suspended sentence, etc. 1189 RETAIL INSTALLMENT CONTRACTORS Fees charged for dishonored checks or drafts 1430
Page 5060
RETAIL SALES TAX Levy for metropolitan Atlanta rapid transit authority extended 1079 REVENUE SHORTFALL RESERVE Appropriation for fiscal 1983 authorized 1815 REYNOLDS, CITY OF Charter amendmentscompetitive bids 3875 Judge municipal courtqualifications 3875 RICHMOND COUNTY Civil courtcompensation of judges 4173 Constitutional amendmentconsolidation of county and City of Augusta tax assessors continued in force 4094 Compensation of certain officials changed 4173 Treasureroffice abolished 3863 Exemption of certain property from ad valorem taxation continued 4143 Limitations on local taxing jurisdictions continued 3870 Richmond County board of health continued 4702 Sheriff's merit system board created 4495 RIVERDALE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ROCKDALE COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Magistrate courtpractice, procedure, jurisdiction, etc. 3651 ROCKMART, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Recorderauthority to punish for law violations and contempt 4046 ROME, CITY OF Board of educationadditional memberelection of members, etc. 3641 Commission memberselectioncompensation 4188 ROSSVILLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments S SAFE DAMS STUDY COMMISSION Created 582 SALE CITY, CITY OF Mayor and councilmenterms and election procedures 3748
Page 5061
SALES TAX, JOINT COUNTY AND MUNICIPAL Distribution 1461 SALVAGE MOTOR VEHICLES OR PARTS Sale to an unlicensed dealer prohibited 699 SAPELO HERITAGE AUTHORITY Created 623 SAVANNAH, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Board of aldermenmanner of filling vacancies 3827 Board of public education for the City of Savannah and the County of Chathammembers' compensation 4153 City of Savannah and Chatham County school systemdistricts 3759 City of Savannah and Chatham County school systemterms of president and board membersreferendum 4039 Easement to resource recovery development authority 586 SCHOOL BUSES Certain laws relating to school buses inapplicable to publicly owned transit system 633 SCHOOL BUS DRIVERS Minimum salaries prescribed 1218 SCHOOLS, STATE AID TO LOCAL SYSTEMS Program of grants authorized 823 SCOLIOSIS Screening of public school children for same 1547 SCREVEN COUNTY State courtcompensation of judge and solicitor 3923 SECRETARY OF STATE Annual salary 1831 Copies of resolutions activating downtown development authorities to be filed with secretary of state 1346 Fees for accepting service of process on nonresidents 1474 SECRETARY OF STATE CORPORATIONS Minimum number of directors 506 SECRETARY OF THE SENATE Manner of election and term 494
Page 5062
SECURITIES DEALERS AND SALESMEN Exemption from requirement to provide surety bonds 781 SEMINOLE COUNTY Board of educationelection of members, manner of filling vacanciesprocedurescompensation 3994 SENATE Secretarymanner of election and term 494 Sergeant-at-arms provided 385 SERVICE MARKS Registration fees 1470 SHERIFFS' RETIREMENT FUND OF GEORGIA Additional member of board of commissioners, etc. 1185 SMALL CLAIMS COURTS Wilcox Countyestablished 3984 SMALL CLAIMS COURTS See Tabular Indexsame heading SOUTH COBB DEVELOPMENT AUTHORITY Area enlarged 4324 SOUTHERN JUDICIAL CIRCUIT Supplement to compensation of judge 753 SPALDING COUNTY Griffin-Spalding County development authoritypowers and duties defined 3834 Sale of certain tract located in Spalding County authorized 995 SPECIALIZED LAND TRANSACTIONS Georgia time-share act enacted 1255 STATE AND LOCAL BONDED OBLIGATIONS Purposes, etc. 839 STATE BOARD OF EDUCATION Manner of filling vacancies 495 STATE BOARD OF EQUALIZATION Appeals of tax assessments to same 1834
Page 5063
STATE BOARD OF MEDICAL EXAMINERS Directed to adopt certain rules 590 STATE BOARD OF PARDONS AND PAROLES Members, meetings, duties, etc. 500 STATE BOARD OF PHARMACY Authorize to delete drugs from list of dangerous drugs 349 STATE BOARD OF RECREATION EXAMINERS Termination date changed 679 STATE BOXING COMMISSION Created 941 STATE CONSTRUCTION INDUSTRY LICENSING BOARD Createdpowers, etc. 424 STATE COURTS See also Tabular Indexsame heading Jurisdiction, qualifications and compensation of judgesuniformity 1419 STATE LICENSED AND BONDED WAREHOUSES Financial statements of licensees and applicants 946 STATE MEDICAL EDUCATION BOARD Createdorganization, powers, etc. 951 STATE MERIT SYSTEM Covered employees defined 459 STATE REPRESENTATIVE DISTRICTS Composition of certain districts changed 1123 STATE REVENUE COMMISSIONERS Annual salary 1831 Qualifications for office 526 STATESBORO, CITY OF Recorder's courtmaximum amount of fines authorized 4247 STATE TOLLWAY AUTHORITY Maintenance and operational assistance by department of transportation 635
Page 5064
STATE WATER WELL STANDARDS ADVISORY COUNCIL Termination date changed 478 STATE-WIDE FIRE PROTECTION STUDY COMMITTEE Resolution creating amended 999 STONE MOUNTAIN JUDICIAL CIRCUIT Judges' salary supplements 775 STRUCTURAL PEST CONTROL LAW Amended 739 SUMMERVILLE City managerposition created 4614 SUMTER COUNTY Clerk of superior court; probate court judge, sheriff, tax commissionerminimum compensationsupplements 4079 Sheriffcompensation 4002 Tax commissionercompensation 4000 SUPERIOR COURTS See also Tabular Indexsame heading Clerks' minimum annual salarydetermination of population in certain counties 581 Clerks' minimum annual salary fixed by county population 578 Clerk's retirement fundcharges for filing civil cases 555 Clerkstraining required 1306 Filing fees 1210 Judges' salary supplements, certain counties (38,000-39,000) 403 SUPREME COURT Terms, divisions, procedure, records, minutes, etc. 956 SUPPLEMENTARY APPROPRIATIONS ACT Enacted 159 T TALBOT COUNTY Board of commissionerselection of members, terms of office, etc. 4105 TATTNALL COUNTY Probate courtmethod of compensating judge changed 4270
Page 5065
TAX ASSESSORS AND TAX EQUALIZATION BOARDS, COUNTY Qualifications changed 576 TAXATION Banks and building and loan associations revised 1350 Execution and levy to collect fees, etc. due state 1834 TAXATION, AD VALOREM Date of making returns changed 1849 TAXATION, ASSESSMENTS Appeals to state board of equalization; procedures 1834 Service of notice of same 1834 TAXATIONDELINQUENT TAXES Rate of interest and penalty in certain counties (175,000-190,000) 752 TAX EXECUTION FEES Law relating to assessment of same changed 575 TAX EXECUTIONS Entry of satisfaction 1834 Garnishmentsjurisdiction over 1834 Proceeding for prevention of dormancy 1834 TAX SALES Amounts to be paid upon redemption 822 TAYLORSVILLE, TOWN OF Charter amendmentsreferendum 4161 TEACHERS RETIREMENT SYSTEM OF GEORGIA Beneficiaries authorized to act as teachers' aides or substitutes 949 Certified professional personnel defined 1859 Election of membership in employees retirement system of Georgia 1859 TECHNICIANS ASSISTING VETERINARIANS Laws regulating revised 705 TELEGRAPH COMPANIES Procedure for incorporation 859 TEMPORARY DISABILITY OF ELECTED CONSTITUTIONAL OFFICERS Procedures 1207
Page 5066
TEMPORARY GUARDIANS FOR MINORS Appointment in certain cases 692 TENANTS IN COMMON Sale of interests of petitioners for partition 1182 TERRELL COUNTY Small claims court costs 3711 THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 Amended 764 THE USED MOTOR VEHICLE DISMANTLERS, REBUILDERS AND SALVAGE DEALERS REGISTRATION ACT Amended 710 THIRD-PARTY PRESCRIPTION PROGRAM ACT Enacted 1441 THOMAS COUNTY Board of commissioners created, election, etc. 3605 Small claims courtelection of judge 3902 THOMASTON, CITY OF Board of educationmethod of selecting members changed 3506 Thomaston-Upson county office building authoritypowers defined 3951 THOMPSON, GEORGE W. Bridge designated 4091 TICKET SCALPING Prohibitedservice charges authorized 1468 TIFT COUNTY Board of commissionersauthority to fix salary of chairman 3954 Board of commissionersauthority to fix salary of tax commissioner 3956 TIFTON-TIFT COUNTY Charter commission act enacted 3590 TIME-SHARE ESTATES Georgia time-share act enacted 1255
Page 5067
TOOMBS CIRCUIT Lincoln County grand jury terms 774 TOWNS COUNTY Georgia mountain fair authorityqualifications of membersproject defined 3776 Probate judgemanner of compensating 4620 Sheriffcompensationdeputies authorizedcompensationcounty automobiles 4074 TRADEMARKS Registration fees 1470 TRAINERS, ATHLETIC Licensing 444 TREASURERS, COUNTY Jasper Countyoffice abolished 4605 Manner of electionterms of office 1212 Richmond Countyoffice abolished 3863 TUCKER, MAMIE O. ESTATE Land conveyance 969 TUCKER, W.R., HEIRS AND OTHERS Land conveyance 969 TURNER, MYRTIE VERA Land conveyance 969 TURNER, MYRTIE VERA, AND CLINTON W., AS EXECUTORS OF ESTATE OF MAMIE O. TUCKER Land conveyance 969 TYBEE ISLAND, CITY OF Charter amendmentsreferendum 3586 TYRONE, TOWN OF Councilmen, termselection 4704 U UNEMPLOYMENT COMPENSATION Maximum weekly benefit increased 1592
Page 5068
UNION POINT, CITY OF Authority to assess fines and punishment 4061 UNION COUNTY Board of educationelection of members, vacancies, etc.referendum 4514 UNIVERSITY OF GEORGIA BICENTENNIAL SPECIAL LICENSE PLATES Issuance authorized 1466 UPSON COUNTY Thomaston-Upson County office building authoritypowers defined 3951 USED CAR DEALERS Law regulating business changed 550 V VEHICLE EQUIPMENT SAFETY COMPACT Georgia withdrawn 691 VETERANS Office of commissioner of veterans service created 1401 VETERINARIANS, TECHNICIANS ASSISTING Laws regulating revised 705 VIDALIA, CITY OF Charter amendments 4362 VITAL RECORDS Delayed certificates of birth, etc. 732 VOLUNTEER FIREMAN Georgia firemen's pension fund, firemen, volunteer fireman defined 1310 VOTER REGISTRATION Certain qualifications revised and up-dated 930 W WALKER COUNTY Probate judgemaximum compensation of personnel 3721 Superior court clerkmaximum compensation of personnel 3724 Tax commissionercompensation of office personnel 3884
Page 5069
WALTON COUNTY Sheriff's officebenefits to personnel, etc. 4357 WALTON, RICHARD Compensation 4380 WATER AND SEWER AUTHORITY, ETOWAH Members qualifications and manner of electing 3718 WATER AND SEWERAGE AUTHORITIES Macon-Bibb County act amended 3509 WATKINSVILLE, CITY OF New charter enacted 4625 WAYNE COUNTY State courtcompensation of judge and solicitor 3931 Superior courtcompensation of clerk 3933 WHEELER COUNTY Commissioncompensation changed 4151 WHITE, MRS. MARGARET BURKE Land conveyance 592 WHITE PLAINS, CITY OF New charter enacted 4665 WILCOX COUNTY Small claims court established 3984 WILDLIFE, HUNTING Use of crossbows by handicapped persons permitted, etc. 664 WILKINSON COUNTY Board of commissionerselection, meetings, etc. 3699 Board of commissionersmembers' compensation 3697 Board of educationelection of successor board; districts, terms of office, etc. 3911 WINES, FARM PRODUCED Sales authorized and regulated 1116 WINTERVILLE, CITY OF Police courtpunishment authority 3707
Page 5070
WORKERS' COMPENSATION Duty of board to inform injured worker of rights 700 Expenses of deceased employee's last illness and burial expenses changed 700 WORTH COUNTY Small claims courtjurisdictional amounttenure of judgefees and costs 3960 WRITINGS AS EVIDENCE, AUTHENTICATION Writings which may be received, etc. 525 WRITS OF POSSESSION Issuance to owners of rented or leased personal property 724
Page 5071
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_,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 7,318 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 6,930 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 5074
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 5076
MEMBERS OF THE GENERAL ASSEMBLY GEORGIA STATE SENATE COUNTY Senatorial District Appling 6,20 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 31, 52 Ben Hill 13 Berrien 7 Bibb 18,26,27 Bleckley 19 Brantley 6 Brooks 8 Bryan 3, 4 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 29, 30 Catoosa 53, 54 Charlton 6 Chatham 1, 2, 3 Chattah'ee 11, 15 Chattooga 53 Cherokee 37, 51 Clarke 46 Clay 11 Clayton 17, 44 Clinch 7 Cobb 32, 33, 37, 56 Coffee 19 Colquitt 10, 13 Columbia 23 24 Cook 8 Coweta 28 Crawford 27 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41/43, 55 Dodge 19 Dooly 13 Dougherty 12 Douglas 30, 34 Early 11 Echols 8 Effingham 4 Elbert 47 Emanuel 21 Evans 4 Fannin 51 Fayette 34 Floyd 52 Forsyth 49, 56 Franklin 47 Fulton 34/36, 38/40 56 Gilmer 51 Glascock 21 Glynn 3, 6 Gordon 51 Grady 10 Greene 24 Gwinnett 9, 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17 Houston 18 Irwin 13 Jackson 46, 47 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 27 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 4 Lowndes Lumpkin 50 Macon 14 Madison 47 Marion 16 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 11 Monroe 27 Montgomery 20 Morgan 25 Murray 54 Muscogee 15,16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31 Peach 14 Pickens 51 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22, 23 Rockdale 45 Schley 14 Screven 21 Seminole 11 Spalding 28 Stephens 50 Stewart 11 Sumter 14 Talbot 16 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 7 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 27 Walker 53 Walton 45 Ware 7 Warren 24 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13
Page 5078
SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1981-1982 District Name Address 22 Thomas F. Allgood P.O. Box 1523, Augusta 30903 18 Ed Barker P.O. Box KK, Warner Robins 31099 33 Roy E. Barnes Suite 225, 166 Anderson St., Marietta 30060 39 Julian Bond 361 West View Dr. SW, Atlanta 30310 13 Rooney L. Bowen 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 C. Broun 165 Pulaski St., Athens 30610 47 M. Parks Brown P.O. Box 37, Hartwell 30643 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 5 Joe Burton 2598 Woodwardia Rd, NE, Atlanta 30345 28 Kyle Cobb P.O. Box 1010, Griffin 30224 35 Frank E. Coggin 201 Victoria Lane, Hapeville 30354 1 J. Tom Coleman P.O. Box 22398, Savannah 31403 40 Paul D. Coverdell 2015 Peachtree St. NE, Atlanta 30309 45 Harrill L. Dawkins 2319 Rolling Acres Ct., Conyers 30207 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 31 Nathan Dean 340 Wingfoot St., Rockmart 30153 21 Bill English 214 Golf Dr., Swainsboro 30401 34 Bev Engram 749 Pinehurst Dr., P.O. Box 367, Fairburn 30213 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 25 Azalea Trail, Carrollton 30117 20 Hugh M. Gillis P.O. Box 148, Soperton 30457 26 Richard L. Greene Suite 517, Trust Co. Bank Bldg., Macon 31201 27 W. F. (Billy) Harris 1261 Willingham Springs Rd., Thomaston 30286 37 Carl Harrison P.O. Box 1374, Marietta 30061 29 J. Render Hill P.O. Box 246, Greenville 30222 52 Edward Hine, Jr. P.O. Box 5511, Rome 30161 12 Al Holloway P.O. Box 588, Albany 31702 17 Janice S. Horton 430 Burke Circle, McDonough 30253 42 Pierre Howard 1000 First National Bank Bldg., Decatur 30030 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 53 Waymond C. Huggins P.O. Box 284, LaFayette 30728 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 25 Culver Kidd P.O. Box 370, Milledgeville 31061 16 Ted J. Land 1069 Standing Boy Court, Columbus 31904 23 Jimmy Lester First Federal Savings Bldg., Augusta 30901 6 Bill Littlefield Resigned 24 Sam P. McGill P.O. Box 520, Washington 30673 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 48 Donn M. Peevy 508 Spring Lake Rd., P.O. Box 862, Lawrenceville 30246 7 Ed Perry Route 2, Nashville 31639 9 R. T. (Tom) Phillips 1703 Pounds Rd., Stone Mountain 30087 2 Albert (Al) Scott 738 E. Victory Dr., P.O. Box 1704, Savannah 31402 36 David Scott 190 Wendell Dr. SE, Atlanta 30315 43 Thomas R. Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 38 Horace Tate 621 Lilla Dr. SW, Atlanta 30310 32 Joe Thompson P.O. Box 1045, Smyrna 30081 11 Jimmy Hodge Timmons 132 Woodlawn, Blakely 31723 10 Paul Trulock P.O. Box 68, Climax 31734 8 Loyce W. Turner 608 Howellbrook Dr., Valdosta 31601 41 James W. (Jim) Tysinger 3781 Watkins Place NE, Atlanta 30319 19 Ronnie Walker P.O. Box 461, McRae 31055
Page 5080
MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1981-82 District Name Address 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 2 Albert (Al) Scott 738 E. Victory Dr., P.O. Box 1704 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 5 Joe Burton 2598 Woodwardia Rd. NE, Atlanta 30345 6 Bill Littlefield Resigned 7 Ed Perry Route 2, Nashville 31639 8 Loyce W. Turner 608 Howellbrook Dr., Valdosta 31601 9 R. T. (Tom) Phillips 1703 Pounds Rd., Stone Mountain 30087 10 Paul Trulock P.O. Box 68, Climax 31734 11 Jimmy Hodge Timmons 132 Woodlawn, Blakely 31723 12 Al Holloway P.O. Box 588, Albany 31702 13 Rooney L. Bowen 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 1069 Standing Boy Court, 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 M. Gillis P.O. Box 148, Soperton 30457 21 Bill English 214 Golf Dr., Swainsboro 30401 22 Thomas F. Allgood P.O. Box 1523, Augusta 30903 23 Jimmy Lester First Federal Savings Bldg., Augusta 30901 24 Sam P. McGill P.O. Box 520, Washington 30673 25 Culver Kidd P.O. Box 370, Milledgevile 31061 26 Richard L. Greene Suite 517, Trust Co. Bank Bldg., Macon 31201 27 W. F. (Billy) Harris 1261 Willingham Springs Rd., Thomaston 30286 28 Kyle Cobb P.O. Box 1010, Griffin 30224 29 J. Render Hill P.O. Box 246, Greenville 30222 30 Wayne Garner 25 Azalea Trail, Carrollton 30117 31 Nathan Dean 340 Wingfoot St., Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30081 33 Roy E. Barnes Suite 225, 166 Anderson St., Marietta 30060 34 Bev Engram 749 Pinehurst Dr., P.O. Box 367, Fairburn 30213 35 Frank E. Coggin 201 Victoria Lane, Hapeville 30354 36 David Scott 190 Wendell Dr., SE, Atlanta 30315 37 Carl Harrison P.O. Box 1374, Marietta 30061 38 Horace E. Tate 621 Lilla Dr. SW, Atlanta 30310 39 Julian Bond 361 West View Dr. SW, Atlanta 30310 40 Paul D. Coverdell 2015 Peachtree St. NE, Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Place NE, Atlanta 30319 42 Pierre Howard 1000 First National Bank Bldg. Decatur 30030 43 Thomas R. Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 45 Harrill L. Dawkins 2319 Rolling Acres Ct., Conyers 30207 46 Paul C. Broun 165 Pulaski St., Athens 30610 47 M. Parks Brown P.O. Box 37, Hartwell 30643 48 Donn M. Peevy 508 Spring Lake Rd., P.O. Box 862 Lawrenceville 30246 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 Edward Hine, Jr. P.O. Box 5511, Rome 30161 53 Waymond C. Huggins P.O. Box 284, 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 5082
GEORGIA HOUSE OF REPRESENTATIVES County House District Appling 153 Atkinson 139, 150 Bacon 152 Baker 140 Baldwin 105, 107 Banks 11, 12 Barrow 64 Bartow 15, 19 Ben Hill 137 Berrien 146 Bibb 99/103 Bleckley 117 Brantley 152, 153 Brooks 147 Bryan 126, 129 Bulloch 110, 111 Burke 108, 110 Butts 78 Calhoun 131 Camden 151, 152 Candler 109 Carroll 69, 70, 71 Catoosa 2, 3 Charlton 150, 151 Chatham 122/128 Chattahoochee 112, 130 Chattooga 5 Cherokee 8, 10 Clarke 13, 67, 68 Clay 131 Clayton 72 Clinch 150 Cobb 20, 21 Coffee 139 Colquitt 144, 145 Columbia 83, 84 Cook 146 Coweta 71, 75, 77, 91 Crawford 80, 98 Crisp 135 Dade 1, 5 Dawson 9 Decatur 141, 142 DeKalb 43, 58 Dodge 118 Dooly 135 Daugherty 132/134, 140 Douglas 41, 42, 70 Early 140 Echols 147 Effingham 129 Elbert 14 Emanuel 109 Evans 121 Fannin 4 Fayette 43 Floyd 15, 16 Forsyth 10 Franklin 13 Fulton 22/40 Gilmer 4 Glascock 82 Glynn 155, 156 Gordon 7 Grady 142 Greene 106 Gwinnett 9, 59/64 Habersham 11 Hall 9 Hancock 106 Haralson 18 Harris 93 Hart 13 Heard 77 Henry 73, 78 Houston 113/115 Irwin 137 Jackson 12 Jasper 80 Jeff Davis 153 Jefferson 82, 108 Jenkins 110 Johnson 107, 19 Jones 80, 104 Lamar 78 Lanier 149 Laurens 118, 119 Lee 131, 136 Liberty 129, 154 Lincoln 82 Long 121 Lowndes 147, 148, 149 Lumpkin 4 Macon 98, 115 Madison 13, 14 Marion 112 McDuffie 84 McIntosh 156 Meriwether 91 Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 66 Murray 3 Muscogee 92/97 Newton 66, 74 Oconee 66 Oglethorpe 14 Paulding 18, 41 Peach 98 Pickens 8 Pierce 152 Pike 75, 79 Polk 17, 18 Pulaski 117 Putnam 106 Quitman 130 Rabun 4 Randolph 130 Richmond 85/90 Rockdale 57 Schley 112 Screven 110, 111 Seminole 141 Spalding 75, 76 Stephens 11 Stewart 130 Sumter 116 Talbot 91 Taliaferro 82 Tatnall 121 Taylor 112 Telfair 118, 137 Terrell 131 Thomas 142, 143, 144 Tift 138, 146 Toombs 120, 153 Towns 4 Treutlen 120 Troup 77, 81 Turner 117, 136 Twiggs 104 Union 4 Upson 79 Walker 1, 5 Walton 65 Ware 150, 151 Warren 82 Washington 107 Wayne 153 Webster 130 Wheeler 120 White 11 Whitfield 3, 6 Wilcox 117 Wilkes 82 Wilkinson 104 Worth 136
Page 5084
MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1981-82 District Representative Address 56 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 36 G. D. Adams 3417 Northside Dr. Hapeville 30354 16 John Adams 7 E. Creekview Dr. Rome 30161 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 21-Post 1 Fred Aiken 4020 Pineview Dr. SE Smyrna 30080 57-Post 3 Dean Alford 20 Willowick Dr. Decatur 30033 127 Roy L. Allen 1406 Law Dr. Savannah 31401 8-Post 1 Wendell T. Anderson, Sr. RFD 4 Canton 30114 68 Bob Argo P.O. Box 509 Athens 30603 57-Post 1 Troy A. Athon 1161 Valley Dr. NE Conyers 30207 21-Post 3 Bill Atkins 4719 Windsor Dr. Smyrna 30080 156 Dean G. Auten 628 King Cotton Row Brunswick 31520 72-Post 5 Frank I. Bailey, Jr. P.O. Box 777 Riverdale 30274 140 Ralph J. Balkcom Route 1 Blakely 31723 108 Emory E. Bargeron P.O. Box 447 202 E. Fifth St. Louisville 30434 90 Travis Stanley Barnes 407 Aumond Rd. Augusta 30904 10 Bill H. Barnett P.O. Box 755 Cumming 30130 59 O. M. (Mike) Barnett 1472 Ridgewood Dr. Lilburn 30247 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane Atlanta 30311 104 Kenneth W. (Ken) Birdsong Route 1 Gordon 31031 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 30 Paul Bolster 1043 Ormewood Ave. SE Atlanta 30316 138 Henry Bostick P.O. Box 94 Tifton 31794 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 91 Claude A. Bray, Jr. P.O. Box 549 Manchester 31816 34 Tyrone Brooks Station A, P.O. Box 11185 Atlanta 30310 88 George M. Brown P.O. Box 1114 Augusta 30903 154 Joe E. Brown 114 N. Commerce St. Hinesville 31313 95 Thomas B. Buck III P.O. Box 196 Columbus 31902 20-Post 2 A. L. (Al) Burruss P.O. Box 6338 Marietta 30065 153-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 146 Hanson Carter 808 River Rd. Nashville 31639 133 Tommy Chambless 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-Post 1 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 53 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 106 Jesse Copelan, Jr. P.O. Box 109 Eatonton 31024 40 Barbara H. Couch 2864 W. Roxboro Rd. NE 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 17 Bill Cummings Route 1 508 Morgan Valley Rd. Rockmart 30153 20-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 33 J. C. Daugherty 202 Daugherty Bldg. 15 Chestnut St. SW Atlanta 30314 45 J. Max Davis 1177 W. Nancy Creek Dr. NE Atlanta 30319 29 Douglas C. Dean 356 Arthur St. SW Atlanta 30310 151 Harry D. Dixon 1303 Coral Rd. Waycross 31501 74 Denny M. Dobbs 125 Hardwick Dr. Covington 30209 11-Post 1 William J. Dover Timbrook, Route 2 Clarkesville 30523 73 Wesley Dunn P.O. Box 1014 McDonough 30253 112 Ward Edwards P.O. Box 146 Butler 31006 84 Warren D. Evans P.O. Box 539 Thomson 30824 22 Dorothy Felton 465 Tanacrest Dr. NW Atlanta 30328 6-Post 2 Philip A. (Phil) Foster 411 College Dr. Apt. E 16 Dalton 30720 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 122 Ron Ginsberg P.O. Box 10105 Savannah 31412 110 John F. Godbee 401 Lane St. Brooklet 30415 63 Bill Goodwin 6427 Apple Tree Way Norcross 30092 130 Gerald E. Greene Route 3, Box 119 Cuthbert 31740 39 John W. Greer 925 Healey Bldg. Atlanta 30303 99 Denmark Groover, Jr. P.O. Box 755 Macon 31202 124 DeWayne Hamilton P.O. Box 14562 Savannah 31406 31 Mrs. Grace T. Hamilton 582 University Place NW Atlanta 30314 131 Bob Hanner Route 1 Parrott 31777 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 1-Post 2 Forest Hays, Jr. Route 2 Flintstone 30725 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 96 Milton Hirsch 2718 Cora Dr. Columbus 31906 72-Post 3 C. E. (Ed) Holcomb P.O. Box 122 Jonesboro 30237 28 Bob Holmes 2929 Landrum Dr. SW #D-25 Atlanta 30311 116 George Hooks P.O. Box 928 Americus 31709 103 Frank Horne, Jr. 850 Walnut St. Macon 31201 117 Newt Hudson Route 1, Box 298 Rochelle 31079 11 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 21-Post 2 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 65 Neal Jackson 316 N. Broad St. Monroe 30655 83 William S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 123 Diane Harvey Johnson 1201 E. Duffy St. P.O. Box 5544 Savannah 31404 21-Post 4 Frank B. Johnson 436 Concord Rd. Smyrna 30080 70 Gerald Johnson P.O. Box 815 Carrollton 30117 72-Post 4 Rudolph Johnson 5604 Reynolds Rd. Morrow 30260 76 Suzi Johnson P.O. Box 124 Orchard Hill 30266 78 Bill Jones P.O. Box 3933 Jackson 30233 109 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 66 E. Roy Lambert P.O. Box 169 Madison 30650 111 Bob Lane 105 Wilton Dr. Statesboro 30458 27 Dick Lane 2704 Humphries St. East Point 30344 20-Post 5 Terry Lawler 4887 Mosley Rd. Clarkdale 30020 49 Tom Lawrence 2283 Stratmor Dr. Stone Mountain 30087 9-Post 2 Bobby Lawson 1237 Dixon Circle Gainesville 30501 72-Post 1 Bill Lee 5325 Hillside Dr. Forest Park 30050 44 John Linder 5039 Winding Branch Dr. Dunwoody 30338 67 Hugh Logan 1328 Prince Ave. Athens 30601 142 Bobby Long 1466 6th St., NW Cairo 31728 107 Jimmy Lord P.O. Box 254 Sandersville 31082 102 David E. Lucas 448 Woolfolk St. Macon 31201 25 John M. Lupton 2220 Peachtree NW Atlanta 30309 7 J. C. Maddox Route 1 Calhoun 30701 57-Post 2 William C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 26 Sidney J. Marcus 845 Canterbury Rd. NE Atlanta 30324 60 Charles C. Martin 470 Hill St. Buford 30518 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 12 Lauren (Bubba) McDonald, Jr. Route 5 Dogwood Trail Commerce 30529 15-Post 2 Forrest L. McKelvey 104 Hooper St., RFD 1 Lindale 30147 35 J. E. (Billy) McKinney 765 Shorter Terrace NW Atlanta 30318 155 N. Shaw McVeigh P.O. Box 1542 Brunswick 31521 13-Post 2 Billy Milford Route 3 Hartwell 30643 61 Rex A. Millsaps 737 Nottingham Dr. Lawrenceville 30245 153-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 139 James C. Moore Route 2 West Green 31567 47 Chesley V. Morton 3069-B Colonial Way Chamblee 30341 75 John L. Mostiler 150 Meadovista Dr. Griffin 30223 126 Anne Mueller 13013 Hermitage Rd. Savannah 31406 81 Ed Mullinax P.O. Drawer 1649 LaGrange 30241 18 Thomas B. Murphy P.O. Drawer 1076 Bremen 30110 121 Clinton Oliver P.O. Box 237 Glennville 30427 86 Mike Padgett Route 1, Box 5 Augusta 30906 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 19 Boyd Pettit P.O. Box 1256 Cartersville 30120 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 120 L. L. (Pete) Phillips P.O. Box 166 Soperton 30457 93 W. Randolph Phillips Route 1 Shiloh 31826 100 Frank C. Pinkston 850 Walnut St. Macon 31201 119 Dubose Porter 125 N. Franklin St. Dublin 31021 135 Howard H. Rainey 913 Third Ave., E Cordele 31015 3 Tom Ramsey P.O. Box 1130 Chatsworth 30705 101 William C. (Billy) Randall 2770 Hillcrest Ave. Macon 31204 98 Robert Ray Route 1, Box 189 Fort Valley 31030 147 Henry L. Reaves Route 2, Box 80 Quitman 31643 50 Frank L. Redding, Jr. P.O. Box 117 Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 58 Cas Robinson 4720 Fellswood Dr. Stone Mountain 30083 82 Ben Barron Ross P.O. Box 245 Lincolnton 30817 64 John D. Russell P.O. Box 588 Winder 30680 32 Mrs. Helen Selman Jones Ferry Rd., Box 315 Palmetto 30268 71 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 143 Allen Sherrod Route 1 Coolidge 31738 37 Georganna Sinkfield 179 Tonawanda Dr., S.E. Atlanta 30315 136 Earleen Sizemore Route 3 Sylvester 31791 152 Tommy Smith Route 1 Alma 31510 92 Calvin Smyre P.O. Box 181 Columbus 31902 46 Cathey W. Steinberg 1732 Dunwoody Place NE Atlanta 30324 69 Charles Thomas P.O. Box 686 Temple 30179 20-Post 4 Steve Thompson 4265 Bradley Dr. Austell 30001 24 Kiliaen V. R. (Kil) Townsend 3390 Peachtree Rd. NE Atlanta 30326 128 Tom Triplett P.O. Box 9586 Savannah 31402 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 80 Kenneth Waldrep 87 N. Lee St. Forsyth 31029 85 Charles W. Walker 1402 Twelfth St. Augusta 30901 115 Larry Walker P.O. Box 1234 Perry 31069 77 J. Crawford Ware P.O. Box 305 Hogansville 30230 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 41 Charlie Watts 505 Hardee St. Dallas 30132 132 John White P.O. Box 3506 Albany 31706 62 Thomas Hulet (Tom) White 404 James St. Lilburn 30247 21-Post 5 Tom Wilder 2920 Rockbridge Rd. Marietta 30066 48 Betty Jo Williams 2024 Castleway Dr. NE Atlanta 30345 54 Hosea L. Williams, Sr. 8 E. Lake Dr. NE Atlanta 30317 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 20-Post 1 Joe Mack Wilson 217 Church St. Marietta 30060 9-Post 1 Joe T. Wood P.O. Drawer 1417 Gainesville 30503 51 Ken Workman 3383 Hyland Dr. Decatur 30032 14 Charles W. Yeargin P.O. Box 584 Elberton 30635 134 Mary Young 423 Holloway Ave. Albany 31705
Page 5092
MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1982-83 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 2 Forest Hays, Jr. Route 2 Flintstone 30725 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 3 Tom Ramsey 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 Philip A. (Phil) Foster 411 College Dr. Apt. E 16 Dalton 30720 7 J. C. Maddox Route 1 Calhoun 30701 8-Post 1 Wendell T. Anderson, Sr. RFD 4 Canton 30114 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 9-Post 1 Joe T. Wood P.O. Drawer 1417 Gainesville 30503 9-Post 2 Bobby Lawson 1237 Dixon Circle Gainesville 30501 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 10 Bill H. Barnett P.O. Box 755 Cumming 30130 11-Post 1 William J. Dover Timbrook, Route 2 Clarkesville 30523 11-Post 2 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 12 Lauren (Bubba) McDonald, Jr. Route 5 Dogwood Trail Commerce 30529 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 13-Post 2 Billy Milford Route 3 Hartwell 30643 14 Charles W. Yeargin P.O. Box 584 Elberton 30635 15-Post 1 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 15-Post 2 Forrest L. McKelvey 104 Hooper St., RFD 1 Lindale 30147 16 John Adams 7 E. Creekview Dr. Rome 30161 17 Bill Cummings Route 1 508 Morgan Valley Rd. Rockmart 30153 18 Thomas B. Murphy P.O. Drawer 1076 Bremen 30110 19 Boyd Pettit P.O. Box 1256 Cartersville 30120 20-Post 1 Joe Mack Wilson 217 Church St. Marietta 30060 20-Post 2 A. L. (Al) Burruss P.O. Box 6338 Marietta 30065 20-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 20-Post 4 Steve Thompson 4265 Bradley Dr. Austell 30001 20-Post 5 Terry Lawler 4887 Mosley Rd. Clarkdale 30020 21-Post 1 Fred Aiken 4020 Pineview Dr. SE Smyrna 30080 21-Post 2 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 21-Post 3 Bill Atkins 4719 Windsor Dr. Smyrna 30080 21-Post 4 Frank B. Johnson 436 Concord Rd. Smyrna 30080 21-Post 5 Tom Wilder 2920 Rockbridge Rd. Marietta 30066 22 Dorothy Felton 465 Tanacrest Dr. NW Atlanta 30328 23 Luther S. Colbert 495 Houze Way Roswell 30076 24 Kiliaen V. R. (Kil) Townsend 3390 Peachtree Rd. NE Atlanta 30326 25 John M. Lupton 2220 Peachtree NW Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Rd. NE Atlanta 30324 27 Dick Lane 2704 Humphries St. East Point 30344 28 Bob Holmes 2929 Landrum Dr. SW #D-25 Atlanta 30311 29 Douglas C. Dean 356 Arthur St. SW Atlanta 30310 30 Paul Bolster 1043 Ormewood Ave. SE Atlanta 30316 31 Mrs. Grace T. Hamilton 582 University Place NW Atlanta 30314 32 Mrs. Helen Selman Jones Ferry Rd., Box 315 Palmetto 30268 33 J. C. Daugherty 202 Daugherty Bldg. 15 Chestnut St. SW Atlanta 30314 34 Tyrone Brooks Station A, P.O. Box 11185 Atlanta 30310 35 J. E. (Billy) McKinney 765 Shorter Terrace NW Atlanta 30318 36 G. D. Adams 3417 Northside Dr. Hapeville 30354 37 Georganna T. Sinkfield 179 Tonawanda Dr., S.E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane Atlanta 30311 39 John W. Greer 925 Healey Bldg Atlanta 30303 40 Barbara H. Couch 2864 W. Roxboro Rd. NE Atlanta 30324 41 Charlie Watts 505 Hardee St. Dallas 30132 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 44 John Linder 5039 Winding Branch Dr. Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr. NE Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place NE Atlanta 30324 47 Chesley V. Morton 3069-B Colonial Way Chamblee 30341 48 Betty Jo Williams 2024 Castleway Dr. NE Atlanta 30345 49 Tom Lawrence 2283 Stratmor Dr. Stone Mountain 30087 50 Frank L. Redding, Jr. P.O. Box 117 Decatur 30030 51 Ken Workman 3383 Hyland Dr. Decatur 30032 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 54 Hosea L. Williams, Sr. 8 E. Lake Dr. NE Atlanta 30317 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 56 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 57-Post 1 Troy A. Athon 1161 Valley Dr. NE Conyers 30207 57-Post 2 William C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 57-Post 3 Dean Alford 20 Willowick Dr. Decatur 30033 58 Cas Robinson 4720 Fellswood Dr. Stone Mountain 30083 59 O. M. (Mike) Barnett 1472 Ridgewood Dr. Lilburn 30247 60 Charles C. Martin 470 Hill St. Buford 30518 61 Rex A. Millsaps 737 Nottingham Dr. Lawrenceville 30245 62 Thomas Hulet (Tom) White 404 James St. Lilburn 30247 63 Bill Goodwin 6427 Apple Tree Way Norcross 30092 64 John D. Russell P.O. Box 588 Winder 30680 65 Neal Jackson 316 N. Broad St. Monroe 30655 66 E. Roy Lambert P.O. Box 169 Madison 30650 67 Hugh Logan 1328 Prince Ave. Athens 30601 68 Bob Argo P.O. Box 509 Athens 30603 69 Charles Thomas P.O. Box 686 Temple 30179 70 Gerald Johnson P.O. Box 815 Carrollton 30117 71 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 72-Post 1 Bill Lee 5325 Hillside Dr. Forest Park 30050 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 C. E. (Ed) Holcomb P.O. Box 122 Jonesboro 30237 72-Post 4 Rudolph Johnson 5604 Reynolds Rd. Morrow 30260 72-Post 5 Frank I. Bailey Jr. P.O. Box 777 Riverdale 30274 73 Wesley Dunn P.O. Box 1014 McDonough 30253 74 Denny M. Dobbs 125 Hardwick Dr. Covington 30209 75 John L. Mostiler 150 Meadovista Dr. Griffin 30223 76 Suzi Johnson P.O. Box 124 Orchard Hill 30266 77 J. Crawford Ware P.O. Box 305 Hogansville 30230 78 Bill Jones P.O. Box 3933 Jackson 30233 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 80 Kenneth Waldrep 87 N. Lee St. Forsyth 31029 81 Ed Mullinax P.O. Drawer 1649 LaGrange 30241 82 Ben Barron Ross P.O. Box 245 Lincolnton 30817 83 William S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 84 Warren D. Evans P.O. Box 539 Thomson 30824 85 Charles W. Walker 1402 Twelfth St. Augusta 30901 86 Mike Padgett Route 1, Box 5 Augusta 30906 87 Jack Connell P.O. Box 308 Augusta 30903 88 George M. Brown P.O. Box 1114 Augusta 30903 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 90 Travis Stanley Barnes 407 Aumond Rd. Augusta 30904 91 Claude A. Bray, Jr. P.O. Box 549 Manchester 31816 92 Calvin Smyre P.O. Box 181 Columbus 31902 93 W. Randolph Phillips Route 1 Shiloh 31826 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 95 Thomas B. Buck III P.O. Box 196 Columbus 31902 96 Milton Hirsch 2718 Cora Dr. Columbus 31906 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 98 Robert Ray Route 1, Box 189 Fort Valley 31030 99 Denmark Groover, Jr. P.O. Box 755 Macon 31202 100 Frank C. Pinkston 850 Walnut St. Macon 31201 101 William C. (Billy) Randall 2770 Hillcrest Ave. Macon 31204 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Frank Horne, Jr. 850 Walnut St. Macon 31201 104 Kenneth W. (Ken) Birdsong Route 1 Gordon 31031 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 106 Jesse Copelan, Jr. P.O. Box 109 Eatonton 31024 107 Jimmy Lord P.O. Box 254 Sandersville 31082 108 Emory E. Bargeron P.O. Box 447 202 E. Fifth St. Louisville 30434 109 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 110 John F. Godbee 401 Lane St. Brooklet 30415 111 Bob Lane 105 Wilton Dr. Statesboro 30458 112 Ward Edwards P.O. Box 146 Butler 31006 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 Newt Hudson Route 1, Box 298 Rochelle 31079 118 Terry L. Coleman P.O. Box 157 Eastman 31023 119 DuBose Porter 125 N. Franklin St. Dublin 31021 120 L.L. (Pete) Phillips P.O. Box 166 Soperton 30457 121 Clinton Oliver P.O. Box 237 Glennville 30427 122 Ron Ginsberg P.O. Box 10105 Savannah 31412 123 Diane Harvey Johnson 1201 E. Duffy St. P.O. Box 5544 Savannah 31404 124 DeWayne Hamilton P.O. Box 14562 Savannsh 31406 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 126 Anne Mueller 13013 Hermitage Rd. Savannah 31406 127 Roy L. Allen 1406 Law Dr. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31402 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 130 Gerald E. Greene Route 3, Box 119 Cuthbert 31740 131 Bob Hanner Route 1 Parrott 31777 132 John White P.O. Box 3506 Albany 31706 133 Tommy Chambless P.O. Box 2008 Albany 31702 134 Mary Young 423 Holloway Ave. 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 31740 138 Henry Bostick P.O. Box 94 Tifton 31794 139 James C. Moore Route 2 West Green 31567 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West St. Bainbridge 31717 142 Bobby Long 1466 6th St., NW Cairo 31728 143 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 Hanson Carter 808 River Rd. Nashville 31639 147 Henry L. Reaves Route 2, Box 80 Quitman 31643 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 151 Harry D. Dixon 1303 Coral Rd. Waycross 31501 152 Tommy Smith Route 1 Alma 31510 153-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 153-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 154 Joe E. Brown 114 N. Commerce St. Hinesville 31313 155 Norman Shaw McVeigh P.O. Box 1542 Brunswick 31521 156 Dean G. Auten 628 King Cotton Row Brunswick 31520
Page 5100
STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1982 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 1981 10 2 8 1982 36 36 TOTALS 943 42 49 852
Page 5101
REFERENDUM ELECTIONS1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613
Page 5102
Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote : For202; Agn132 County vote : For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 City of Americus 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 Georgia Laws, 1955 : County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206
Page 5105
Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton Fulton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultire Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area vote : Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 2932 DeKalb City Court of Decatur 5-16-56 For12,520 3237 Agn5,846 DeKalb Multiple commission form of government 5-16-56 For18,393 (1 of 2) 3237 Agn2,001 DeKalb Commission Chairman 5-16-56 For: (a)4,743 (1 of 2) 2022 For: (b)15,300 Fayette Tax Commissioner 2-25-56 For292 3507 Agn37 Glascock Sheriffcompensation 3-14-56 For498 2502 Agn227 Gwinnett Tax Commissioner 11-6-56 For3,383 3166 Agn1,641 Hall City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 City of Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area : For365; Agn400 Thomas 3159 Certain County Officerscompensation 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41, Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 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 For422 Agn128 Clarke 2033 City of Athens 2-27-57 For617 Agn2112 Clarke 2036 City of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For[Illegible Text] Agn37 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 For2 Agn0 Clayton Fulton 2363 City of College Park 5-14-58 For10 Agn0 Clayton Fulton 2721 City of College Park 6-3-58 For738 Agn340 Clayton Fulton 2453 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2854 City of College Park 5-14-58 For0 Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63 Agn28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 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 : For39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925 Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote : For669; Agn43 Outside City : For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election : For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For14 Agn15 Colquitt 2396 City of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For502 Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; 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 For810 Agn1629 Georgia Laws, 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote : For4598; Agn4288 Outside City vote : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 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 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806
Page 5121
Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Bibb 2441 City of Macon 5-24-61 City vote : For1560; Agn445 Outside City vote : For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Chatham 2969 City of Savannah 5-10-61 City of Savannah : For9176; Agn1679 Zone No. 1 : For886; Agn759 Zone No. 2 : For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Board of County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 County Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1For: 22; Agn: 36 Ward 2For: 0; Agn: 17 Ward 3For: 0; Agn: 0 Ward 4For: 6; Agn: 69 Ward 5For: 0; Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224
Page 5124
Georgia Laws, 1962 : County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City : For385; Agn108 Outside City : For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 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 For550 Agn167 Oglethorpe 3202 City Court of Lexington 11-6-62 For392 Agn180 Putnam 2440 Certain County Officerscompensation 11-6-62 For626 Agn129 Putnam 3048 Tax Commissioner 11-6-62 For548 Agn184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed area : For13; Agn44 In City Tennille : For139; Agn58 Wayne 3110 Board of County Commissioners 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21
Page 5127
Georgia Laws, 1963 : County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City : For243; Agn44 Outside City : For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130
Page 5130
Georgia Laws 1964, January-February session : County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For174 Agn394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For55 Agn71 Fulton 2478 City of Union City 5-8-64 For214 Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For90 Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251 Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside : For61 Agn43 Outside : For0 Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For110 Agn30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For509 Agn502 For692 For93 Pickens 2066 Board of County Commissioners 3-4-64 For1822 Agn144 Pickens 2078 City of Jasper 3-21-64 Inside City : For43 Agn3 Outside City : For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tifton 4-22-64 For281 Agn216 Tift 2361 City of Tifton 4-22-64 For136 Agn368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire Prevention Districts 2-15-65 For246 Agn41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11-3-64 For933 Agn863
Page 5133
Georgia Laws 1964, Extra Session : County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For464 Agn529 Barrow 2347 City of Winder 9-9-64 For507 Agn372 Cobb 2075 Board of County Commissioners 7-8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For57 Agn104 Troup 2256 City of Hogansville 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Court LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64 For216 Agn32
Page 5134
Georgia Laws, 1965 : County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11-8-66 For589 Agn556 Appling 3361 Providing for an annual audit 11-8-66 For733 Agn326 Baldwin 2306 City of Milledgeville 6-2-65 For544 Agn462 Baldwin 2316 Board of County Commissioners 4-7-65 For801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For828 Agn1198 Decatur 2819 City of Bainbridge 4-7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For447 Agn472 Dooly 2582 City of Unadilla 7-20-65 For56 Agn115 Echols 3160 City of Statenville 7-14-65 For72 Agn75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coronercompensation 5-12-65 For105 Agn58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For953 Agn353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For952 Agn381 Tift 2705 * Tax Commissionercompensation 6-16-65 For943 Agn361
Page 5136
Georgia Laws, 1966 : County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembreke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn-151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603
Page 5138
Georgia Laws, 1967 : County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663 Agn570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607
Page 5141
Georgia Laws, 1968 : County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For4 Agn20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For540 Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Education 5-1-68 For971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For292 Agn137 Douglas 2262 County School Superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Education 5-21-68 For498 Agn686 Echols 3514 County Board of Education 11-5-68 For457 Agn38 Emanuel 2487 County Board of Education 4-24-68 For405 Agn633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For723 Agn1,212 Grady 2120 County Board of Education 5-14-68 For2,249 Agn717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For756 Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For191 Agn547 Jefferson 3421 County Board of Education 11-5-68 For3,029 Agn1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For559 Agn179 Jenkins 2965 County Board of Education 6-10-68 For448 Agn298 Macon 2663 Tax Commissioner 5-1-68 For189 Agn261 Miller 2529 County Board of Education 5-14-68 For667 Agn345 Paulding 2381 County Board of Education 7-3-68 For233 Agn19 Pierce 2761 County Board of Education 11-5-68 For812 Agn1,377 Rabun 2272 Board of County Commissioners 4-9-68 For1,205 Agn1,144 Sumter 2065 County Board of Education 5-21-68 For626 Agn483 Tift 2023 City of Tifton 4-3-68 For408 Agn310 Toombs 3424 County Board of Education 5-29-68 For65 Agn772 Walker 2152 City of Lookout Mountain 5-9-68 For299 Agn252 Walker 2235 County Board of Education 5-9-68 For1,155 Agn887 Walton 2974 County Board of Education 6-18-68 For1,709 Agn265 Wayne 3361 County Board of Education 9-11-68 For1,140 Agn614 Whitfield 3065 City of Varnell 5-23-68 For41 Agn5 Wilkes 3462 Town of Rayle 5-17-68 For43 Agn4
Page 5145
Georgia Laws, 1969 : County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For180 Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Education 5-22-69 For422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For326 Agn86 Charlton 2665 County Board of Education 7-15-69 For143 Agn287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn718 Sec. 2 For624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773 Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7-2-69 For113 Agn584 Crisp 3806 City of Cordele 6-18-69 For299 Agn245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For15 Agn130 Tract No. 2 For40 Agn103 Effingham 3964 City of Guyton 6-4-69 For128 Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For3 Agn2 Sec. 2Bohannon Rd. For8 Agn1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits : For289 Agn127 Outside city limits : For22 Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139 Agn288 Hall 2346 City of Murrayville 6-11-69 For81 Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote : For2134 Agn694 County vote : For38 Agn205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For88 Agn171 Laurens 2270 City of Dublin 5-28-69 For121 Agn106 Lincoln 3352 County Treasurer 11-3-70 For601 Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus : For12,379 Agn2,778 Muscogee County : For12,508 Agn2,989 Pickens 3066 County School Superintendent 7-2-69 For52 Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282 Agn409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372 Agn328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283 Agn408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For218 Agn470 Putnam 3900 Coronercompensation 6-12-69 For290 Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville : For271 Agn82 Pulaski County : For35 Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795 Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221 Agn175 Stewart 2264 County Board of Education 5-14-69 For91 Agn12 Telfair 3641 County Board of Education 8-26-69 For277 Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area : For645 Agn578 Proposed Area : For433 Agn499 Toombs 3241 City of Lyons 6-25-69 For3 Agn0 Toombs 3244 City of Lyons 6-25-69 For2 Agn34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84 Agn11 Walker 4014 City of Rossville 7-5-69 For118 Agn293
Page 5149
Georgia Laws, 1970 : County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11-3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11-3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339 Agn205 Clarke 2985 County School District Tax 11-3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education 9-9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11-3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City : For83 Agn60 Outside City : For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 Monroe 3030 County Board of Education 11-3-70 For815 Agn508 Murray 2365 City of Chatsworth 5-9-70 For183 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11-3-70 For807 Agn1113 Washington 3104 County Board of Education 6-3-70 For439 Agn537
Page 5152
Georgia Laws 1971, January/February session : County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 Bibb 3926 County Board of Education 11-2-71 * * County vote : For: 1,707 Agn: 2,369 City vote : For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049 Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 Pierce 2888 County CommissionerChrm. 11-7-72 For683 Agn642 Pike 3686 City of Zebulon 6-19-71 For52 Agn23 Polk 3708 City of Rockmart 10-2-71 For586 Agn254 Polk 3770 City of Aragon 6-2-71 For133 Agn85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For5,834 Agn10,779 City of Augusta For6,415 Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403 Agn1,855 Telfair 3448 Board of County Commissioners 7-20-71 For441 Agn700 Tift 2722 County Board of Education 6-9-71 For1,430 Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663 Agn273 Turner 2021 Personnel for Sheriff 4-27-71 For427 Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1 : For1,324 Agn931 Sec. 2 : For1,456 Agn898 [Illegible Text] 2715 County Board of Education 8-8-72 For403 Agn1,730 Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043
Page 5156
Georgia Laws 1972, January/February session : County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 * For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * City of Macon * Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 * For940 Agn1,377 Brantley 3145 Salary of deputy sheriffs 8-8-72 * For1,262 Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For1,220 Agn983 Brantley 3148 Clerk Superior Court Salary 8-8-72 * For841 Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results not known Camden 3138 Certain county officers salary 78-5-73 Demo. For701 Agn1,109 Rep. For0 Agn1 Camden 3705 Create Board of County Commissioners 8-8-72 * Demo. For679 Agn1,070 Rep. For1 Agn0 Camden 3714 Compensation of Tax Commissioner 8-8-72 * Demo. For654 Agn1,114 Rep. For0 Agn1 Camden 3717 County Board of Education 8-8-72 * Demo. For683 Agn1,050 Rep. For1 Agn0 Camden 3770 Small Claims Court of Camden County 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election. Demo. For926 Agn801 Rep. For1 Agn0 Chatham 3019 Savannah-Chatham County government 4-10-73 Not held * City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5-9-72 For20,074 Agn7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 * Demo. For2,455 Agn2,274 Rep. For2 Agn2 Decatur 3288 Board of County Commissioners 5-23-72 For668 Agn2,687 Dodge 2329 City of Eastman 4-27-72 For474 Agn1,117 Dodge 3339 County Board of Education 8-8-72 * For914 Agn858 Douglas 3997 County Board of Education 5-16-72 For400 Agn620 Elbert 2479 Board of County Commissioner 8-8-72 * For1,583 Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 * For668 Agn3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 * For1,499 Agn2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 * For6,911 Agn4,674 Forsyth 2065 Board of county commissioners 4-19-72 For551 Agn386 Gwinnett 4058 County Board of Education 5-17-72 For989 Agn924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8-8-72 * For1,410 Agn616 Heard 2113 Board of county commissioners 5-3-72 For756 Agn732 Henry 2090 State Court of Henry County 4-19-72 For570 Agn1,943 Henry 2104 Board of County Commissioners 4-19-72 For407 Agn2,070 Houston 2399 County Board of Education 8-8-72 * * 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 For2,853 Agn6,462 Jeff Davis 2760 County Board of Education 8-8-72 * For829 Agn511 Laurens 4099 County Board of Education 8-8-72 * For3,185 Agn1,103 Lowndes 2696 Ordinarycompensation 11-7-72 * For3,533 Agn1,995 Lowndes 2701 Tax Commissionercompensation 11-7-72 * For3,622 Agn1,885 Lowndes 2706 Clerk Superior Courtcompensation 11-7-72 * For3,463 Agn2,254 McDuffie 2538 County Board of Education 6-8-72 For305 Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien For86 Agn62 Dist. No. 271 For7 Agn73 Total : For93 Agn135 McIntosh 2852 City of Darien 11-7-72 * Not Held Macon 2322 Board of county commissioners 4-26-72 For608 Agn882 Madison 2547 County Board of Education 11-7-72 * For1,060 Agn1,785 Madison 2972 Appt. of county school superintendent 11-7-72 * For921 Agn2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For688 Agn2,648 Peach 3910 City of Fort Valley 6-14-72 For440 Agn1,351 Pike 3003 County Board of Education 5-16-72 For402 Agn142 Pulaski 3244 Board of County Commissioners 5-23-72 For399 Agn939 Putnam 2678 County Board of Education 8-8-72 * For1,262 Agn831 Putnam 3833 City of Eatonton 6-13-72 For118 Agn28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For452 Agn121 Telfair 4102 County Board of Education 6-20-72 For564 Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72 For1,885 Agn3,278 Tift 2908 City of Tifton 5-3-72 For247 Agn498 Treutlen 2340 County Board of Education 5-9-72 For688 Agn233 Treutlen 2345 Board of County Commissioners 5-9-72 For715 Agn221 Walker 2647 County Board of Education 11-7-72 * For6,373 Agn2,129 Walton 3006 City of Social Circle 5-31-72 For51 Agn49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114 Agn159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 * For348 Agn901 Wilkinson 333 County Board of Education 11-7-72 * For654 Agn608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.
Page 5162
Georgia Laws 1973, January/February session : County Page No. SUBJECT Election Date of Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes45 No588 Brantley 3631 City of Nahunta Election Results Not known Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes21 No29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For648 Agn682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes412 No52 Cook 2300 Cook County Commissioners 5-22-73 For758 Agn735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes37 No191 Marion 3827 County School Superintendent 11-5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171 11-5-74 ** See Below # Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes225 No256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes808 No191 Stewart 3152 City of Lumpkin 6-12-73 Yes97 No173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes322 No228
Page 5164
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 5-14-74 City Vote Richmond County government (3 elections Yes: 4833 No: 2928 held on County Vote same date) Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # Yes: 43,559 No: 363, 947 ***Common Day of Rest Act results tabulated infra.
Page 5166
GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL 434,559 363,947 Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.
Page 5169
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) 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 5171
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 [Illegible Text] election districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School [Illegible Text]appointed 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 5173
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 [Illegible Text] 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 [Illegible Text] 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 5174
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 5176
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 5177
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 Thunderbolt 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 Office 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 3-11-80 Yes: 324 No: 653 (City of Dublin) McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell 3914 Election etc. 6-3-80 Yes: 254 No: 392 (City of Pelham) 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 5-17-80 Yes: 10 No: 0 (City of Cohutta)
Page 5178
Referendum Election Results: Acts of the 1981 Session of the General Assembly County Page No. SUBJECT Date of Election Results Baldwin 4072 Disposal sites of hazardous wastes * * To be held same date as the 1982 General Primary Election Chatham Change the corporate limits of said city 6-25-81 Corporate limits (City of Tybee Island) 4914 Yes: 222 No: 60 Unincorporated area Yes: 18 No: 102 Clarke 3065 Consolidate Govt. for City of Athens and Clarke Co. 2-16-82 Yes: 2388 No: 2883 County Yes: 2611 No: 2120 City Coffee 3626 Election of School Superintendent 6-2-81 Yes: 1329 No: 1424 DeKalb 4304 Establishing form of Government * Dooly 4463 Establish five Board of Education Districts 5-19-81 Yes: 1393 No: 185 Gordon 3269 Abolish Bd. of Comm. and recreate office of County Commissioner 8-4-81 Yes: 1319 No: 1664 Gordon 3586 Provide election term of School Supt. 8-4-81 Yes: 1527 No: 778 Miller 4713 Change method of elect. mbrs. of Bd. of Ed. 8-4-81 Yes: 710 No: 182 Richmond 3677 Biennial ele. for members of Bd. of Ed. 11-3-81 Yes: 7352 No: 1526
Page 5179
Referendum Election Results: Acts of the 1982 Session of the General Assembly County Page No. SUBJECT Date of Election Result Appling 4642 5 or 6 mbr. bd. of commissioners 11-2-82 Five mbmr.-1191 Six mbr.-1000 Bacon 4606 5 mbr. bd. of Co. Commissioners in certain counties (9,365-9,385) 8-2-82 Yes 1,299 No 351 Baldwin * * These are 1981 laws that were required to be held in 1982. 4072 Disposal sites of hazardous wastes 8-10-82 Yes 1,652 No 1,465 Bartow 4589 Terms of mbrs. of Board of Ed. 8-10-82 Yes 1,652 No 1,465 Bartow 4584 Compensation of bd. of education 8-10-82 Yes 1,615 No 1,450 Bartow 4586 Superintendent of schools 8-10-82 Yes 843 No 2,205 Bibb 4625 Bd. of education Districts 11-2-82 Yes 15,184 No 5,458 Bibb 4406 Bd. of public education and orphanage 11-2-82 Yes 9,455 No 12,176 Bryan 4270 Members of bd. of commissioners 11-2-82 Yes 883 No 429 Bryan 4285 Office of treasurer abolished 8-10-82 Yes 832 No 709 Chatham 4295 Corporate limits 6-22-82 Corporate Limits (Town of Thunderbolt) Yes 126 No 133 Unincorporated Area Yes 21 No 0 Cherokee 3602 Board of Education 5-11-82 Yes 302 No 200 Clarke/City of Athens 1855 Georgia alcoholic beverage code amended as to certain counties (69,000-75,000) 8-10-82 Clarke County Yes 2,257 No 2,338 City of Athens Yes 2,393 No 2,354 Clayton 4431 Members of board of education 8-10-82 Yes 8,665 No 7,584 Cobb 1768 Sale of alcoholic beverages in certain counties (200,000-550,000) (295,000-300,000) (350,000-500,000) 11-2-82 Yes 35,622 No 34,777 Cook 3749 Election, etc. of school superintendent 11-2-82 Yes 1,623 No 1,020 DeKalb * * These are 1981 laws that were required to be held in 1982. 4304 Establishing form of Government 8-10-82 Yes 36,070 No 26,939 DeKalb 4239 Community College 8-10-82 transfer 43,375 retain 23,587 Douglas 4786 Board of education districts 11-2-82 Yes 6,032 No 1,700 Emanuel 4049 Board of education 6-1-82 Yes 1,853 No 411 Franklin 3753 Board of education and superintendent 8-10-82 #1 Proposal-458 #2 Proposal-1,308 #3 Proposal-573 Gwinnett 3510 Board of education 4-6-82 Yes 1,825 No 1,972 Haralson 4523 Members of board of education 8-10-82 Yes 2,133 No 230 Jackson 4012 Jackson County school districtmerged with Jefferson City school district and Commerce City school district 11-2-82 Jackson Co. Yes 1,991 No 2,438 Inside City of Commerce Yes 796 No 243 Inside City of Jefferson Yes 390 No 78 Lowndes 3582 Board of commissioners 11-2-82 Yes 3,652 No 4,513 Lumpkin 4274 Superintendent of Schools 6-8-82 Yes 312 No 595 Lumpkin 4277 Board of education 6-8-82 Yes 720 No 191 Oconee (City of Bogart) 4869 New charter 12-7-82 Yes 66 No 147 Pierce 4649 School board and superintendent 11-2-82 Proposal No. 1 Question No. 1-526 Question No. 2-1,124 Proposal No. 2 Question No. 1-613 Question No. 2-947 Pulaski 4638 School district superintendent 11-2-82 Yes 698 No 787 Twiggs 3627 Election of members of Bd. of Ed. 8-10-82 Yes 1,327 No 533 Ware (City of Waycross) 4611 Land conveyance authorized 11-2-82 Yes 1,869 No 878 Wayne 3789 4717 Board of commissioners 11-2-82 Yes 1,320 No 684 Wheeler 4126 Board of education was not held Worth 3715 Board of commissioners 11-2-82 Yes 1,643 No 733
Page 5183
PROCLAMATION OFFICE OF SECRETARY OF STATE I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached twenty-three pages constitute a true and correct copy of the votes cast for and against the ratification of the new Constitution and the seventy-eight Constitutional Amendments to the Constitution of the State of Georgia of 1976 voted on in the General Election held on November 2, 1982, as certified by the Secretary of State to the Governor of the State of Georgia, together with the proclamation of the Governor of the State of Georgia declaring the results of the vote of each amendment; all as the same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-three and of the Independence of the United States of America the Two Hundred and Seventh. DAVID B. POYTHRESS Secretary of State
Page 5184
EXECUTIVE DEPARTMENT 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, four general Constitutional Amendments and 74 local Constitutional Amendments to the Constitution of the State of Georgia of 1976 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 2, 1982; and WHEREAS: Pursuant to said provisions of the Constitution of the State of Georgia of 1976, a proposed new Constitution (proposed Constitutional Amendment number 1) was submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 2, 1982; and WHEREAS: The number of votes cast for and against the ratification of the new Constitution and the 78 Constitutional Amendments to the Constitution of the State of Georgia of 1976 voted on in the General Election held on November 2, 1982, 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: 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 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18,
Page 5185
21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 56, 57, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77, 78 and 79 which appeared upon the 1982 General Election ballot, all of which are Amendments to the Constitution of the State of Georgia of 1976, having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1982 General Election held on Tuesday, November 2, 1982, are a part of the Constitution of the State of Georgia of 1976. Unless the amendment itself shall provide othewise, each amendment to the Constitution shall become effective on January 1, 1983. FURTHER: I do proclaim that proposed Constitutional Amendments numbers 2, 9, 19, 20, 38, 54, 58, 59 and 76 which appeared upon the 1982 General Election ballot, all of which were proposed Amendments to the Constitution of the State of Georgia of 1976, not having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1982 General Election held on Tuesday, November 2, 1982, are not a part of the Constitution of the State of Georgia of 1976. FURTHER: I do proclaim that proposed Constitutional Amendment number 1, the proposed new Constitution, which appeared upon the 1982 General Election ballot, having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1982 General Election held on Tuesday, November 2, 1982, shall be the new Constitution of the State of Georgia, effective July 1, 1983.
Page 5186
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 21st day of December, 1982. By the Governor: GEORGE BUSBEE Governor TOM PERDUE Secretary, Executive Department
Page 5187
OFFICE OF SECRETARY OF STATE I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT in the General Election held in this State November 2, 1982, the number of votes cast for and against the five (5) General Constitutional Amendments voted on in said election are tabulated on the one typewritten page 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 12th day of November, in the year of our Lord One Thousand Nine Hundred and Eighty-Two and of the Independence of the United States of America the Two Hundred and Seventh. DAVID B. POYTHRESS Secretary of State
Page 5188
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 2, 1982 YES NO AMENDMENT NO. 1 Extraordinary Res. Act 1 H. R. 4 Ex (Ga. Ex. Session L. 1981, P. 143) Shall the proposed new Constitution be ratified as the Constitution of the State of Georgia? 567,663 211,342 AMENDMENT NO. 2 Extraordinary Res. Act 2 H. R. 6 Ex (Ga. Ex. Session L. 1981, P. 224) Shall the Constitution be amended so as to provide that persons holding the office of Governor may not succeed themselves? 317,060 501,359 AMENDMENT NO. 3 Res. Act 131 S. R. 340 (Ga. L. 1982, P. 2546) Shall the Constitution be amended so as to clarify the status of sovereign immunity and to waive the defense of sovereign immunity in contract actions and in other actions to the extent of liability insurance and as otherwise may be provided by law? 410,400 256,971 AMENDMENT NO. 4 Res. Act 132 H. R. 158 (Ga. L. 1982, P. 2547) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of a countywide public library system within all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and authorizing the General Assembly to transfer existing library facilities and systems of such county and of any municipality located wholly or partially within such county to the countywide public library system? 375,412 346,083 AMENDMENT NO. 5 Res. Act 124 S. R. 293 (Ga. L. 1982, P. 2517) Shall the Constitution be amended so as to increase the homestead exemption for residents of Henry County from ad valorem taxation for state, county, and school purposes, except taxes levied by municipalities for school purposes and taxes to pay interest on and retire bonded indebtedness, from $2,000.00 to $4,000.00? 332,933 310,132
Page 5190
OFFICE OF SECRETARY OF STATE I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached twenty pages of typewritten matter constitute a true and correct copy of the votes cast in this State in the General Election held on November 2, 1982, for and against Local Constitutional Amendments number six (6) through seventy-nine (79); all as same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 3rd day of December, in the year of our Lord One Thousand Nine Hundred and Eighty-two and of the Independence of the United States of America the Two Hundred and Seventh. DAVID B. POYTHRESS Secretary of State
Page 5191
LOCAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 2, 1982 AMENDMENT NO. 6 (Res. Act 176, H. R. 780, Ga. L. 1982, P. 2653) APPLING COUNTY Shall the Constitution be amended so as to authorize a homestead exemption for residents of the City of Baxley in an amount to be fixed by the governing authority of the city at not more than $15,000.00 from all City of Baxley ad valorem taxes? City of Baxley Yes 404 No 96 AMENDMENT NO. 7 (Res. Act 133, H. R. 303, Ga. L. 1982, P. 2549) BIBB COUNTY AND JONES COUNTY Shall the Constitution be amended so as to increase the amount of the pensions paid to certain retired firemen or policemen? City of Macon (Bibb County) Yes 11,326 No 3,014 City of Macon (Jones County) Yes 21 No 4 AMENDMENT NO. 8 (Res. Act 182, H. R. 817, Ga. L. 1982, P. 2669) BLECKLEY COUNTY Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Bleckley County from education districts and to provide for other matters relative thereto? Bleckley County School Dist. Yes 1,302 No 730 AMENDMENT NO. 9 (Res. Act 130, S. R. 333, Ga. L. 1982, P. 2544) BRYAN COUNTY Shall the Constitution be amended so as to change the requirement that the governing authority of Bryan County must levy and collect an annual ad valorem tax of two mills for developing and promoting industry by authorizing the governing authority to levy and collect an annual ad valorem tax of from zero to a maximum of two mills based upon the recommendation of the Bryan County Industrial Development Authority and providing that all such funds levied and collected must be paid over to the Bryan County Industrial Development Authority for the purposes authorized? Bryan County Yes 593 No 731 AMENDMENT NO. 10 (Res. Act 71, H. R. 170, Ga. L. 1981, P. 1916) BULLOCH COUNTY Shall the Constitution be amended so as to authorize the governing authority of Bulloch County to create and tax at different rates subclasses of real property for purposes of special services fire districts? Bulloch County Yes 3,084 No 2,141 AMENDMENT NO. 11 (Res. Act 78, H. R. 338, Ga. L. 1981, P. 1931) BULLOCH COUNTY Shall the Constitution be amended so as to authorize the General Assembly to allocate a percentage of the proceeds of any local sales and use tax levied within Bulloch County to the Bulloch County school system and to include provisions relative to a reduction in the ad valorem millage rate for school purposes? Bulloch County Yes 4,214 No 1,635 Bulloch County School Dist. Yes 4,214 No 1,635 AMENDMENT NO. 12 (Res. Act 67, S. R. 86, Ga. L. 1981, P. 1909) CAMDEN COUNTY Shall the Constitution be amended so as to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolutions in accordance with the fines specified by such ordinance or resolution and to authorize the General Assembly to provide by law the procedures and conditions under which this jurisdiction shall be exercised? Camden County Yes 650 No 301 AMENDMENT NO. 13 (Res. Act 149, H. R. 640, Ga. L. 1982, P. 2586) CAMDEN COUNTY Shall the Constitution be amended so as to provide a homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County and to provide an additional homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County who are 60 years of age or older and who have an income from all sources in an amount not exceeding $12,000.00? Camden County Yes 883 No 215 Camden County School Dist. Yes 883 No 215 AMENDMENT NO. 14 (Res. Act 72, H. R. 206, Ga. L. 1981, P. 1917) CHATHAM COUNTY Shall the Constitution be amended so as to exempt from advalorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in the amount of $12,000.00 of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the net income from all sources of all members of his family residing within the homestead, as net income is defined by Georgia law, does not exceed $10,000.00? Chatham County Yes 14,047 No 5,057 AMENDMENT NO. 15 (Res. Act 73, H. R. 210, Ga. L. 1981, P. 1920) CHATHAM COUNTY Shall the Constitution be amended so as to provide that the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham may be changed by local law without the necessity of a referendum? Chatham County Yes 10,058 No 9,976 AMENDMENT NO. 16 (Res. Act 183, H. R. 822, Ga. L. 1982, P. 2675) CHATTOOGA COUNTY Shall the Constitution be amended so as to allocate to the Chattooga County School District and to the City of Trion for the use of the Trion Independent School District for the proceeds of any local sales and use tax levied within Chattooga County and so as to provide for corresponding advalorem tax adjustments? Chattooga County Yes 1,462 No 1,221 Chattooga County School Dist. Yes 1,118 No 933 Trion School District Yes 344 No 288 AMENDMENT NO. 17 (Res. Act 118, S. R. 225, Ga. L. 1982, P. 2505) COBB COUNTY Shall the Constitution be amended so as to authorize the General Assembly to modify the provisions governing the Powder Springs Downtown Development Authority? City of Powder Springs Yes 366 No 238 AMENDMENT NO. 18 (Res. Act 164, H. R. 730, Ga. L. 1982, P. 2615) COBB COUNTY Shall the Constitution be amended so as to provide that a vacancy in the office of a justice of the peace in Cobb County shall not be filled until the next general election after the occurence of the vacancy? Cobb County Yes 37,459 No 23,725 AMENDMENT NO. 19 (Res. Act 146, H. R. 634, Ga. L. 1982, P. 2578) COLQUITT COUNTY Shall the Constitution be amended so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial institutions and to provide a code of ethics for members of the Authority? Colquitt County Yes 967 No 1,792 City of Moultrie Yes 583 No 1,637 AMENDMENT NO. 20 (Res. Act 180, H. R. 813, Ga. L. 1982, P. 2663) COLQUITT COUNTY Shall the Constitution be amended so as to require the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt County? Colquitt County Yes 2,086 No 2,270 AMENDMENT NO. 21 (Res. Act 144, H. R. 622, Ga. L. 1982, P. 2575) COLUMBIA COUNTY Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Columbia County shall have jurisdiction? Columbia County Yes 3,373 No 2,254 AMENDMENT NO. 22 (Res. Act 139, H. R. 573, Ga. L. 1982, P. 2564) CRISP COUNTY Shall the Constitution be amended to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Crisp County School System for all residents of the Crisp County School District who are 65 years of age or over? Crisp County School District Yes 2,142 No 390 AMENDMENT NO. 23 (Res. Act 142, H. R. 597, Ga. L. 1982, P. 2570) CRISP COUNTY Shall the Constitution be amended so as to provide for an increase in membership of the Crisp County-Cordele Industrial Development Authority? Crisp County Yes 722 No 311 City of Cordele Yes 808 No 299 AMENDMENT NO. 24 (Res. Act 70, H. R. 142, Ga. L. 1981, P. 1914) DEKALB COUNTY Shall the Constitution be amended so as to provide for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not exceed $10,000.00? City of Decatur Yes 2,919 No 628 AMENDMENT NO. 25 (Res. Act 129, S. R. 330, Ga. L. 1982, P. 2542) DEKALB COUNTY Shall the Constitution be amended so as to increase the homestead exemptions for resident homeowners of the City of Chamblee to an amount of $20,000.00 for a resident homeowner under the age of 65 and to exempt from all city ad valorem taxes the full value of the homestead of each resident homeowner who is totally disabled or is 65 years of age or older? City of Chamblee Yes 931 No 135 AMENDMENT NO. 26 (Res. Act 143, H. R. 617, Ga. L. 1982, P. 2573) DEKALB COUNTY Shall the Constitution be amended so as to authorize the General Assembly at any time to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts within DeKalb County and to authorize the General Assembly by local law to provide that other courts within DeKalb County shall exercise and be vested with the jurisdiction of justice courts in such manner as the General Assembly shall determine, provided that judges of the Recorder's Court of DeKalb County and magistrates of such court are elected by the qualified voters of the county or by the qualified voters of districts within the county pursuant to parallel local legislation adopted by the General Assembly? DeKalb County Yes 64,271 No 21,302 AMENDMENT NO. 27 (Res. Act 151, H. R. 663, Ga. L. 1982, P. 2590) DEKALB COUNTY Shall the Constitution be amended so as to authorize the mayor and council of the City of Pine Lake to exempt from ad valorem taxes an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake? City of Pine Lake Yes 107 No 29 AMENDMENT NO. 28 (Res. Act 162, H. R. 716, Ga. L. 1982, P. 2610) DEKALB COUNTY Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Doraville in an amount fixed by the governing authority of the city at not more than $50,000 from all ad valorem taxes levied and collected by the City? City of Doraville Yes 1,087 No 159 AMENDMENT NO. 29 (Res. Act 178, H. R. 789, Ga. L. 1982, P. 2657) DEKALB COUNTY Shall the Constitution be amended so as to change the amount of homestead exemption granted to residents of DeKalb County from DeKalb County and DeKalb County school district taxes to $10,000.00? DeKalb County Yes 68,972 No 22,104 DeKalb County School District Yes 64,235 No 20,502 AMENDMENT NO. 30 (Res. Act 179, H. R. 793, Ga. L. 1982, P. 2659) DEKALB COUNTY Shall the Constitution be amended so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident? DeKalb County School District Yes 70,113 No 16,826 AMENDMENT NO. 31 (Res. Act 167, H. R. 743, Ga. L. 1982, P. 2634) EFFINGHAM COUNTY Shall the Constitution be amended to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for all residents of the Effingham County School District who are 65 years of age or over? Effingham County School Dist. Yes 1,653 No 448 AMENDMENT NO. 32 (Res. Act 77, H. R. 307, Ga. L. 1981, P. 1928) COWETA COUNTY AND FULTON COUNTY Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Palmetto ad valorem taxes for each resident of the City of Palmetto who is 65 years of age or older having an adjusted gross income, with certain exclusions, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, which does not exceed $8,000.00 for the immediately preceeding taxable year for income tax purposes? City of Palmetto (Coweta County) Yes 21 No 2 City of Palmetto (Fulton County) Yes 276 No 39 AMENDMENT NO. 33 (Res. Act 117, S. R. 38, Ga. L. 1982, P. 2504) FULTON COUNTY Shall the Constitution be amended so as to provide that the Board of Commissioners of Fulton County shall have the power and authority to make grants in an amount not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recreational programs and activities in such municipalities? Fulton County Yes 48,870 No 34,786 AMENDMENT NO. 34 (Res. Act 120, S. R. 264, Ga. L. 1982, P. 2509) DEKALB COUNTY AND FULTON COUNTY Shall the Constitution be amended so as to exempt the increased value of property resulting from certain capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition? City of Atlanta (DeKalb County) Yes 1,847 No 1,236 Atlanta School Dist. (DeKalb County) Yes 1,847 No 1236 Fulton County Yes 40,896 No 39,843 City of Atlanta (Fulton County) Yes 25,658 No 20,757 Atlanta School Dist. (Fulton County) Yes 25,658 No 20,757 AMENDMENT NO. 35 (Res. Act 127, S. R. 320, Ga. L. 1982, P. 2524) FULTON COUNTY 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? City of Hapeville Yes 788 No 658 AMENDMENT NO. 36 (Res. Act 155, H. R. 672, Ga. L. 1982, P. 2597) FULTON COUNTY Shall the Constitution be amended so as to provide for an increase in the maximum income qualifications from $6,000.00 to $8,000.00 for homestead exemptions from city ad valorem taxation for resident homeowners in the City of Union City who are 65 years of age or older? City of Union City Yes 509 No 155 AMENDMENT NO. 37 (Res. Act 159, H. R. 701, Ga. L. 1982, P. 2605) CLAYTON COUNTY AND FULTON COUNTY Shall the Constitution be amended so as to provide for a homestead exemption for resident homeowners of the City of College Park who are under age 65 in the amount of $6,000.00 and in the amount of $8,000.00 for such resident homeowners who are totally disabled or 65 years of age or older? City of College Park (Clayton County) Yes 364 No 32 City of College Park (Fulton County) Yes 2,508 No 164 AMENDMENT NO. 38 (Res. Act 163, H. R. 718, Ga. L. 1982, P. 2613) FULTON COUNTY Shall the Constitution be amended so as to authorize, ratify, and affirm the creation of a building authority of Fulton County, to authorize said authority to enter into certain contracts, to authorize the exemption of said authority's activities from taxation, and to authorize provisions for validation of its obligations? Fulton County Yes 38,348 No 43,409 AMENDMENT NO. 39 (Res. Act 166, H. R. 741, Ga. L. 1982, P. 2618) FULTON COUNTY 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? City of Hapeville Yes 672 No 665 AMENDMENT NO. 40 (Res. Act 173, H. R. 774, Ga. L. 1982, P. 2645) DEKALB COUNTY AND FULTON COUNTY Shall the Constitution be amended so as to authorize the General Assembly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for inventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta? City of Atlanta (DeKalb County) Yes 1,806 No 1,151 Atlanta School Dist. (DeKalb Co.) Yes 1,806 No 1,151 City of Atlanta (Fulton County) Yes 29,199 No 16,576 Atlanta School Dist. (Fulton Co.) Yes 29,199 No 16,576 Fulton County Yes 46,025 No 34,274 AMENDMENT NO. 41 (Res. Act 174, H. R. 775, Ga. L. 1982, P. 2647) DEKALB COUNTY AND FULTON COUNTY Shall the Constitution be amended so as to provide that the General Assembly may enact legislation treating real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes? City of Atlanta (DeKalb County) Yes 1,657 No 1,337 City of Atlanta (Fulton County) Yes 25,771 No 19,148 Fulton County Yes 40,778 No 38,355 AMENDMENT NO. 42 (Res. Act 75, H. R. 215, Ga. L. 1981, P. 1923) GILMER COUNTY Shall the Constitution be amended so as to authorize the Gilmer County Industrial Development Authority to fix the interest rate to be borne by bonds, debentures, or revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues? Gilmer County Yes 498 No 469 AMENDMENT NO. 43 (Res. Act 169, H. R. 748, Ga. L. 1982, P. 2637) GLYNN COUNTY Shall the Constitution be amended so as to authorize and empower the governing authority of Glynn County to enact ordinances for the governing and policing of said county, to implement and enforce such ordinances, and to provide penalties for the violation of such ordinances; and to authorize the enforcement of such ordinances by proceedings in the Superior Court or State Court of Glynn County or in other courts established by the General Assembly? Glynn County Yes 4,943 No 3,090 AMENDMENT NO. 44 (Res. Act 74, H. R. 213, Ga. L. 1981, P. 1921) GWINNETT COUNTY Shall the Constitution be amended so as to increase the homestead exemption to $20,000.00 and the income limits to $10,000.00 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 65 years of age or over? Gwinnett County School District Yes 30,693 No 6,121 Gwinnett County Yes 30,693 No 6,121 AMENDMENT NO. 45 (Res. Act 140, H. R. 591, Ga. L. 1982, P. 2566) HABERSHAM COUNTY Shall the Constitution be amended so as to require the Board of Education of the Habersham County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Habersham County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year? Habersham County School Dist. Yes 2,859 No 1,404 AMENDMENT NO. 46 (Res. Act 123, S. R. 292, Ga. L. 1982, P. 2515) HENRY COUNTY Shall the Constitution be amended so as to provide a homestead exemption of $20,000.00 from all Henry County School District ad valorem taxes for each resident of the Henry County School District who is 62 years of age or over or who is disabled if his income from all sources, together with the income of all members of his family who also occupy and reside at such homestead, does not exceed $12,000.00? Henry County School District Yes 6,083 No 1,159 AMENDMENT NO. 47 (Res. Act 125, S. R. 294, Ga. L. 1982, P. 2519) HENRY COUNTY Shall the Constitution be amended so as to provide a homestead exemption of $6,000.00 from Henry County ad valorem taxes for each resident of Henry County who is 65 years of age or over or who is disabled if his net income, together with the net income of his spouse who also occupies and resides at such homestead, does not exceed $6,000.00, exclusive of certain retirement, survivor, disability, and pension benefits? Henry County Yes 6,943 No 1,028 AMENDMENT NO. 48 (Res. Act 161, H. R. 713, Ga. L. 1982, P. 2609) HENRY COUNTY Shall the Constitution be amended so as to provide that certain capital improvements of new manufacturing establishments shall be exempt from all Henry County ad valorem taxes, except taxes for school purposes, for three years from their establishment? Henry County Yes 3,572 No 3,485 AMENDMENT NO. 49 (Res. Act 157, H. R. 699, Ga. L. 1982, P. 2600) HOUSTON COUNTY Shall the Constitution be amended so as to impose a local sales and use tax in Houston County and allocate the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment? Houston County Yes 8,409 No 6,762 Houston County School District Yes 8,409 No 6,762 AMENDMENT NO. 50 (Res. Act 158, H. R. 700, Ga. L. 1982, P. 2601) HOUSTON COUNTY Shall the Constitution be amended so as to limit the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes? Houston County Yes 10,146 No 5,556 Houston County School District Yes 10,146 No 5,556 AMENDMENT NO. 51 (Res. Act 150, H. R. 657, Ga. L. 1982, P. 2588) JEFFERSON COUNTY Shall the Constitution be amended so as to permit the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes? Jefferson County Yes 1,568 No 564 Jefferson Co. School District Yes 1,568 No 564 City of Louisville Yes 358 No 104 City of Wadley Yes 160 No 57 City of Wrens Yes 195 No 67 City of Bartow Yes 38 No 15 City of Avery Yes 13 No 8 City of Stapleton Yes 30 No 4 AMENDMENT NO. 52 (Res. Act 152, H. R. 669, Ga. L. 1982, P. 2592) LOWNDES COUNTY Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Lowndes County shall have jurisdiction? Lowndes County Yes 3,762 No 3,248 AMENDMENT NO. 53 (Res. Act 153, H. R. 670, Ga. L. 1982, P. 2593) LOWNDES COUNTY Shall the Constitution be amended so as to provide that the board of commissioners of Lowndes 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 Lowndes County? Lowndes County Yes 3,630 No 3,534 AMENDMENT NO. 54 (Res. Act 175, H. R. 777, Ga. L. 1982, P. 2649) LOWNDES COUNTY Shall the Constitution be amended so as to authorize Lowndes County to issue street improvement bonds for the purpose of financing the costs of acquiring, constructing and improving streets, such bonds to be payable solely from the assessments on the property which abuts the improvements acquired or constructed with the proceeds thereof? Lowndes County Yes 3,478 No 3,612 AMENDMENT NO. 55 (Res. Act 147, H. R. 636, Ga. L. 1982, P. 2582) MERIWETHER COUNTY Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace of Meriwether County shall have jurisdiction and provide for bond requirements be approved? Meriwether County Yes 1,673 No 1,535 AMENDMENT NO. 56 (Res. Act 172, H. R. 758, Ga. L. 1982, P. 2643) MITCHELL COUNTY Shall the Constitution be amended so as to require the boards of education of the Mitchell County School District and the Pelham Independent School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rates levied by such school districts to take into account the proceeds received from the sales and use tax by each school district the preceding year? Mitchell County School District Yes 2,038 No 730 Pelham School District Yes 654 No 93 Mitchell County Yes 2,692 No 823 AMENDMENT NO. 57 (Res. Act 76, H. R. 271, Ga. L. 1981, P. 1926) MUSCOGEE COUNTY Shall the Constitution be amended so as to provide for assessment of homestead property in Muscogee County for ad valorem tax purposes based upon the value of the property on January 1, 1983; or as of January 1 of the first year when homestead exemption is allowed and claimed after January 1, 1983; or as of January 1 of the year following the last change of ownership after January 1, 1983, whichever is later? Muscogee County School District Yes 19,513 No 7,143 Muscogee/Columbus Consolidated Yes 19,513 No 7,143 AMENDMENT NO. 58 (Res. Act 141, H. R. 594, Ga. L. 1982, P. 2568) NEWTON COUNTY Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Covington 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? City of Covington Yes 685 No 887 AMENDMENT NO. 59 (Res. Act 171, H. R. 753, Ga. L. 1982, P. 2640) NEWTON COUNTY Shall the Constitution be amended so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive a $10,000.00 exemption and so as to provide a 1 percent sales and use tax for the Newton County School District and a corresponding limit on ad valorem taxes for the school district? Newton County Yes 1,289 No 5,211 Newton County School District Yes 1,289 No 5,211 AMENDMENT NO. 60 (Res. Act 121, S. R. 266, Ga. L. 1982, P. 2511) PAULDING COUNTY Shall the Constitution be amended so as to provide that the homestead of each resident of the Paulding 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 Paulding 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 Paulding 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 Paulding County School District, including ad valorem taxation to pay interest on or to retire school bond indebtedness. Paulding County School District Yes 3,341 No 895 AMENDMENT NO. 61 (Res. Act 148, H. R. 639, Ga. L. 1982, P. 2584) PIERCE COUNTY Shall the Constitution be amended so to provide that each resident of the Pierce County School District who is 62 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 Pierce County School District ad valorem taxes? Pierce County School District Yes 1,060 No 222 AMENDMENT NO. 62 (Res. Act 122, S. R. 267, Ga. L. 1982, P. 2513) POLK COUNTY Shall the Constitution be amended so as to increase from two hundred dollars to five hundred dollars the civil jurisdiction of justices of the peace in Polk County? Polk County Yes 2,356 No 1,711 AMENDMENT NO. 63 (Res. Act 181, H. R. 816, Ga. L. 1982, P. 2664) PULASKI COUNTY Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Pulaski County from education districts and to provide for other matters relative thereto? Pulaski County School District Yes 1,159 No 271 AMENDMENT NO. 64 (Res. Act 126, S. R. 309, Ga. L. 1982, P. 2522) RABUN COUNTY Shall the Constitution be amended so as to require the Board of Education of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year? Rabun County School District Yes 1,202 No 803 AMENDMENT NO. 65 (Res. Act 165, H. R. 740, Ga. L. 1982, P. 2616) RICHMOND COUNTY Shall the Constitution be amended so as to exempt from City of Augusta ad valorem taxes certain capital improvements of commercial and business establishments? City of Augusta Yes 4,062 No 1,720 AMENDMENT NO. 66 (Res. Act 170, H. R. 751, Ga. L. 1982, P. 2639) RICHMOND COUNTY Shall the Constitution be amended so as to authorize the General Assembly to create, by local law, a merit system of employment for all or some of the employees of the sheriff in Richmond County? Richmond County Yes 17,397 No 3,845 AMENDMENT NO. 67 (Res. Act 156, H. R. 698, Ga. L. 1982, P. 2598) SCHLEY COUNTY Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the justices of the peace of Schley County shall have jurisdiction from $200.00 to $750.00? Schley County Yes 216 No 155 AMENDMENT NO. 68 (Res. Act 168, H. R. 746, Ga. L. 1982, P. 2635) SCREVEN COUNTY Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments in Screven County and certain additions thereto from all county, municipal, and school district ad valorem property taxes for a period of five years following their establishment or addition? Screven County School District Yes 1,078 No 447 Screven County Yes 1,078 No 447 AMENDMENT NO. 69 (Res. Act 79, H. R. 339, Ga. L. 1981, P. 1933) SPALDING COUNTY Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Spalding County shall have jurisdiction? Spalding County Yes 4,460 No 3,134 AMENDMENT NO. 70 (Res. Act 184, H. R. 823, Ga. L. 1982, P. 2677) SPALDING COUNTY Shall the Constitution be amended so as to declare the construction of certain public facilities in Spalding County as an essential governmental funtion and a public purpose; to authorize Spalding County to levy a retail sales and use tax to provide funds for the implementation of such public purposes; to authorize Spalding County to issue not more than three million two hundred thousand dollars ($3,200,000) of the jailhouse bonds and not more than four millions one hundred thousand dollars ($4,100,000) of courthouse and administrative facility bonds; to authorize the Griffin-Spalding County School System to issue not more than ten million dollars ($10,000,000) of school bonds; all such bonds to be payable solely from and secured solely by the proceeds of sales and use tax without a referendum, but subject to the limitations imposed? Spalding County Yes 8,339 No 1,354 Griffin/Spalding School Dist. Yes 8,339 No 1,354 AMENDMENT NO. 71 (Res. Act 185, H. R. 826, Ga. L. 1982, P. 2680) SPALDING COUNTY Shall the Constitution be amended so as to provide that the Griffin-Spalding County Board of Education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts. Griffin/Spalding School Dist. Yes 6,532 No 1,795 AMENDMENT NO. 72 (Res. Act 137, H. R. 540, Ga. L. 1982, P. 2557) TIFT COUNTY Shall the Constitution be amended so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the governments of the City of Tifton and Tift County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Tift County and to draft a proposed charter to create such successor government, which proposed charter shall be submitted to the voters of Tift County for approval or rejection in such manner as the General Assembly shall provide by said local Act? Tift County Yes 2,675 No 1,747 City of Tifton Yes 2,023 No 948 AMENDMENT NO. 73 (Res. Act 128, S. R. 321, Ga. L. 1982, P. 2540) TOWNS COUNTY Shall the Constitution be amended so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes and adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year? Towns County School District Yes 1,133 No 670 AMENDMENT NO. 74 (Res. Act 119, S. R. 227, Ga. L. 1982, P. 2507) UNION COUNTY Shall the Constitution be amended so as to require the Board of Education of the Union County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes for a period beginning on January 1, 1983, and ending on December 31, 1984? Union County School District Yes 1,973 No 389 AMENDMENT NO. 75 (Res. Act 160, H. R. 705, Ga. L. 1982, P. 2607) UPSON COUNTY Shall the Constitution be amended so as to enlarge and expand upon the types and kinds of projects which the Thomaston-Upson County Industrial Development Authority may undertake and in which it may be engaged? Upson County Yes 3,216 No 1,190 City of Thomaston Yes 1,441 No 515 AMENDMENT NO. 76 (Res. Act 177, H. R. 787, Ga. L. 1982, P. 2655) WALTON COUNTY Shall the Constitution be amended so as to provide that the Board of Commissioners of Walton 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 Walton County? Walton County Yes 1,588 No 1,629 AMENDMENT NO. 77 (Res. Act 138, H. R. 563, Ga. L. 1982, P. 2563) WARE COUNTY Shall the Constitution be amended so as to authorize the board of commissioners of Ware County to create the office of county manager, appoint and remove the county manager, fix his compensation, and prescribe his duties, powers, and responsibilities by local ordinance or resolution? Ware County Yes 3,038 No 2,250 AMENDMENT NO. 78 (Res. Act 145, H. R. 625, Ga. L. 1982, P. 2576) WHITFIELD COUNTY Shall the Constitution be amended so as to increase the amount of the homestead exemption of each resident of Whitfield County from $2,000.00 to $10,000.00 for the purpose of all Whitfield County taxes, except Whitfield County school district taxes and taxes to pay interest on and retire bonded indebtedness? Whitfield County Yes 7,107 No 1,789 AMENDMENT NO. 79 (Res. Act 154, H. R. 671, Ga. L. 1982, P. 2595) WHITFIELD COUNTY Shall the Constitution be amended so as to authorize the board of commissioners of Whitfield County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Whitfield County paid in whole or in part by county funds, other than elected or certain appointed officials? Whitfield County Yes 4,666 No 4,459
Page 5220
For any information regarding these ACTS and RESOLUTIONS please contact: MAX CLELAND Secretary of State